According to data from the New York Committee for Occupational Safety and Health, New York has a construction worker fatality rate of 24%, which is higher than the national average of 21%. Even when workers survive these accidents, they have serious injuries.
If you were in a construction accident in New York, a New York construction accident lawyer can help you collect workers’ compensation or file a personal injury claim — and that means figuring out who is liable. Find out who can be liable and how to prove liability in construction accidents.
Who Can Be Liable for a New York Construction Accident?
From 2007 to 2014, an average of 20 New York construction workers died every year on the job, according to the NYC Department of Health and Mental Hygiene. Even more suffered injuries.
One of the reasons determining liability after a construction accident in New York is so difficult is that many parties are involved.
Employer Liability
Employers are obligated to maintain a safe workplace. To accomplish this, they must comply with Occupational Safety and Health Administration regulations.
When employers allow hazards on their construction sites, it puts you in danger. However, if you’re injured on the job, you likely cannot sue your employer. All construction employers must carry workers’ compensation insurance, which compensates injured workers and protects employers from lawsuits. Unfortunately, workers’ compensation doesn’t offer as much compensation as personal injury claims.
However, you could still sue your employer if your employer doesn’t have workers’ compensation insurance or if they intentionally caused your injury.
Property Owner Liability
New York holds property owners responsible for keeping their premises reasonably safe, including when their properties are under construction. If they fail to eliminate hazards from their property, and you suffer an injury, you may be able to hold them liable.
Instances where the property owner may be liable include:
- Slip-and-fall injuries
- Falling objects
- Falls from heights
General Contractor and Subcontractor Liability
On many construction sites, the employer uses contractors and subcontractors.
If you’re injured in a construction accident due to a general contractor or subcontractor’s negligence, you can sue them as a third party. Some instances where a general contractor or subcontractor may be liable include:
- Electrical injuries
- Heavy machinery injuries
- Toxic chemical injuries
Product Manufacturer Liability
Product defects on a construction site can have devastating consequences, even fatalities. You and other construction workers rely on ladders, scaffoldings, tools, and heavy machinery to operate safely.
When they are defective and you suffer an injury, you can sue the product manufacturer. However, beware that manufacturing companies typically have large legal teams. You need an experienced law firm like Dervishi Law Group to defend your interests.
In New York, product manufacturers are strictly liable for injuries from product defects. Unlike other liable parties, you don’t have to prove that they were negligent while making the product, just that the product caused your injury.
Some instances where a product manufacturer may be liable include:
- Falling from heights
- Slip and fall accidents
- Electrical accidents
- Motor vehicle accidents
Government Agency Liability
Government agencies are responsible for keeping New York roads safe. For example, they must install signs and clear warnings for drivers about lane closures, construction zones, speed limits, and other dangers.
If you suffered an injury on a road construction job due to an unsafe environment, the government agency may have been negligent.
To file a claim against a government agency, you must act quickly. Instead of the typical three-year statute of limitations, you only have 90 days to file a claim with the relevant government agency. If you fail to do so, you may lose your right to compensation.
Driver Liability
Drivers owe a duty of care to everyone on the road, including construction workers. They must follow traffic laws and abide by any construction site signs. If they fail to comply with these rules and you suffer an injury, you can sue them for your losses.
If you pursue action against a driver, it will proceed much like other car accident cases. However, penalties for reckless driving in construction zones are typically harsher.
How Do You Prove Liability in a Construction Accident?
Determining liability isn’t quite enough; you also have to prove it. A construction accident lawyer in New York will help you through this.
Collect and Evaluate Evidence
If you’re able to, after your accident, collect any evidence you can. This includes taking pictures and videos of the scene, documenting your injuries, and collecting contact information from witnesses. Your lawyer will help you speak to witnesses later and gain access to surveillance footage if it’s available.
Seek Medical Treatment
Seek medical treatment immediately following your accident, even if you believe you only have minor injuries. Some injuries develop later, and minor injuries can quickly become more serious. Medical records that prove you sought immediate medical care can help your case and help you hold the negligent party liable.
Prove Negligence
Unless you are pursuing action against a manufacturing company, you must prove negligence to establish liability. There are four components of negligence:
- The liable party owed you a duty of care
- The liable party’s action or inaction breached that duty of care
- The breach directly led to your accident
- The accident directly caused your injuries and losses
What Damages Can You Collect After a Construction Accident in New York?
Once you establish and prove liability, you can pursue compensation from the liable party. When you collect workers’ compensation, you typically only collect medical costs and lost wages. However, if you pursue a personal injury claim against a third party, you have more types of damages available to you.
Economic Damages
Economic damages account for your calculable financial losses from the accident. These might include:
- Emergency medical costs
- Ongoing medical treatment
- Lost wages
- Loss of earning potential
Non-Economic Damages
Non-economic damages compensate you for intangible losses. These may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Disability
Punitive Damages
Punitive damages aim to punish the liable party. They are only applicable in instances of gross negligence or intentional torts. The amount you can collect for punitive damages depends on the liable party’s wealth.
Wrongful Death Damages
According to the Bureau of Labor Statistics, the private construction industry sector in New York had the highest number of fatal work injuries in 2021, with 22 fatalities. When construction workers suffer fatal injuries, their loved ones may pursue wrongful death damages, including:
- Funeral costs
- Medical costs
- Grief
- Loss of consortium
Injured in a Construction Accident? Contact Dervishi Law Group
If you were injured in a construction accident in New York, a construction accident attorney at Dervishi Law Group can help you determine liability. We’ll help you understand your compensation options. We strive to protect workers’ rights.
We know the common causes of construction accidents and can help you gather evidence to build a case to seek compensation.
Call 718-484-4757 or text 917-496-8342 today for a free case evaluation.
Frequently Asked Questions
Do you still have questions about construction accident liability? See more information below.
What Are Common Construction Accidents?
Common causes of construction accidents include tripping hazards, falling objects, heavy machinery malfunctions, dangerous substances and chemicals, and exposed wiring.
What Is the Statute of Limitations for Personal Injuries in New York?
The statute of limitations for personal injury claims in New York is three years from the date of your accident.
Can I Pursue Compensation for a Construction Accident in New York If I’m Partially At Fault?
Yes, you can pursue compensation for a construction accident in New York if you’re partially at fault under New York’s comparative negligence laws.
