If you’ve had a construction accident in New York, you’re far from alone. In 2022, New York City had the highest number of deaths in the private construction industry. Twenty-three lost their lives, and many more suffered injuries so serious that they had to take months off work to recover.
A construction accident lawsuit can help you recover damages if you’ve been hurt at work. In some cases, you may need expert witnesses to help substantiate your claim. A New York construction accident attorney explains the role of expert witnesses below.
What Do Expert Witnesses Do?
Expert witnesses use their professional knowledge to explain the facts of your case to a jury and judge. Not all construction accident cases require the input of an expert witness. Your lawyer will only need to consult one if your case involves details that layperson witnesses aren’t qualified to discuss.
Layperson Witnesses vs. Expert Witnesses
Layperson witnesses are ordinary people with no special training or professional expertise. For example, if you fell on a sidewalk and several passersby saw it happen, they could serve as layperson witnesses.
Expert witnesses, on the other hand, have specialized experience and education in their field. The law is quite strict on whether or not expert testimony is admissible in court. To be admissible, the testimony must be:
- Rationally related to data
- Confined to the witness’s area of expertise
- Derived by accepted protocols, practices, and procedures in the witness’s field
- In agreement with basic scientific principles
Types of Expert Witnesses
The type of expert witnesses your construction accident lawyer will call depends on the details of your construction accident lawsuit. Here are some expert witnesses who may provide testimony for your case.
Medical Professionals
Lawyers commonly hire medical professionals, such as doctors and surgeons, to assist with construction accident cases. Medical experts can provide information such as:
- How serious your injuries are
- If and when you’ll fully recover
- How long it will take for you to return to work
Mental Health Professionals
The aftermath of a construction accident can take a serious toll on your mental health. Many construction accident victims become anxious and depressed because they’re unable to work. Some develop PTSD (post-traumatic stress disorder), causing them to have flashbacks and nightmares of the incident.
If your mental health has suffered after an accident, your attorney might call a therapist or psychiatrist to explain your distress to the court.
Accident Reconstructionists
Reconstructionists use special tools and software to recreate an accident and determine how it happened. They’re commonly used for car accidents, but their expertise can also be useful for construction accident cases. Your lawyer might consult a reconstructionist if there is a dispute over construction accident liability.
Engineers and Designers
Engineers are helpful if your accident was caused by faulty product design or poor building construction. They can explain why the equipment or tool that injured you was defective.
Vocational Experts
Vocational experts can demonstrate how your accident has affected your ability to work. They’ll describe the work you were able to perform before the accident, as well as the work you can do now. If you cannot continue working in the construction industry, the vocational expert will explain how that hardship affects you.
Economists
Construction accidents involve many expenses for the victim, including medical bills, in-home care, and lost wages. An economist can explain how the accident has affected you financially.
Safety Experts
If your construction site injury happened because of an OSHA (Occupational Safety and Health Administration) violation, an OSHA official can explain that to the jury. Common OSHA violations include:
- Failing to provide fall protection
- Not building secure scaffolding
- Not placing warning signs around dangerous areas
- Failing to provide protective equipment when working around hazardous materials
Types of Construction Accidents That May Require Expert Witnesses
Will your construction accident lawsuit need an expert witness? Possibly. Here are a few types of cases that may require such a witness.
Slips, Trips, and Falls
Slips, trips, and falls are incredibly common in construction. In 2022, more than 38% of deaths in the construction industry were related to falls.
Common causes of slips, trips, and falls include:
- Poorly maintained ladders
- Using ladders that aren’t rated for one’s weight
- Wet floors
- Icy sidewalks
- Bad lighting
- Holes and raised tree roots in yards
- Shoddy scaffolding
Trench Accidents
Trench accidents are yet another leading cause of death in the construction industry. Workers can lose their lives by falling into a trench or becoming trapped when a trench collapses.
Struck-By Accidents
Struck-by accidents accounted for 8% of construction deaths in 2021. Causes of such accidents include:
- Equipment malfunctions
- Being hit by machinery
- Shifting or loose materials
- Rigging failures
- Construction worker horseplay
Electrocutions
Electrocutions aren’t as common as falls, but they’re no less deadly. Electrocutions largely affect those who work on power lines or near ungrounded live wires. Many construction workers who suffer electrocutions don’t survive.
Exposure to Dangerous Chemicals and Materials
Many construction workers regularly work with and around dangerous materials, such as lead, asbestos, mercury, and metalworking fluids. Such materials may not kill immediately, but over time, enough exposure can seriously sicken workers. A doctor can explain to the court how toxic material exposure has affected you.
Do You Need an Expert Witness for Workers’ Compensation?
You likely won’t need expert witnesses if you plan to claim workers’ compensation benefits. That’s because workers’ comp is no-fault, so you don’t have to prove that anyone acted negligently.
You will, however, require a report from a doctor regarding your injuries. The New York Workers’ Compensation Board uses this report to determine your eligibility for benefits.
You may also need an expert witness if workers’ compensation denies your construction injury claim. This could happen if your employer argues that your accident didn’t occur at work. If your case requires a hearing before a judge, having an expert witness available to explain the facts of your accident can be extremely helpful.
Contact a New York Construction Accident Attorney
If you’re wondering whether your case will need an expert witness or want to know more about New York construction accident injury rights, contact Dervishi Law Group, P.C. Call (718) 484-4757 for a free consultation with a Bronx construction accident lawyer now.
Frequently Asked Questions
A workplace accident lawyer answers some commonly asked questions about construction accidents below.
What Should You Do After a Construction Accident?
The first thing you should do after a construction accident is see a doctor. They’ll evaluate your injuries and tell you when you can return to work. You must also report the accident to your employer within 30 days to claim workers’ compensation benefits.
Can You Sue Your Boss for a Construction Accident?
In New York and elsewhere, you can’t sue your boss if they offer workers’ compensation. You can, however, sue a third party if they are liable for your injuries. Examples of potentially liable parties include general contractors, subcontractors, product manufacturers, and property owners.
Who Pays for Expert Witnesses?
The attorney’s client is responsible for paying expert witnesses. The attorney may pay the witness up front and then take the fee out of the client’s settlement if they win their case.
How Do You Win a Construction Accident Lawsuit?
To win your construction accident lawsuit, it helps to have plenty of evidence. That might include witness statements, video footage of the accident, statements from your doctors, and the accident reconstruction report. You’ll have a better chance of winning construction injury compensation if you hire an attorney.
