According to the NYC Annual Construction Safety Report for 2022, over 550 worker injuries occurred on construction sites in that year alone. Although many of these accidents were due to human error, injured laborers will typically seek compensation through the workers’ compensation system, which is no-fault.
The question of how to prove negligence after a construction site accident becomes important if someone other than the injured worker or their employer acted carelessly. If you suffered an injury on a construction site and believe a third party’s actions led to your accident, talk to a construction accident lawyer in NYC.
Common Construction Site Accidents
According to Injury Facts, construction occupies the alarming first place in workplace fatalities among all U.S. industries. Despite detailed workplace safety regulations and advanced Safety Performance Measurement Systems, construction sites still see many catastrophic and fatal accidents, such as the following:
- Slips, trips, and falls (responsible for nearly one-third of all construction injuries, according to OSHA)
- Struck-by injuries
- Electrocutions
- Contact with hazardous substances
- Getting caught under or in between heavy objects
When Can You Sue for Negligence in Construction Accident Cases?
When an employee files a workers’ compensation claim after a construction accident, it generally doesn’t matter who caused it. The worker doesn’t need to think about how to prove negligence and can claim compensation even if their actions led to their injury.
However, sometimes, someone who isn’t the injured worker or their employer is responsible for the accident. This may be, for example, a construction site owner who neglected to fix a pit in the road or a subcontractor who provided faulty equipment.
In this situation, the injured worker can file a negligence-based personal injury lawsuit against the liable party. If the worker and their lawyer meet negligence case requirements, the injured employee’s settlement may compensate them for pecuniary losses and pain and suffering.
Establishing Fault: Negligence Components
The basic elements of negligence are duty of care, a direct causal link between breach of duty and the accident, and tangible damages to the victim.
In other words, the injured worker and their lawyer must prove that:
- The defendant owed the injured party a duty of care. For example, if an electrician works as a subcontractor on a construction site, they must take reasonable precautions to ensure no one suffers electrocution.
- The defendant knowingly breached this duty of care by doing or failing to do something, like carelessly leaving exposed wiring in a place where someone may touch it.
- This breach of duty led to the victim’s accident, in this case, electrocution.
- The accident caused the victim to suffer an injury and tangible losses like medical costs and missed days at work.
Assuming the injured worker can prove the above, they can file a claim against the negligent electrician’s liability insurance. If the subcontractor is uninsured or their insurance company refuses to settle the claim, the victim could sue the subcontractor directly.
Negligence Lawsuit Evidence
If you bring forth a construction accident lawsuit, the burden of legal negligence proof is on you. Building a strong claim or proving negligence in court requires a solid body of evidence such as:
- Photos and video footage of the hazard that caused your accident
- Inspection records or safety reports that identify risks at the construction site
- Testimonies by anyone who may have seen the hazard and the accident, like other workers, subcontractors, or visitors
- Maintenance records for equipment and machinery
- Medical records showing the severity of your injuries
Your key objective when learning how to prove negligence is showing that the at-fault party was aware, or should have been aware, of the harm that could occur because of their actions. If the accident was impossible to foresee, there may be no grounds for a personal injury lawsuit.
Available Compensation for Accident Victims
As in any personal injury case, compensation for construction site accident victims may cover economic and non-economic damages. In some cases, the court may also order the at-fault party to pay punitive damages if the defendant’s conduct involved gross negligence.
Economic Damages
Economic damages include everything from your medical care and missed work days to household help you need to hire to cope with daily tasks because of your injury. In other words, these are any accident-related losses to which you can affix a dollar amount.
Non-Economic Damages
Non-economic damages, or pain and suffering, refer to all the losses you can’t measure, like the distress you feel because of your injury or the meaningful activities you’ve had to give up.
For long-term injuries, non-economic damages usually factor into a settlement as a multiplier between 1.5 and 5, depending on the severity of your condition. For example, if your case’s total worth is $150,000 and your multiplier is 3, you’d collect $450,000.
Punitive Damages
Punitive damages only apply to cases where the defendant showed a complete lack of care and failed to use even slight precautions to prevent harm to others. In contrast to economic and non-economic damages, both of which aim to compensate the victim, the main goal of awarding punitive damages is punishing the at-fault party and setting an example for others.
Do You Need a Lawyer?
If you’re preparing to navigate a negligence-based claim or lawsuit, you must work with an experienced construction site accident lawyer.
You can be sure that the other side will deny responsibility or try to downplay the extent of your losses to pay you as little as possible. The defendant’s insurance company or lawyer may blame you for the accident, try to prove that your injury happened because of a pre-existing condition, and even comb your social media for posts that could discredit you.
Your attorney will provide invaluable support and guidance throughout the claim or lawsuit process. You’ll almost certainly walk away with a better settlement if you choose the right legal professional, even deducting attorney’s fees from your payout.
Did You Suffer a Construction Site Injury? Call William Schwitzer & Associates
Construction site accident claims and lawsuits can be complex, especially when negligence is a legal factor. Our experienced New York construction accident lawyers know how to prove negligence and avoid common mistakes that could hurt your New York construction accident case.
Call (212) 683-3800 24/7 or contact us online for a free case evaluation by a construction accident lawyer in NYC.
FAQ
How much time do I have to file a negligence-based lawsuit in NY?
You can usually file a personal injury lawsuit within three years of the accident. However, the timeframe is significantly shorter if you’re taking action against a governmental or municipal agency. Consult a construction site accident lawyer to make sure you meet deadlines.
Can I sue someone for negligence if I’m an undocumented immigrant worker?
Yes, you can. You can seek compensation if someone else’s negligence led to your work site injury, regardless of your legal status as an immigrant. Contact our law firm if someone claims you have no rights because you’re an undocumented worker or threatens you with deportation if you sue.
Will my case go to trial?
Your case will likely end in a pre-trial settlement agreement. However, we’re ready to take your case to trial and defend your rights in the courtroom if necessary.
What should I look for in a New York construction accident lawyer?
Choose a lawyer who has handled many construction injury cases and knows how to prove negligence after a construction injury. Look up your prospective lawyer’s record of settlements and awards in past cases.
