Demolition work can certainly be dangerous, and construction supervisors are expected to take reasonable precautions to prevent accidents. If you were injured during demolition work, understanding your rights and options can help you know how to proceed. You might have access to workers’ compensation benefits or, in some circumstances, have grounds to take legal action against a liable party.
You may wish to speak with a construction accident attorney in New York to learn more about your legal options for seeking compensation.
Common Causes of Demolition Accidents and Injuries
As many as one in five workplace deaths occurred in the construction industry in 2023. New York, specifically, has experienced a rise in construction fatalities, reaching a rate of 11.6 per 100,000 workers in 2023. Many types of accidents can happen on construction sites, and demolition jobs often expose workers to greater risks than other types of construction work.
Common causes of demolition accidents include:
- Unsafe use of explosives: Demolition work often involves the use of explosives, but workers must take extreme caution to prevent accidental detonation and other dangerous actions. Improper handling of explosives can be fatal.
- Improper use of equipment or equipment failure: Demolition jobs also involve using powerful machinery to break down large structures. Workers should undergo thorough safety training to understand the proper way to use this equipment. Improper use and equipment failure can quickly lead to serious accidents.
- Chemical and contaminant exposure: The chemicals and substances involved in demolition work can also be dangerous if workers are not wearing the proper protective gear or mishandle them. Substances might include lead, asbestos, polychlorinated biphenyls (PCBs), and more. These substances often become more hazardous when exposed to flames.
- Structural collapse: Demolishing buildings requires careful planning and strategy to prevent the roof or upper floors from collapsing while workers are stationed on lower floors. Structural collapse can lead to falling objects or “struck by” injuries, which accounted for approximately 14,000 workplace injuries in 2020.
Understanding the cause of your demolition accident with the help of a construction accident attorney can be helpful when determining how to proceed. Often, these accidents arise due to a combination of events and not one singular cause.
Filing for Workers’ Compensation After a Demolition Accident
If your accident happened while you were on the job or completing your job duties, you likely qualify for workers’ compensation. One major exception is if you are an independent contractor rather than an employee; independent contractors generally do not qualify for these benefits.
Workers’ compensation can help pay for a percentage of your lost wages and reimburse you for medical bills related to the accident. Because demolition accidents often lead to severe injuries, you may need to miss work for some time while you recover. The duration of benefits depends on your injuries and recovery period.
Workers’ compensation is a no-fault system. This means you would likely qualify for a claim regardless of how the accident happened or who was technically at fault. Even if you made a mistake that led to your own injuries, you may still qualify.
However, accepting workers’ compensation also bars you from holding your employer directly liable for the accident. It may be a good idea to speak with a construction accident attorney before filing a workers’ comp claim to explore your options.
Can You Sue for Demolition Site Injuries?
Workers’ compensation claims are often the primary method of seeking compensation for workplace accidents. But can you take legal action for negligence in construction accidents?
New York law generally prohibits employees from suing their employers for injuries. However, there may be a few instances in which you could take legal action against your employer:
- Your employer does not offer workers’ compensation benefits.
- Your employer exhibited gross negligence through severe construction safety violations.
- Your employer intentionally harmed you.
- You were technically an independent contractor and not an employee, and your employer’s negligence caused the accident
Meeting any of these criteria will not automatically make you eligible for a lawsuit. Talk to a construction injury lawyer in NYC about employer liability laws.
Your main opportunity to take legal action after a workplace accident would arise if a third party was negligent or liable for the accident. For example, if equipment malfunctioned during the demolition work, you may be able to hold the manufacturer liable through a product liability claim. Taking legal action could allow you to pursue both economic and non-economic damages.
Consult a New York Construction Accident Attorney
If you were injured during a demolition job, a construction accident attorney can help you understand New York labor laws to guide your next steps. Dervishi Law Group, P.C., represents injured construction workers across New York. Call 718-484-4757 to request a free case evaluation.
Pyetje që bëhen shpesh
Can you sue your employer in New York State for an injury?
You generally cannot sue your employer for an injury in New York state, though there are a few exceptions to this rule. Otherwise, filing a workers’ compensation claim may be your next step to seek reimbursement for medical expenses. An experienced construction accident attorney can help you understand your rights and legal options.
What if a coworker was responsible for your demolition injury?
If a coworker was directly liable for your demolition injury, such as if they exhibited gross negligence when using machinery or explosives, you may be able to take legal action against them to claim damages. However, if gross negligence was not a factor, filing a workers’ compensation claim might be your main option for seeking compensation.
How can a construction accident attorney help you after a demolition accident?
A construction accident attorney can evaluate the circumstances of your accident and help you understand your rights and legal options. They can represent you throughout the compensation process and help you avoid missing deadlines or making other errors that might hurt your case. They can also communicate with all parties on your behalf and negotiate for higher settlements in certain circumstances.
