- November 3, 2022
- Posted by: Fatos Dervishi, ESQ.
- Category: Construction Accidents
Construction sites are hazardous environments full of dangerous machinery, chemicals, lethal gases, high-voltage electricity, and ad hoc workstations. As a result, injuries are unavoidable in this type of setting. Accidents have, in fact, been a common occurrence on construction sites.
Most construction site accidents are the result of someone else’s negligence. It could be the fault of the construction industry, equipment manufacturers, landowners, or anyone careless with equipment on construction sites. Workers who are injured on construction sites, on the other hand, are legally entitled to workers’ compensation benefits for their injuries.
Unquestionably, if you are injured on a construction site, anyone who should have helped keep the job site safe for you to perform your duties may be held liable. However, before you can effectively recover the additional damages you sustained in your claim, you must demonstrate that the party failed to take the appropriate action to protect your safety.
If you or a loved one has been injured on a construction site, contact the Dervishi Law Group in New York City. Following workplace accidents, we have helped injured construction workers and their families to the point where they have come to rely on our skills and expertise.
In this article, you will learn about the following:
- Who can be held liable for a construction site accident?
- How can you ascertain who is at fault for your construction accident?
- How construction workers can get compensation for injuries sustained on the site. Etc.
Those Who May Be Liable for Construction Accidents
Accident risk can occasionally increase as a result of complex construction activities. In the construction industry, many people will move around the site working on multiple projects at the same time, giving the impression that the site is disorganized.
It can be difficult to determine who is responsible for an accident that leaves you injured when different organizations use subcontractors and workers on the job site. However, your lawyer must determine the extent of individual responsibility for your injuries at the construction site because they may have been caused by the negligence of multiple parties. A construction accident is usually not the fault of the construction industry.
The following are just a few of the additional parties who may be required to file a worker’s compensation claim for accidents on construction sites:
• Property Owner
The property owner may be held liable if there are hazardous problems on the property that are completely unrelated to the construction. The property owner must post information about any potential hazards, such as hazardous materials, at the location.
For example, if a fire occurs as a result of faulty wiring, it has nothing to do with a different building area that is undergoing cosmetic renovations. In this case, the landowner, not the construction industry, would be liable for repairing the damage caused by the fire.
Even if the property owner’s negligence was not a direct cause of the accident, under certain types of construction accident lawsuits in New York, the property owner may be held legally and financially liable for any injuries sustained.
In another scenario, if the landowner allows visitors to enter the property to observe the construction activity, this could be used as evidence in a personal injury lawsuit if one of the visitors is injured.
• Manufacturers of Machinery and Construction Equipment
In the construction industry, workers who use malfunctioning machinery or equipment frequently cause accidents. As a result, if your injuries are caused by the defective nature of the construction equipment you are using, you may be able to file a product liability lawsuit against the manufacturer.
• The Construction Company
Depending on how the project is structured, a single construction company may be able to oversee all aspects of it. This makes it easier to determine who is to blame for any injuries. However, if you can demonstrate that the construction company violated safety rules or regulations and that your injury was caused by their negligence or carelessness, you have the right to file a construction accident lawsuit against them.
• The Contractors Or Subcontractors
A general contractor on a construction site is responsible for the safety of all workers on a project. They also make certain that all national and regional safety regulations are followed. Subcontractors are hired to complete work on various sections of the entire site. Subcontractors, on the other hand, increase their liability by bringing their own tools to perform the task.
In either case, these are the key individuals in charge of ensuring worker safety on the job site. One example of a program that emphasizes educating employees on safety procedures to reduce construction accident injuries is the Occupational Safety and Health Administration’s (OSHA) prevention campaign.
The previously mentioned New York rules, which support certain types of construction accident cases resulting in the legal and financial liability of a non-negligent property owner, can also subject the general contractor to such liability.
Dervishi Law Group construction accident attorneys have successfully prosecuted a number of cases involving these technical issues and are well-versed in them.
• The Engineers and Architects
If design safety rules are ignored or design flaws go undetected, building design experts and architects may be held liable for building accidents. As a result, engineers and architects are responsible for ensuring that a building project adheres to safety standards and laws at all stages of construction.
Although other parties may be held liable for a construction accident, it is critical to contact a skilled construction accident law firm to establish liability in your specific circumstance because each construction site accident is unique.
How Can You Ascertain Who Is at Fault for Your Construction Accident?
Identifying responsible parties after a construction accident is a difficult process. Hiring a lawyer to gather evidence and determine who is liable for their cases can help injured construction workers.
A construction accident lawyer will ask you the following questions to help you identify responsible parties in your case:
1. What Is The Location Of The Accident?
The precise location of your accident is critical in determining fault. Because various parties are involved in multiple sections at the construction site, where you were injured can have a significant impact on who is responsible.
2. What Tools Were in Use When the Accident Occurred?
Your construction accident attorney will investigate the machinery or equipment used in the construction process to determine whether it was used correctly and in accordance with all safety regulations, or if it was flawed, malfunctioning, or intrinsically dangerous.
3. Were There Any Dangerous Circumstances?
If dangerous circumstances existed during the incident, determining fault could be critical. As a result, your attorney will investigate your construction accident to determine whether there were any dangerous conditions on the job site. They will investigate whether any OSHA violations contributed to the incident and whether the construction industry, its workers, and other sectors followed all safety regulations.
4. Who Was In Charge Of The Construction Site When The Accident Occurred?
The supervisor who was negligent in their supervision of the construction site at the time of the occurrence and failed to keep an eye on the activities and workers may be held liable for any accidents that occurred as a result of that negligence. Furthermore, the supervisor is in charge of ensuring that all workers on the property follow all safety rules and procedures.
How Do Construction Workers Get Compensation For Injuries Sustained On The Site?
An injured construction worker may seek workers’ compensation benefits from their employer’s insurance provider if the injury occurred while they were performing their duties on the job site. The injured worker must show that they were acting within the scope and limits of their employment at the time of the construction accident.
If an accident occurs on a construction site, claiming workers’ compensation does not depend on who is to blame. In reality, a construction worker may be entitled to compensation regardless of whether their own negligence contributed to or caused the accident.
However, the employer’s insurance provider may still find a reason to deny the injured worker’s claim. As a result, having an experienced Darvishi injury lawyer on your side is critical to ensuring that you receive just compensation for your construction site labor accident.
Defending Your Right to Sue for Construction Accident Damages
Construction workers who have been injured occasionally worry not only about their physical well-being, but also about the consequences of the incident. They are afraid of losing their jobs and being excommunicated, which will make it difficult for them to find work in the future.
However, it is critical that you seek medical attention for your injuries following your construction site accident. It would also be beneficial if you communicated your feelings and what happened to the doctor directly and honestly. The doctor will recommend a treatment plan based on your injuries and pain.
Some construction accident victims who have been injured will give a “modified” account of what happened or how it happened to the ambulance service, the emergency department or urgent care staff, or even their doctor in some cases.
That is why we implore you to tell the truth to your doctors. Some dishonest employers have asked their injured employees involved in construction accidents to claim the incident happened somewhere else in order to keep the incident from being reported to the employer’s insurance. The employer even goes so far as to promise the employee that they “will settle all the bills.”
However, as time passed and it became clear that the worker’s injury would be untreatable, the employer stopped returning calls and became unreachable. Whereas early false statements about the severity or other details of the injury may seriously jeopardize the viability of construction site accident claims.
As a result, if you are a worker in this situation, we recommend speaking with a Dervishi Law Group construction site accident attorney about who is at fault. We’ll talk about who will pay for your medical expenses, missed work time, and other concerns. We want to protect your rights and make sure you get reasonable and adequate protection.
Why You Need a Construction Accident Lawyer
A construction accident lawyer knows what questions to ask and how to assess the circumstances surrounding an accident in order to determine the true cause. These cases can be more difficult to prove, but a skilled attorney knows how to investigate difficult cases in order to obtain compensation from the appropriate parties.
An experienced construction accident lawyer, such as Dervishi Law Group, can help you pursue the compensation you deserve by doing the following:
- Your lawyer will investigate the details of your accident to establish how it happened and who is at fault.
- Identifying those whose negligence resulted in or contributed to your damage.
- Gathering adequate evidence to support your claim for compensation from the defendant.
- Meeting with the at-fault party’s insurance provider to discuss a reasonable settlement offer.
- If a settlement cannot be reached in your injury case, you might have to defend your right to compensation in court.
You must be represented by a construction accident attorney who is familiar with federal and state safety requirements and standards while assessing responsible parties and pursuing compensation for your construction site injuries in order to have a justifiable case.
Dervishi Law Group, P.C. is well-known for successfully representing construction workers and accident victims injured on construction sites throughout New York City. If you or a loved one has been seriously injured as a result of someone else’s carelessness, we can assist you in obtaining compensation.
To win your case, you must have a winning lawyer on your side. We offer a free initial consultation to discuss your case. The Dervishi Law Group, P.C., can be reached at (718) 619-4525 or (212) 235-1447.