The construction industry is significantly more dangerous than other types of work. There is an increased likelihood of people being injured on the job or as they pass by construction sites. However, establishing liability and proving negligence will be of utmost importance when pursuing a claim for your damages.
Third-party liability claims for construction accidents can be challenging. Still, your New York construction accident lawyer at Hecht, Kleeger & Damashek P.C. could help you hold negligent independent contractors accountable. Call 212-490-5700 to get answers during a free case review.
What is an Independent Contractor?
An independent contractor is a self-employed party who provides services or goods to another company or individual based on the terms of a contract. Independent contractors are not employees of a company.
Instead, they are hired by business entities to perform roles the way an employee would. However, under the law, independent contractors must:
- Be free from control of the business
- Be free from the direction in which the service is performed
- Be engaging in independent services, business, profession, or other occupation related to the goods or services provided
Independent contractors can be held accountable when their negligent actions or misconduct result in construction accident injuries. To prove independent contractor negligence and ensure all parties are held responsible to the fullest extent of the law, your attorney must conduct a thorough investigation and gather evidence to support your case.
What is Negligence?
Negligence refers to one party owing a duty of care to another and breaching that duty of care in some way. For the elements of negligence to be met in a construction accident claim and to prove independent contractor negligence, your attorney will need to show that:
- The independent contractor in the case had control over the construction work site
- The independent contractor should have known or knew that the construction work site was unsafe
- The independent contractor’s actions or conduct were the cause of the construction accident victim’s damages
- The victim in the case suffered damages or injuries as a result of the independent contractor’s negligence
Who Is Responsible for a Negligent Independent Contractor
One of the reasons why construction accident claims involving independent contractors are so complex is because there may be multiple parties who could share liability for your damages.
In addition to pursuing a third-party liability claim against the negligent independent contractor, you may also be wondering whether you may have the right to file a claim against the construction site property owner, the construction company, contractors, subcontractors, and other third parties.
In instances of independent contractor negligence, the party that hired the independent contractor could be held vicariously liable under the doctrine of respondeat superior.
Although these laws excluded negligence committed by independent contractors in the past, many companies these days assume the risk of hiring an independent contractor as part of their business, so there are no longer exclusions to suing companies who hire independent contractors.
Companies that hire independent contractors can be held accountable for the independent contractor negligence when:
- The company has control over the way in which an independent contractor performs their work
- The company has negligently selected an unskilled or incompetent independent contractor
- An independent contractor’s services, goods, or performance are inherently dangerous or carry a peculiar risk
Types of Construction Accidents
Pursuing Third-Party Liability
After suffering an injury or damages because of an independent contractor’s negligence, you may wonder how you can recover the compensation you are entitled to. If you are an employee of the company, you may be able to file a workers’ compensation claim.
However, worker’s compensation benefits are not always available to everyone and rarely cover all your potential losses. Furthermore, when you collect worker’s compensation benefits, you do not have the authority to sue your employer in the state of New York.
Suppose you hope to file a third-party liability lawsuit against the independent contractor. In that case, you may be able to do so with help from a construction accident attorney in New York.
Your lawyer can thoroughly investigate the cause of your injuries, gather powerful evidence to prove liability and negligence in your case, calculate the value of your claim, negotiate with the insurance company for a fair and reasonable settlement, and advocate for your rights at trial.
What Damages Can I Pursue?
Third-party liability claims for independent contractor negligence may be the preferred way to seek restitution for your damages. This is because, in personal injury claims, you have the right to be made whole.
You should consider every way you have been affected by the construction accident, the independent contractor’s negligence, and your injuries. Some of the various types of economic damages and non-economic damages that could be awarded due to negligence by an independent contractor at a construction site include:
- Physical pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Reduce starting capacity
- Loss of income
- Loss of consortium
- Loss of household services
- Disfigurement and skin scarring
You may also be awarded punitive damages if the court system determines the independent contractor’s conduct in your case was reprehensible, grossly negligent, abhorrent, or otherwise intolerable.
However, punitive damages are not a type of loss you are entitled to. They are awarded as a means for the court system to punish the defendant beyond your compensable losses. It also sends a message to the community that the court system will take cases like yours seriously.
Why You Need a New York Personal Injury Lawyer
Having a personal injury attorney in New York on your side could make all the difference as you attempt to recover the compensation and benefits you deserve. Many people are unaware of the various types of losses they are entitled to recover as part of their claim.
Others are unsure who is responsible, how to hold the liable party accountable, and what to expect from their case. When you are confused about what’s next or how to make the liable party pay, a personal injury attorney in New York can offer clarity, legal advice, and support.
Call HKD for Help in Your Construction Site Negligence Case
When you have endured considerable damages due to an independent contractor’s negligence and are unsure where to turn for help, our New York construction accident lawyers at Hecht, Kleeger & Damashek P.C. are here to help you make the liable party pay.
Our extensive experience and handling third-party liability claims for independent contractor negligence could go a long way in helping you get the most out of your claim. Fill out our quick contact form or call us at 212-490-5700 to schedule your no-cost, risk-free consultation today.
CLIENT REVIEWS
05/15/2019
“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”
5
Peter, HKD CLIENT