Construction accident claims often require in-depth knowledge of building codes and negligence laws to navigate effectively. If you were the victim of a construction accident involving a building collapse, the path forward may not be intuitive. Should you file for workers’ compensation? Who is responsible for the accident? Might you be eligible for a lawsuit instead?
Working with an experienced construction injury lawyer in New York can help you sort out the complex details of your case and maximize your compensation. This guide can help you navigate complicated building collapse claims in NYC.
Common Injuries From Construction Building Collapses
As a construction worker, you know the inherent dangers of the profession. Nearly one in five workplace deaths occur in the construction industry each year. You are exposed to dangerous equipment, precarious situations, and countless hazards every day. Still, your construction manager has a duty to mitigate risks and protect workers against harm.
Building collapses don’t usually happen on safe, OSHA-compliant construction sites. If the building you were working on collapsed, you may be able to hold your employer liable rather than simply accepting workers’ compensation.
These accidents can produce serious injuries, such as:
- Broken bones and fractures
- Internal injuries
- Burns
- Traumatic brain injury
- Bruises and lacerations
- Paralysis
- Suffocation
- Electrocution
- Loss of limbs
- Disfigurement
- Chemical exposure
These injuries often occur from falls and struck-by incidents, which are par for the course when a building collapses with workers inside it. Falls account for 35% of all construction deaths, while struck-by incidents comprise 17%. When dealing with severe injuries, you need an experienced attorney on your side who can help you navigate the complexities of your claim.
Who Is Liable for a Building Collapse on a Construction Site?
Determining the liable party or parties is an important first step in construction accident claims. Workers’ compensation is a no-fault system. If you claim workers’ comp after the accident, you agree not to hold your employer directly liable for the accident. If they were liable, you may miss out on compensation.
In some building collapse cases, no one is truly liable for the incident. The construction site met OSHA standards, and the workers followed all safety protocols, yet the accident still occurred.
But in many instances, one of the following parties is at least partially liable:
- The construction manager for failing to maintain a safe work environment
- The property owner for failing to disclose structural issues
- The building architect for designing a structurally unsafe building or failing to adhere to building codes
- Contractors who were responsible for the construction flaw that led to the collapse
- Material manufacturers who designed faulty building materials
An NYC construction accident attorney can help determine the liable party based on the details of your accident and NYC construction law.
Pursuing Compensation After a Construction Building Collapse
Construction accidents lead to an average of 11 days away from work for victims, not to mention the steep costs of medical treatment. Seeking compensation after a building collapse can help you begin moving forward.
You have several methods of pursuing compensation in construction accident claims. The route you take depends on who was liable for your accident and the damages you suffered. An experienced construction accident attorney can help you explore all of these compensation methods:
- Workers’ compensation: This would compensate you for medical expenses and time off work resulting from the accident. Accepting workers’ comp bars you from holding your company liable.
- Liability claim: If your construction manager or another higher-up was liable in the accident, you can pursue a liability claim through your company’s insurance provider. The company may be liable if it failed to maintain a safe work environment or provide the necessary safety gear to protect you during accidents.
- Third-party claim: If another person or party was liable for the accident, such as a materials manufacturer or architect, consider filing a claim through their insurance company. You may have the right to pursue workers’ compensation and a third-party claim.
- Lawsuit: Insurance claims alone often do not provide adequate compensation for construction accident claims. An attorney can help you take legal action against the at-fault party to increase your payout.
Navigating Litigation After a Building Collapse
Complex construction accident claims, such as those involving building collapses, often give rise to legal action. If the insurance company refuses to cooperate, you cannot secure enough compensation through an insurance claim, or the insurer has denied your claim altogether, your next step may be to file a lawsuit against the liable party.
The good news is that few construction accident lawsuits actually proceed to court. The vast majority settle out of court, meaning the plaintiff and defendant reach an agreement without needing to involve a judge and jury. You can anticipate that the at-fault party will offer you a sum of money to avoid going to court.
Your attorney can help you navigate settlement offers and negotiate a higher payout.
When To Call a Building Collapse Lawyer
Building collapses are often some of the more complex construction accident claims. Handling your case alone may cause you to lose out on significant compensation you have a right to. You should consider hiring a building collapse lawyer if:
- You want to maximize your compensation
- You don’t have the physical or mental energy to dedicate to your case
- The insurance company isn’t cooperating
- Multiple parties may be liable for the accident
- Your employer doesn’t want to accept a workers’ comp claim
You may decide not to hire a lawyer if your case is very straightforward and you can smoothly navigate the compensation process on your own. Still, it won’t hurt to schedule a consultation with an attorney to discuss your potential for liability claims or litigation. Many construction accident lawyers, including Dervishi Law Group, P.C., offer free consultations.
You can meet with an attorney and discuss the details of your case, then receive guidance on how to proceed.
Seek Guidance for Construction Accident Claims From Dervishi Law Group, P.C.
The steps you take after a construction accident can significantly impact your payout. Work with an experienced attorney to improve your case outcomes and take a load off your shoulders.
At Dervishi Law Group, P.C., we have assisted countless clients across NYC with construction accident claims. Call us today at 718-484-4757 or text 917-496-8342 for a free case evaluation. Then, learn more about choosing the right construction accident attorney.
Frequently Asked Questions
What happens if a building collapses on you at work?
If a building collapses on you at work, you have the right to seek compensation. You may be able to secure funds through a workers’ compensation claim, another insurance claim, or a lawsuit. An attorney can advise you on your next steps.
What are the hazards of building collapse?
Building collapse poses a wide range of hazards, such as falling objects, suffocation, water system breaks, exposure to pathogens from sewer systems, coming into contact with electrical wiring, and countless others. You need an attorney who can consider all of these hazards and factor them into your compensation claim.
What damages can you seek after a building collapse?
After a building collapse, if you can hold a party directly liable, you can claim both economic and non-economic damages. Economic damages cover direct expenses, such as medical bills and time off work. Non-economic damages cover the costs you cannot assign a price tag to, such as pain and suffering and emotional distress. Some construction accident claims also qualify for punitive damages if the at-fault party acted recklessly to cause the accident.
