Are you looking for a construction accident lawyer in NYC? A professional NYC construction accident lawyer understands the tactics employers use to avoid liability and can help protect your rights through legal representation.
Construction accounts for nearly one in five (approximately 20%) of all workplace deaths. Construction sites are inherently dangerous, and when accidents occur, employers often shift the blame away from themselves, leading to workers’ compensation disputes.
In this guide, Dervishi Law Group, P.C., will explain how employers try to avoid liability after construction accidents and the strategies you can use to fight back against these efforts.
How Employers Try To Avoid Liability
There were 1,092 fatalities in the construction industry in 2022. Still, employers develop numerous strategies to minimize their legal and financial responsibility when construction sites injure workers. These employer liability avoidance tactics often begin immediately after an accident occurs and can significantly impact your ability to pursue compensation.
Challenging Worker Classification
One of the primary ways employers try to avoid responsibility is by claiming that injured workers are independent contractors rather than employees. Under New York’s Construction Industry Fair Play Act, this distinction is crucial because workers’ compensation benefits only cover employees, not independent contractors.
Employers may argue that workers:
- Operated independently, claiming the worker had control over how they performed their job duties.
- Used their own tools, pointing to workers who brought their equipment to the job site.
- Had separate business entities, arguing that the worker operated as an independent business rather than an employee
Blaming the Worker
Another common construction accident legal defense involves placing responsibility on the injured worker. These blame-shifting tactics may include the following:
- Recalcitrant worker defense: Claiming the worker deliberately ignored safety instructions or refused to use the provided safety equipment
- Sole proximate cause: Arguing that the worker’s actions were the only reason the accident occurred
- Comparative negligence: Attempting to prove that the worker contributed to their injuries through careless behavior
Disputing the Severity of Construction Injuries
Employers and their insurance companies often challenge the extent and severity of reported injuries.
This strategy involves:
- Demanding independent medical examinations: Requiring workers to see doctors chosen by the insurance company
- Investigating medical history: Looking for evidence of prior injuries or conditions that could explain current symptoms
- Surveillance activities: Monitoring injured workers to find evidence that contradicts their disability claims
Fighting Back Against Employer Tactics
When employers attempt to avoid liability, an NYC construction accident lawyer can help protect your rights as you pursue compensation. Understanding your options and taking prompt action can make the difference between a successful claim and a denied one.
Document Everything Thoroughly
Proper documentation serves as a strong defense against employer attempts to shift blame. Start gathering evidence immediately after your accident, even if your injuries seem minor at first.
Essential documentation includes:
- Immediate medical attention: Seeking medical care right away and following all treatment recommendations establishes a clear link between the accident and your injuries.
- Incident reports: File written reports with your supervisor and keep copies for your records.
- Witness statements: Collect contact information from anyone who saw the accident occur.
- Photographic evidence: Take pictures of the accident scene, safety violations, and your injuries.
One cannot overstate the importance of reporting worksite incidents, as official reports create a paper trail that employers cannot easily dispute.
Understanding Your Legal Rights
New York’s labor laws provide strong protections for construction workers, and understanding these rights helps you fight back against employer liability avoidance tactics. These laws often impose strict liability on property owners and general contractors, meaning they can be held responsible regardless of fault.
What Are the Laws?
Known as the Scaffold Law, Labor Law 240 provides absolute liability for gravity-related accidents involving falls or falling objects. New York’s Scaffold Law is particularly powerful because it holds property owners and contractors responsible for elevation-related injuries, regardless of whether the worker contributed to the accident.
Labor Law 241(6) requires compliance with specific safety regulations and standards. This law allows workers to recover damages when employers violate specific Industrial Code safety rules that directly cause their injuries.
Labor Law 200 addresses general workplace safety obligations. Unlike the other labor laws, this statute requires proof of actual or constructive notice of the dangerous condition that caused the accident. This means employers can be held liable if they either knew about the hazardous condition or should have known about it through reasonable inspection and supervision.
What To Do Next
Taking immediate action after a construction accident is crucial for protecting your legal rights and building a strong case. The steps you take in the days and weeks following your injury can significantly impact your ability to pursue compensation.
Seek Legal Representation
Fighting workplace injury claims sometimes requires knowledge of complex labor laws and construction regulations. An NYC construction accident lawyer can investigate your case, gather evidence, and challenge the employer’s attempts to avoid liability.
Your lawyer will evaluate your case and assess the strength of your claims under various New York labor laws. An attorney can assist in gathering evidence to prove employer negligence and safety violations. They can also handle insurance communication, which often involves negotiating settlements and preventing you from making statements that could harm your case.
Plus, lawyers can assist in completing all paperwork and submitting it within the required deadlines while you focus on healing.
Pursue Available Claims
Your construction injury legal rights sometimes extend beyond workers’ compensation benefits. Depending on the circumstances of your accident, you may be able to pursue third-party claims against property owners, general contractors, or equipment manufacturers.
These additional claims can provide compensation for:
- Full lost wages
- Dolor y sufrimiento
- Future medical expenses
Your attorney can help you understand the various legal avenues available for your case.
Are You Looking for a Construction Accident Lawyer in NYC?
The number of fatal construction injuries in 2023 was 1,075 per 100,000 workers. That number represents one of the highest rates, according to the U.S. Bureau of Labor Statistics.
When an employer tries to avoid liability after a construction accident, you need an NYC construction accident lawyer who understands the complexity of this situation. Our team provides legal representation, helping you understand construction accident liability and your legal rights as you pursue compensation.
For legal representation, contact Dervishi Law Group, P.C., at (718) 484-4757 to discuss your case with an NYC construction accident lawyer.
FAQs Answers by NYC Construction Accident Attorneys
Check out our FAQ section!
Can Your Employer Fire You for Filing a Workers’ Compensation Claim?
No, your employer cannot fire you for filing a workers’ compensation claim. If you experience retaliation, you may be able to make additional legal claims against your employer.
How Long Do You Have To File a Construction Accident Claim?
You must report your injury to your employer within 30 days and file a workers’ compensation claim within two years. Personal injury lawsuits generally have a three-year statute of limitations, but government entity cases have much shorter deadlines.
What if Your Employer Claims You Were an Independent Contractor?
If you were misclassified as an independent contractor, you may be denied legal protections or benefits. An NYC construction accident lawyer can help establish your status using specific legal criteria.
What if the Insurance Company Wants Me To Give a Recorded Statement?
You should avoid providing recorded statements to insurance companies without legal representation. Insurance companies often use these statements to minimize or deny your claim. You typically have no obligation to provide them.
