Who Do I Sue After an NYC Construction Accident?
Workplace accidents can happen at any time, no matter how many safety precautions you take. Despite efforts to reduce construction site accidents, workplace injuries are widespread among construction workers, and many of their injuries have life-changing consequences.
If you were involved in a New York City construction accident, can you sue for compensation? Yes, you can, and our guide below explains who may be held liable for your damages.
How Often Do Construction Accidents Occur in New York City?
EHSToday Magazine reports that construction accidents are highly prevalent throughout the United States. In fact, one in five workplace fatalities are construction-related, and, on average, two construction workers die every day due to on-the-job accidents.
And while construction accidents are common throughout the country, data from The New York Committee for Occupational Safety and Health (NYCOSH) reveals alarming trends in New York construction deaths. The latest NYCOSH data shows:
- New York City construction fatality numbers increased in 2019 for the third year in a row
- Non-union construction sites are more dangerous for workers
- Construction-related deaths account for 26% of all New York City worker deaths
If you were injured or lost a loved one due to a construction accident, you may be entitled to recover substantial compensation from responsible parties.
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How to Collect Compensation After an NYC Construction Accident
After a New York City construction accident, you may be able to recover benefits for lost earnings and medical treatment from available workers’ compensation coverage first. However, your workers’ compensation claim may not cover all of your losses including the full extent of your pain and suffering.
In many instances, you may be also entitled to bring a claim against parties other than your employer who were responsible for workplace safety.
File a Workers’ Compensation Claim
Businesses in the state of New York are required to have workers’ compensation insurance for all of their employees. The insurance can come from the New York State Insurance Fund, a self-insured policy, or a private insurance carrier. All businesses must show proof of their workers’ compensation insurance when applying for a business permit.
Therefore, you can file a workers’ compensation claim to collect a financial recovery for your damages after a construction accident. The accident must have taken place within your scope of employment and while you were performing job duties to receive benefits. In addition, you must notify your employer in writing of the injuries you sustained within 30 days of the accident.
Unfortunately, workers’ comp benefits are limited in what they can provide. Therefore, if your accident injuries do not qualify for workers’ compensation or exceed your workers’ comp coverage, you may have the right to pursue a lawsuit against other parties who were responsible for your accident as long as that party is not your employer.
In New York, you are generally prohibited from suing your employer even if they were at fault for your accident.
File a Personal Injury Suit Against an At-Fault Party
New York laws allow construction accident victims to pursue compensation from any party liable for their workplace injuries other than their employer. In most cases, responsible parties may include the property owner, General Contractor or other construction company present at the job site.
You may sue another party after an NYC construction accident if their negligence resulted in your injuries. Examples of construction negligence include:
- Failing to properly train new construction workers for the duties they are responsible for
- Ignoring safety protocols and regulations
- Failing to maintain safe scaffolding platforms or sidewalk sheds
- Not supplying workers with the appropriate safety gear and equipment
- Failing to obtain necessary permits for specific types of construction work
- Taking shortcuts to cut costs on building materials and labor
- Failing to supervise construction activities
Property owners may have a legal duty to provide reasonable protection to every person at a construction site depending upon the circumstances of your accident.
Determining responsibility is dependent upon the unique facts and circumstances in your case. If you were injured at a job site, the best way to protect your rights is to consult with an experienced personal injury attorney.
File a Claim Against a Third Party
Employers and property owners may not be the only parties liable for your construction accident injuries. Injured workers have a right to pursue justice from any person, business, or entity responsible for their accident injuries, including third parties who may not have been present at the time of the incident.
Other parties you may sue after a construction accident in New York City include:
- Civil engineers and architects
- Project managers
- General contractors or subcontractors
- Land surveyors
- Construction equipment manufacturers
Identifying every party responsible for your construction accident is challenging. Instead of trying to figure it out on your own, partner with a New York construction accident lawyer. These types of legal experts can assess your accident claim and make sure all liable parties are held responsible for your damages.
Construction Accident Lawyers Help You Establish Liability
Suing for damages after a construction accident is complex, but not when you have a qualified construction injury lawyer on your side.
An experienced professional will investigate your case to identify all liable parties. From there, they will assess your damages and make sure you receive fair and reasonable compensation for each and every type of damage you suffered, whether it be through a workers’ compensation claim, a personal injury case or both.
Without a legal professional in your corner, you risk not receiving maximum compensation for your accident injuries. Construction accident attorneys stand up to liable employers, property owners, construction contractors, and insurance companies.
If necessary, they demand justice for your damages by filing a civil lawsuit with the appropriate New York City court and presenting your case at trial before a jury if necessary.
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Speak With an NYC Construction Accident Attorney Now
If you have been injured after a construction accident, speak with the skilled personal injury lawyers at Dansker & Aspromonte Associates LLP. We have been fighting for the rights of construction accident victims just like you since 1988.
We offer a free consultation. Call Dansker & Aspromonte Associates LLP today. Don’t delay however as there are deadlines that limit your rights. If you fail to bring your claim before the deadline expires, you could be forever prevented from recovering the compensation you deserve.
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