If you were seriously injured in a construction accident, exploring your options for seeking compensation is a wise step. You may be able to pursue a lawsuit against a third party responsible for your accident. But the idea of going to court and proving your case can also feel overwhelming.
Building a strong personal injury case involves collecting evidence to prove the defendant’s negligence and your need for compensation. What types of evidence make these cases successful? Learn more below, then consult a New York construction accident lawyer for more information.
Understanding Construction Accidents and Injuries in New York
Working in construction in New York means you may be at a higher risk of injuries and accidents than workers in other industries. New York City’s construction industry consistently sees more fatalities than any other sector. In 2023, the number of fatal work injuries across NYC reached 69, and the construction industry accounted for 24 of those.
The leading cause of fatal injuries in the NYC construction industry is falls from heights. Most fatal falls occur from scaffolds, followed by ladders and roofs. A report from NYC Health found that in over 90% of OSHA fatality investigations, at least one safety violation was cited.
If you were injured in a construction accident in NYC, you may have the right to seek compensation through a workers’ compensation claim or a lawsuit. A construction accident lawyer in NYC can help you explore your legal options and guide you through your case.
What Your Evidence Needs To Prove in a Construction Accident Lawsuit
If you are pursuing legal action after a construction injury, you generally need to prove that a party other than your employer was negligent in the accident. New York law prevents workers from suing their employers for injuries except in limited instances of intentional harm or grave injury. Your New York construction accident lawyer can advise you on whether you may have grounds to sue your employer.
For a third-party lawsuit, your evidence would need to show that:
- El demandado le debía un deber de diligencia.
- The defendant breached their duty of care.
- An accident occurred due to this breach.
- Ha sufrido lesiones en el accidente.
Potential Liable Third Parties in a Construction Accident in NY
You may be able to pinpoint a third party that was negligent in your construction accident. Examples of negligent parties in third-party liability claims may include:
- Equipment manufacturers who produced faulty equipment that malfunctioned and caused your injury
- General contractors for failing to train and supervise workers or for overlooking OSHA violations
- Architects and engineers for designing unsafe blueprints
- Property owners for failing to mitigate a hazard that led to the accident
Your New York construction accident lawyer can review the circumstances of your accident and assess who may have been liable, if anyone. This will also shape your evidence collection process. Knowing who may have been liable can help you narrow your evidence search to proof of their negligent actions.
Understanding Duty of Care in Construction Accidents
A successful construction accident lawsuit hinges on proving that the opposing party owed you a duty of care and breached that duty of care, leading to your accident and injuries.
The duty of care arises in a wide range of scenarios:
- Manufacturers owe a duty of care to their customers to prevent their products from causing harm.
- Property owners owe a duty of care to people who are lawfully on their premises, including workers they invite in to perform work.
- Employers owe a duty of care to ensure the health and well-being of employees at work.
A breach of duty of care occurs when a party fails to mitigate hazards or reasonably prevent harm to another. For example, a manufacturer breaches the duty of care when they fail to inspect equipment properly to ensure that it is in safe working order.
Your evidence should support the duty of care that was breached in your accident case.
Types of Evidence That Can Support Your Construction Accident Lawsuit
What evidence do you need for a successful construction injury lawsuit? Many types of evidence can help support your case. Here are a few examples of physical evidence your New York construction accident lawyer may gather when building your lawsuit:
- Photos of the accident scene, which show the hazard that led to your accident
- Videos of the accident from security cameras or other nearby cameras, showing exactly what happened
- Accident reports providing details about the accident and how it happened
- Faulty equipment evaluated by a professional to explain how and why a malfunction occurred
- Witness testimonies from coworkers or bystanders sharing what they saw when the accident happened
- Medical records detailing the extent of your injuries
- Safety records showing any missing safety protocols that may have contributed to the accident
- OSHA records showing past violations of OSHA requirements
Any of these types of evidence can help paint a picture of how the accident happened and tie your injuries to construction site negligence. Often, the more solid evidence you have in your case, the stronger it will be.
Civil lawsuits follow a “preponderance of evidence” standard, which means that the plaintiff is required to prove that the claim is more likely true than not by a 51% probability. Your evidence needs to be more convincing and credible than the defendant’s evidence to meet this standard.
Alternatives to Construction Accident Lawsuits
Pursuing a lawsuit is just one of the potential ways you might seek compensation after a construction accident. Filing a workers’ compensation claim is a more common approach that doesn’t require you to provide evidence of negligence.
The majority of companies in New York are required to offer workers’ compensation benefits to employees. You may qualify for a payout regardless of who was at fault for the accident as long as it happened while you were performing your job duties. If your employer was technically at fault for your injuries, a workers’ compensation claim is likely your only option for seeking compensation.
This insurance benefit can help cover your medical expenses and a portion of your lost wages while you are recovering from on-the-job injuries. The maximum weekly benefit you could receive changes on July 1 of each year.
Another option is to pursue an insurance claim against the third party that was at fault in your accident. You may be able to seek compensation through their liability insurance.
Finally, many construction accident lawsuits settle out of court. You may be able to reach a settlement agreement with the opposing party without needing to set foot in a courtroom.
When Can You Sue an Employer for Construction Accident Injuries?
New York’s workers’ compensation laws bar workers from pursuing legal action for on-the-job injuries in the majority of cases. However, there are a few select instances in which an employee may be eligible to pursue legal action against their employer after an injury.
- Your employer acted with the intent to cause you harm.
- Your employer does not offer workers’ compensation or does not carry this insurance.
- You sustained a “grave injury” under New York law, such as total blindness/deafness, paraplegia, or loss of a limb.
If you believe your case meets one of these criteria, speak with a New York construction accident lawyer about your options. You will need to gather evidence to support this fact as part of your case.
How a Construction Accident Attorney in New York Can Help Build Your Case
The idea of needing to gather evidence for a construction injury lawsuit can feel incredibly overwhelming, especially while you are recovering from serious injuries and still working through the trauma of your accident. The good news is that you do not need to go through this process alone.
A New York construction accident lawyer can take over the entire evidence collection process and provide personalized guidance throughout your case. At William Schwitzer & Associates, PC, we represent construction workers in NYC through workers’ compensation claims and lawsuits.
Review our construction accident documentation guide to learn more about documenting an accident for evidence. For a free legal consultation, contact us today at 212-683-3800.
Preguntas frecuentes
Can you sue your employer for violations of New York Labor Law?
You may have the right to sue your employer for violations of New York Labor Law in certain cases, such as instances of unpaid wages or discrimination. However, your options for suing an employer after an injury or safety violation are more limited.
What is the statute of limitations for a construction accident lawsuit in NY?
The statute of limitations for construction accident lawsuits in New York is generally three years from the accident date.
Can you pursue a lawsuit and workers’ compensation benefits for the same accident?
You may be able to pursue both workers’ compensation and a lawsuit as long as the lawsuit is against a third party, not your employer, and you are pursuing damages not covered under workers’ comp. Speak with a New York construction accident lawyer to learn more.
