Can I Sue After A Construction Accident?

One of the most dangerous industries is construction naturally. Many things can go wrong at any time during this type of labor. The workers can get injured, but so can by-standers. There were 195,000 construction-related injuries in the year 2019. Construction is the largest job. The construction accident lawyers in NY at Tannenbaum, Bellatone, & Silver P.C. can provide the legal representation you need to receive the justice you deserve.

 There are safety protocols and standards that every construction worker or employer needs to follow created by the Occupational Safety and Health Administration (OSHA). However, those who do not follow these rules need to be held responsible. This is where a construction attorney can be useful or necessary. If you were injured while working on a construction site or if you were a bystander that got hurt, you may be entitled to compensation. Construction accident lawyers in NY will be able to help their client sue the respective party for their injuries. 

 There are a variety of accidents that may happen on a construction site. The OSHA had named the four major types of injuries that result in 60% of deaths in construction workers. Falls, electrocutions, being struck by an object or caught in between objects are considered the “fatal four” accidents that result in death for construction workers. Not all accidents are fatal, however, most work-related injuries can be recovered from. Victims of a construction-related incident may be entitled to financial compensation for the injury. There are a few ways the injured worker or bystander can receive compensation. 

What Are Options for Injured Workers?

Workers Compensation

Each state has a workers’ compensation structured to help those who get injured on the job. The employee is entitled to help financially even if it was a “no-fault” accident. The injured worker, however, is unable to recover more when receiving worker’s compensation than when in a lawsuit. Workers’ compensation is constructed to benefit both parties and compromise between the employer and employee. 

Personal Injury Lawsuit

If the injured victim has decided to sue, the victim may want to meet with a construction attorney. Each state law is different, however, most of the time the worker’s compensation rules will be taken into consideration when an employee sues their direct employer. If the injured worker chooses to sue the manufacturers of inadequate equipment used during the injury, the rules of workers’ compensation will not apply. A case like this may result in higher compensation for the victim. 

Non-Worker Injuries

Bystanders can be hurt on or near construction sites. There may be loose items falling from a site above a pedestrian and some roadway construction can cause car accidents. Also, unmarked construction sites can have people walking in unknowingly and become injured easily. Contractors must ensure at the very least let the public be aware of construction sites and conditions if they are dangerous. Some contractors must make the construction site safe for other people to get by safely. 

The bare minimum a contractor must do is follow and take all the safety precautions. If they do not, it may have grounds for a lawsuit. According to some state laws, contractors who fail to take the proper precautions will be responsible for any injury that happens because of that failure. In some other state laws, the injured person or worker must have evidence that the contractor should be considered liable. 

Construction Defect Lawsuits

Another type of lawsuit that can cause injury is that after construction has been finished, someone who worked on the building may have not secured a heavy object correctly causing it to injure someone. An example of an architect failure is if they do not design a guard rail on a balcony that can stop a person from falling off. Finding who is responsible for a case like this whether it be a failure from the contractor or if the engineers or architects designed the project poorly can lead to a lawsuit that a construction attorney may help with. 

Remedies

In most of cases, besides workers’ compensation cases, the injured party may be entitled to the following compensation

• lost wages (as a result of missed work due to the injuries)
• medical bills
• pain and suffering (the value, expressed in monetary form, of having to deal with the pain and discomfort caused by the injuries), and
• loss of normal life (the difference in value, expressed in monetary form, of the person’s quality of life after the injury, compared to the person’s quality of life before the injury).

Construction Accident Lawyers in NY

If you or a loved one would like to know more about the possible outcomes of an injury lawsuit, contact Tannenbaum, Bellantone, & Silver P.C. for more information about construction accident lawyers in NY.