Construction work comes with a lot of risk. Accidents can lead to serious injuries and fatalities when employers fail to take necessary measures to keep construction sites and workers safe. New York’s construction worker fatality rate exceeds the national average, with 24% of all worker deaths in New York being construction workers, according to Deadly Skyline.
If you were injured in a construction accident, pursue the appropriate compensation with the help of a construction accident lawyer in NYC. A New York construction accident law firm will help you consider your options.
Identifying Risks on Construction Sites
Construction work comes with daily safety hazards. The Occupational Safety and Health Administration (OSHA) provides standards to keep employees safe. However, some employers fail to follow safety rules, which poses a risk to employees.
When seeking compensation, it’s important to identify exactly what accident caused your injury. Common reasons for construction site injuries include:
- Slips and falls: According to the U.S. Bureau of Labor Statistics, the construction industry accounted for 46.2% of all fatal slips and falls in 2021. Such falls often lead to traumatic brain injuries, neck injuries, and spinal cord injuries.
- Falling objects: When a heavy falling object strikes a worker, they can suffer head injuries, organ damage, and broken bones.
- Chemical exposure: When employers expose employees to lead, asbestos, and other dangerous chemicals without proper protection, they could suffer respiratory and cardiac complications.
- Electrical accidents: Construction workers are at risk for electrical accident injuries, such as burns and nerve damage.
- Heavy machinery malfunctions: While employers must test equipment for safety before employees use it, accidents happen. If heavy machinery malfunctions while an employee is operating it, this can lead to crush injuries, amputations, and organ damage.
According to the New York Department of Buildings, worker injuries from building construction sites increased by 9.7% in 2022. If you’re one of the construction workers who suffered an injury from the above hazards, you can pursue compensation for your losses.
Collecting Workers’ Compensation for Construction Accidents
Workers ‘ compensation is the primary option for pursuing financial restitution as a construction worker. In New York, employers must have workers’ compensation insurance. This is mutually beneficial, as it provides injured workers with compensation and employers with protection from lawsuits.
How Workers’ Compensation Operates in New York City
New York’s workers’ compensation is a no-fault system providing workers with financial benefits after suffering on-the-job injuries. This compensation typically covers immediate medical expenses, lost wages, and disability benefits. It also provides compensation to the dependents of workers who suffer fatal injuries.
To collect workers’ compensation, you must report your injury to your employer within 30 days of the accident. You might not know the extent of your injuries immediately after the accident, so it’s important to speak to your employer as soon as you experience pain. In the case of an occupational disease, you must file two years from the accident or discovery of the disease.
Workers’ Compensation When You’re At Fault
Since workers’ compensation is a no-fault system, you can collect compensation even if you were partially or fully at fault for your injury. However, it may make the claims process more complicated. Some workers’ compensation adjusters will discourage you from filing a claim for an injury that was your fault. However, this could put them in violation of OSHA and labor laws. Contact a construction accident attorney to protect your rights.
Workers’ Compensation With Preexisting Injuries
In some instances, construction accidents worsen a preexisting injury or illness. If this sounds like your situation, you can still collect compensation. For example, if you have a back injury from an incident separate from construction work, but your construction work worsens this injury, this can cause you to need additional medical treatment. In this case, employees can file workers’ compensation claims.
However, calculating the value of your claim when you have a preexisting injury is more complicated. Since your construction work didn’t cause your initial injury, a physician must calculate a percentage of loss from the accident that considers your prior condition. To ensure this is a fair percentage, hire a construction accident attorney. They will protect your interests and negotiate with the workers’ compensation insurance adjuster.
Pursuing Personal Injury Lawsuits for Construction Accidents
In some cases, workers’ compensation doesn’t provide enough relief for your losses. For example, workers’ compensation doesn’t typically account for future lost wages or non-economic damages. This can be particularly limiting for families in cases of wrongful death.
When Can Construction Workers File Personal Injury Claims?
There are limited circumstances in which New York construction workers can file a personal injury lawsuit. Much of the time, workers’ compensation is the exclusive remedy for construction accident injuries. However, there are a few exceptions to this rule. This includes:
- Making claims against property owners, contractors, or other third parties when they violate New York labor laws
- Claims against negligent third parties who caused or contributed to the accident, including contractors and manufacturers
- Claims against a construction company or employer without workers’ compensation insurance
If you want to file a personal injury claim for your construction accident, contact a construction accident attorney. This form of construction accident compensation can be difficult to pursue.
How Do Personal Injury Lawsuits Work?
To file a personal injury lawsuit, establishing liability through proving negligence is fundamental. When proving negligence, you must prove the following:
- The liable party owed you a duty of care
- They breached their duty of care
- That breach led to your accident
- The accident directly caused your injuries
You can collect economic and non-economic damages if you and your attorney establish liability. Economic damages cover calculable losses, just as workers’ compensation does, including medical bills, lost wages, and funeral costs if necessary. Non-economic damages account for additional intangible losses, including trauma, grief, pain and suffering, and loss of enjoyment of life.
How a Construction Accident Lawyer Can Help
You need a legal professional on your side to seek construction accident compensation. You might not be familiar with workers’ compensation laws, which limit your ability to collect compensation. An attorney can guide you through this process and ensure no insurance companies take advantage of you.
Having an attorney also helps legitimize your claims and ensures you meet the necessary deadlines. If your claim faces a denial, they will also help you appeal the decision and negotiate.
Frequently Asked Questions
Do you have more questions about construction accident compensation? Find more information below.
What Is the Statute of Limitations for Personal Injury Claims in New York?
The statute of limitations for personal injury claims in New York is three years.
Can I File a Personal Injury Claim If I’m Partially at Fault?
Yes, you can file a personal injury claim even if you’re partially at fault. However, the court will reduce your damages by your portion of the fault.
What New York Labor Laws Are Relevant To My Construction Accident Case?
Relevant New York labor laws for construction accident cases include New York Labor Laws 200, 240(1), and 241(6).
Injured in a Construction Accident? Pursue Compensation With Skilled Attorneys
There are many causes of construction accidents in NYC, and when one causes you to suffer an injury, you have several options for construction accident compensation. Whether you’re pursuing workers’ compensation or a personal injury claim, don’t take on this task alone.
Contact the construction accident lawyers here at William Schwitzer & Associates, PC. We are dedicated to protecting workers like you from big insurance companies and corporations. Call 212-683-3800 today for a free case evaluation.
