The construction industry is known for being a perilous line of work. However, construction sites are dangerous not only for construction workers, contractors, subcontractors, and other construction workers but also for the public.

If you suffer injuries in a construction accident, you may be entitled to compensation for your damages. However, establishing liability and understanding where to pursue the compensation you deserve is essential.

What is Liability after a Construction Accident?

You must prove negligence in most construction accident claims. Your construction accident lawyer must establish the following elements of negligence:

  • The defendant owed the construction accident victim a duty of care
  • The defendant decided or took action that breached their duty of care
  • The defendant’s conduct is responsible for causing the construction accident victim’s damages
  • The construction accident victim suffered considerable emotional trauma, financial losses, or physical injuries because of the defendant’s conduct

However, proving negligence is not essential for every New York construction accident claim. Liability is irrelevant if you seek worker’s compensation benefits due to a work-related construction accident injury.

Workers Compensation Vs. Third-Party Liability

New York worker’s compensation laws bar employees from suing their employers if they are injured in a work accident. This is partly because you may be eligible for worker’s compensation benefits.

These workers’ compensation benefits could consist of:

  • Total coverage of your medical expenses
  • Vocational rehabilitation benefits
  • Disability benefits to replace a portion of your lost wages
  • Death benefits to construction accident victims surviving family members

Although worker’s compensation benefits may be beneficial, they in no way replace the total amount of your damages. For that reason, even if you are eligible for worker’s comp, reaching out to a construction accident attorney may be wise to move forward with a construction accident personal injury claim so you can recoup your damages in full.

Recovering Compensation from Third Parties

Even though you may not be able to file a personal injury lawsuit against your employer, multiple other parties could share liability for your construction accident damages.

If you are not eligible for worker’s compensation benefits, you could also hold these parties accountable for your damages, depending on the circumstances of your case. Potentially liable parties in construction accident personal injury lawsuits include:

Construction Site Owners

Construction site owners are likely liable for construction accident damages when they continue to allow hazardous conditions on construction sites or fail to implement construction site safety measures and operations.

General Contractors

General contractors must maintain the safety of the construction site, addressing unsafe construction conditions, informing contractors and subcontractors of dangerous conditions on the construction site, ensuring safety regulations are followed, and hiring employees who have the skills to get the job done safely.

Subcontractors

You could sue a subcontractor in a third-party construction accident liability claim when they fail to adhere to safety regulations or otherwise acted negligently.

Architects, Engineers, Designers

The designers, architects, and engineers of construction sites have an obligation to draw up plans that ensure building safety, pass construction site inspections, and comply with local, state, and federal building regulations.

Manufacturers and Distributors of Defective Products

You could sue manufacturers and distributors of defective construction equipment when they fail to notify consumers of potential safety risks, fail to adhere to manufacturing laws and regulations, or fail to issue recalls when they discover defective or malfunctioning equipment.

Pedestrians or Outsiders

Pedestrians, outsiders, and anyone else who may have acted negligently that share liability for the cause of the pedestrian accident could get sued for a victim’s damages.

Filing a Third-Party Claim

In filing a third-party liability lawsuit for a construction accident injury, you must acquire a construction accident attorney’s legal guidance and support. The process includes the following:

  • You hire a construction accident attorney to take on your case
  • Your lawyer investigates the cause of your injuries and establishes fault
  • Your attorney goes over your damages to accurately calculate your claim’s value
  • Your attorney prepares insurance documents and other records
  • Negotiations with the insurance company commence
  • Your attorney brings your case to court if your insurance settlement doesn’t meet your needs, or the liable party does not have coverage

If you hope to help your construction accident lawsuit, do your due diligence to obtain evidence that supports your case from the start.

This might include the names, phone numbers, addresses, and contact information of any witnesses, coworkers, or other parties who could help support your version of the construction accident events.

How to Prove Liability in 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 New York City Construction Accident Lawyers Can Answer Your Questions

After everything you have been through, you likely have many unanswered questions about the construction accident claims process, your claim’s worth, and what to expect next.

When you choose our New York City construction accident lawyers at Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. to take on your case, you can rely on us to maximize your compensation and help you get justice.

Fill out our secure contact form or call our office at (212) 490-5700 to get started on your claim as soon as today.

Contact Hecht, Kleeger & Damashek, Personal Injury Lawyers

To talk with a seasoned New York car accident lawyer about your options, submit your information through our online form to request a free initial consultation.

We offer free case evaluations, and there are no up-front fees. You only pay us if we recover compensation.

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