A construction site accident is one of the leading causes of injuries and fatalities in the United States. According to the Occupational Safety and Health Administration (OSHA), there are 150,000 construction workers/construction site accident injuries recorded according to the Bureau of Labor Statistics.
With the increasing number of construction workers employed every year, the number of injured construction workers is likely to increase. If your construction site injuries fall and are caused by the negligence of another, you may be able to recover damages and file a personal injury lawsuit against the responsible party.
The Pagan Law Firm has represented many injured workers in New York City for years helping them recover compensation benefits from a job site construction accident case they are entitled to.
What Construction Accident Injuries are Most Common?
Personal injury claims for construction accident cases can get complicated. This might be based on the severity of the injury, but there are other important factors to consider as well. Here are some examples of construction accident injuries that may warrant filing a personal injury claim:
- Construction site accidents due to faulty equipment
- Accidents caused by falling objects
- Injuries caused by scaffolding collapse
- Crane accidents
- Explosions and chemical burns
These are just the common construction accidents that could happen on a construction site. If you have been injured in any type of construction accident, it is always best to seek medical attention first and then contact an experienced New York construction accident lawyer to help you with your construction accident lawsuit and get a workers’ compensation claim.
What Claims Can I File If I Am Injured in a Construction Accident?
Depending on the circumstances of the construction accident, an injured construction worker might be able to file one or more of the following types of claims:
- A personal injury lawsuit against a negligent third party
- A claim for workers’ compensation benefits
- A claim under the New York Labor Law
Let’s go through each one of these claims in detail:
A Personal Injury Lawsuit Against a Negligent Third Party
If you are injured due to the negligence of a third party who is not your employer or a fellow employee, you might be able to file a personal injury lawsuit against that third party. This is the best way to claim pain and suffering, loss of consortium, and punitive damages (if available).
In order for a third party to be held liable, their negligence must have been the cause of your injury. For example, if you were working on a construction site and were injured due to a defective power tool, you might be able to file a personal injury lawsuit against the property owner due to having safety equipment that did not comply with industry standards.
For a fellow employee to be held liable, they must have caused your injury due to their own negligence, not as a result of following orders from the employer. An example of this would be if an employee was operating a crane and dropped a load on you, causing injuries. The employee might be held liable if it can be proven that they were not properly trained to operate the crane.
The Workers’ Compensation Benefits Claim
If you are injured at a construction site, you might be able to file a claim for workers’ compensation benefits. Workers’ compensation is a no-fault system, which means that you do not need to prove that your employer or another employee was at fault for your injury in order to receive benefits.
In order to receive workers’ compensation benefits, you must show that your injury was caused by your job duties. For example, if you were injured while working on a scaffold, you would most likely be covered by workers’ compensation.
The main benefit of workers’ compensation is that it provides medical benefits and wage replacement benefits, rehabilitative benefits, and death benefits to injured workers. The downside of workers’ compensation is that you are not able to sue your employer or another employee for pain and suffering, loss of consortium, or punitive damages.
A Claim Under the New York Labor Law
The New York Labor Laws were created to protect workers who are injured due to the negligence of their employer or a fellow employee. The New York Labor Laws provide workers with the right to sue their employer or fellow employee for damages.
In order to sue your employer or fellow employee under the New York Labor Laws, you must be able to prove that their negligence was the cause of your injury. Every New York construction worker is given certain rights to safe conditions and equipment at their job site. One of the best examples is the Scaffold Law which holds the property owners fully liable if any injuries due to gravity-related falls.
What Can I Recover in a Construction Accident Lawsuit?
The amount of money you may be able to recover in a construction accident lawsuit will depend on the severity of your injuries, the number of medical bills you have incurred, and whether you will be able to return to work. New York’s Workers’ compensation system, however, limits the benefits you can recover. In some cases, you can’t recover anything from your pain and suffering.
For those who are eligible for a third-party claim, a third-party lawsuit can help you recover damages for your pain and suffering, lost wages, and medical bills/medical expenses.
The best way to determine whether you have a case is to speak with an experienced New York construction accident attorney. At The Pagan Law Firm, we offer a free consultation to discuss the details of your accident and help you understand your legal options.
Reliable Construction Accidents Attorney in New York City
Accidents happen and no one can tell when they will happen. Our NYC construction accident lawyers are well-experienced and know the ins and outs of construction sites. We have a proven track record of success in getting our clients the full amount of damages they are entitled to. We help construction site works pursue workers’ compensation benefits.
We protect construction workers’ rights to help them get back on their feet after fatal construction accidents. Get in touch with our NYC construction accident attorneys here at The Pagan Law Firm and let them help you with your New York Construction accident case.
Recovery From A Third-Party Construction Accident
With so many contractors and subcontractors on a construction site, it can be hard to know the best route to take when seeking compensation after an injury. For example, a plumber who steps on loose nails at a site would not sue their own employer, but rather the carpenters who left the nails out.
Whether you were injured by faulty machinery or even an assault by a person from another contractor, The Pagan Law Firm, P.C., can help you seek the justice you deserve for your accident that is not directly related to your employer. Our New York City firm helps workers cover their injuries and get back to work.
Get Proper Compensation For Your Needs
When taking on insurance companies for the compensation you deserve, you need to be ready to fight for your rights. Insurance companies will pay as little as possible and may even fight to pay nothing at all.
We take on big insurance companies and won’t settle for less than you deserve because we know how important this money can be. When you need compensation for medical bills, lost wages, and pain and suffering, we will fight to have everything accounted for in your payout. A workplace injury shouldn’t have you worrying about how to pay the bills.
Do Not Wait To Begin Your Recovery
Being injured on a job site can be a confusing event. You may not know how to get compensated for time off or medical costs. That’s where we can help. We’ll fight for you.
If you or your loved one is involved with a third-party construction accident, get an attorney who can help you right away. We are known for our aggressive strategies and being available to our clients all hours of the day.