The aftermath of a construction accident can leave you in pain, out of work, and with questions on what to do next. Understanding whether you can sue a construction company for negligence or make a workers’ compensation claim is important to many victims.
Construction accident cases are often complex due to New York laws, the workers’ compensation regime, and a number of potential parties. Oftentimes, construction involves various contractors, engineers, architects, sub-contractors, and equipment manufacturers. Determining who may be responsible for your injuries and whether they can be held legally liable is critical to recovering compensation.
Under New York law, suing a construction company or property owner for construction negligence can be challenging. Working with a New York construction accident lawyer can help you prove negligence in your accident case and seek damages.
Often, an injured worker’s only option is to make a workers’ compensation claim following a construction accident. This is because employees forfeit the right to sue their employer in exchange for workers’ comp insurance coverage. However, if there was willful harm or a third party like a manufacturer, engineer, or sub-contractor was liable for your construction accident you may have additional recourse.
Negligence on construction sites is extremely dangerous and can result in severe injuries or even death. When construction injuries happen, it is critical to determine fault in a construction accident to prove liability and make a compensation claim. Like other personal injury claims, the tort of negligence in construction cases has four elements.
The injured party (plaintiff) must prove that:
All four of these elements must be proven to establish negligence and recover damages. Showing negligence and the amount of damages you can recover is dependent on the facts of your case.
Establishing that the defendant owed a duty of care is critical proving your case in a construction accident. In other words, you must show that the defendant had a legal responsibility to you.
While employers typically have protection because of workers’ compensation insurance, failure to adhere to certain safety standards under New York Labor Laws can open the employer up to additional legal proceedings.
After establishing a duty existed, you will then need to prove a breach of duty. Negligent behavior like failing to comply with safety regulations, hazardous conditions, or defective products may qualify as a breach.
Non-compliance with construction laws often causes common accidents in construction. Witness statements and the accident report can demonstrate that a breach occurred.
Causation is critical to proving fault. There needs to be a direct link between the construction site incident and the plaintiff’s injuries. If an injured worker cannot show that the accident caused them harm, then they will not be able to recover.
Evidence collection is vital to establishing this element. Documentation from medical professionals and expert testimony can help to show causation.
A key component of a construction accident lawsuit is proof of damages. Plaintiffs need to prove not only that the incident occurred, and they were hurt, but that they suffered quantifiable damages as a result.
In these cases, construction accident victims can potentially recover for:
Keeping track of all costs related to your injuries and documenting symptoms is critical to receiving a fair settlement or jury verdict.
Additionally, it is important to note that New York is a “pure comparative negligence” state. This means that even if you are partially to blame for your injuries, you can still recover. Any compensation will be reduced by your percentage of fault in the accident.
Workplace safety is paramount on construction sites. When there has been a breach that causes you to be injured, seeking compensation is crucial to your recovery.
Evidence of the breach, how it caused your injuries, and your damages are all essential to getting just compensation. Some evidence your construction attorney may use for your case include:
Your personal injury lawyer can help you gather evidence to support your claim, establish negligence, and develop a compelling case.
Proving professional negligence in construction industry cases can be challenging. Navigating the complex regime of construction negligence laws, New York Labor Laws, making a fault determination, and gathering negligence proof is complicated. An experienced construction lawyer can evaluate your case and determine what legal recourse is available.
At Gregory Spektor & Associates, P.C., we help injured construction workers get back on their feet. Our skilled attorneys have experience determining whether our clients have a claim for employer negligence or if other parties are to blame for your injuries. Contact us to learn more.
