October 19, 2023

How to Prove a Construction Site Accident Case in NY

By Jonathan Damashek

Posted in

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New York construction employees deserve safe workplaces with proper regulations. Unfortunately, construction site accidents are not uncommon, with over 900 construction work fatalities nationwide in 2021.

If you were injured on a construction site in New York, learn how to build your claim and secure the maximum compensation for your recovery.

Which Type of Claim is Best for Your Case?

There are a few legal routes you can take after a New York construction site accident. The choice largely depends on details of your case, including who is responsible for the accident and your damages.

Workers’ Compensation

If you, your coworkers, or your employer contributed to your accident, you can file a workers’ compensation claim through the official New York State website.

Most employers have workers’ compensation insurance to reimburse employees after they’re injured on the job. Workers’ comp is a type of no-fault insurance, meaning you will not need to prove who contributed to the accident to file a claim.

However, workers’ comp only covers a portion of damages. You could continue to face financial burdens, especially if you have significant injuries. You might choose to file a workers’ comp claim and another type of claim that applies to your case.

Third-Party Liability Claim

Victims can secure maximum compensation if a third party is at fault for their accident and injuries. Additionally, if your employer does not have proper workers’ compensation insurance or you are not covered, you might be able to pursue a claim directly against them.

You can file a third-party liability claim through the negligent party’s insurance company. Their insurance can then cover 100% of your losses.

With third-party liability claims, you can expect fuller compensation to cover all your damages, including non-economic damages such as pain and suffering.

If the insurance company denies your claim, you may choose to file a personal injury lawsuit to recover fully.

Wrongful Death Claim

If your loved one was killed in a New York construction accident, you may be entitled to compensation through a wrongful death claim or lawsuit. This can be done if a third party contributed to the accident.

How to Prove a Construction Site Accident

If you or a loved one were injured on an unsafe construction site, you might pursue a claim or lawsuit against a liable third party. Liability refers to those responsible for making you “whole” through compensation.

Find Who’s At Fault for Your Accident

Multiple third parties could be liable in your construction site accident case, such as:

For example, if you or a loved one were injured after falling from broken scaffolding, you can hold a contractor or property owner liable under New York’s Scaffold Law through a third-party claim.

Support Your Claim with Evidence of Negligence

Proving fault is necessary in a third-party liability claim. When your attorney gathers evidence in your case, they can help establish everyone at-fault and hold them liable.

Perhaps an employer or third party failed to meet OSHA standards, leading to your construction site accident and injuries. Your lawyer can gather evidence of their wrongdoing and assist you through the process of recovery.

The attorney you choose should have deep insight on OSHA construction safety regulations and related New York labor laws to solidify your case. With this knowledge, they can examine your accident through a legal lens and determine every possible point of attack.

Provide Evidence That You Suffered Damages

If a third party is partially or entirely at fault for your construction accident and your injuries, a construction accident lawyer in NYC can represent you in a claim for compensation for your:

Evidence to prove these damages can include photos of your injuries, medical bills and records, expert testimony, and other crucial information your lawyer can collect. If an accident caused the death of your loved one, you could have suffered the following damages:

  • Funeral and burial expenses
  • Medical expenses the decedent incurred between the date of the accident and their death
  • The decedent’s pain and suffering from the date of the accident to their death
  • The decedent’s lost wages from the date of the accident to their death
  • The loss of decedent’s future income
  • The loss of the value of decedent’s services
  • The loss of decedent’s parenting
  • Interest on these damages

Our NY Construction Accident Lawyers Can Help Prove Your Case

After a New York construction site accident, you might face significant injuries and struggle with returning to the life you had prior to the event. Workplace injuries can be debilitating. You don’t have to bear the burden entirely by yourself—the construction accident lawyers at Hecht, Kleeger, & Damashek, P.C. are here to provide legal advice and assist with your case.

Contact an experienced NYC construction accident lawyer at HKD to schedule a free consultation. Call (212) 490-5700 or fill out our online contact form to get started today.