Yes, you may be eligible to sue a third party for negligence if you believe they have violated safety regulations, which in turn resulted in your accident during construction work. However, if you have worker’s compensation, you can’t sue your employer as they are exempted from personal injury lawsuits.
Construction is a dangerous yet essential job in New York, and accidents are far too common. These accidents can have devastating consequences, leaving victims and their families at a loss of what to do for their medical and financial needs, and continued livelihood.
With the help from a team of talented construction accident attorneys, you can seek compensation for the damages you have wrongfully faced. You and your family may be entitled to receive compensation for damages including, pain and suffering, permanent disability, lost wages, and medical expenses. If you or a loved one have been injured due to a construction accident, it's crucial to understand your options.
Injured in a Construction Accident in New York?
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Main Causes of Construction Site Accidents in New York
Despite New York State's attempt to protect workers, construction accidents still occur. Over the course of just 9 years, 351 workers died in construction-related accidents from 2011 to 2020. In 2021, it was found that 96% of workers’ death cases in New York construction sites were found to have OSHA safety regulations violations.
Some common causes of construction accidents in New York include:
- Inadequate training or supervision
- Unsafe working conditions or unsafe equipment
- Scaffolding collapse
- Slip and falls
- Exposure to toxins
The U.S. Occupational Safety and Health Administration (OSHA) have also established four main reasons for construction accidents, known as the “fatal four”:
- Fall-related accidents
- Being struck by an object
- Electrocution-related accidents
- And, being caught between two objects
It’s important to be aware of these risks, as oversights can result in catastrophic injuries, or death.
Most Common Types of Construction Injuries
There are various types of construction injuries, but some common ones include:
- Traumatic Brain Injuries (TBI)
- Broken bones or fractures
- Spinal cord injuries
- Internal bleeding
- Burn injuries
- Electrocution
- Loss of hearing or vision
- Wrongful death
If you or a loved one are suffering from these injuries due to negligence, you should seek legal assistance to determine if your case is entitled for compensation
Who is Liable for My Construction Site Accident?
While worker’s compensation generally prevents you from suing your employer, you may have grounds for a lawsuit against third parties whose negligence contributed to your accident.
Potentially liable third parties in construction accidents include, but are not limited to:
- Property owners
- Equipment manufactures
- Material suppliers
- Tools and equipment rental companies
- Subcontractors
- Engineers
- Architects
These parties may be held responsible if their negligence or violation of safety regulations led to your injury.
Grounds for a Third-Party Lawsuit in New York
A third-party liability claim in construction accidents involves seeking compensation from someone besides your employer or co-workers whose negligence contributed to your injury.
You may have grounds to sue a third party if:
- They violated New York Labor Law 200, which establishes a general duty for property owners, contractors, and other parties to provide a safe working environment.
- They violated New York Labor Law 240, or the “Scaffold Law”, which states that contractors, owners, and their agents are legally required to provide proper safety equipment for workers engaged in construction, repair, or cleaning of buildings.
- The equipment you received had a design flaws
- The equipment you received had a manufacturing defect
Navigating the legal complexities of a third-party claim is very difficult, and requires the help of a legal team who specializes in construction accident cases.
Are You Seeking Compensation for a Construction Accident?
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What Do I Do If I Was Injured in a Construction Accident?
The aftermath of a construction related injury can be devastating for both the victim and their family. However, you do not need to navigate this troublesome time alone. Here’s what you need to do moving forward:
- Seek the appropriate medical assistance for your injuries.
- Report the accident to your supervisor, and ensure an official accident report is filed.
- Document everything about the accident. This documentation may include, summarizing the events that led up to your accident to the best of your ability and taking photographs of the scene and your injuries.
- Reach out to a legal representative who specializes in construction accident cases. They can help you determine if you have the grounds for a third-party lawsuit.
Due to the Statute of Limitations, it’s important to act fast if you believe you have experienced construction-related negligence. According to CPLR 214(5), you can file a construction accident claim 3 years from the date of the accident.
The legal process can be very complex, so let The Porter Law Group handle all necessary filing and negotiations while you and your family focus on recovery.
Contact a New York Construction Accident Attorney
At The Porter Law Group, we make sure that victims of construction accidents are rightfully compensated. We aim to help families rebuild after devastating accidents by securing the financial support that they need. You do not need to pay us anything unless we win.
If you or a loved one fell victim to a construction accident, please reach out for a no-obligation, free consultation. You may contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
