Construction accidents are common causes of worker injury, and the construction industry has one of the highest rates of workplace injuries and fatalities. Injured construction workers in New York can file workers’ compensation claims and pursue third-party liability lawsuits for their injuries. So, when should you call a construction accident lawyer for your case?
What can a Bronx construction accident lawyer do for your injury claims? Personal injury attorneys use their knowledge and experience throughout the claims process to help you seek the maximum compensation for your injuries. Learn more below about filing an injury claim with workers’ compensation and who might be legally liable for your injuries.
Construction Accident Statistics
Construction accidents account for 21% of all workplace accident fatalities, of which 66% are due to Focus Four incidents. The Occupational Safety and Health Administration (OSHA) lists the top four causes of death in construction accidents as falls (from a height or at the same level), struck-by incidents, electrocution, and caught-between incidents.
Approximately 40% of construction accident injuries result in days away from work, with 11 days being the average time away from work due to a construction site accident. Commonly cited OSHA violations at construction sites include:
- Fall protection
- Fall protection training
- Eye and face protection
Filing a Workers’ Compensation Claim in New York for a Construction Accident
Your employer is required to carry workers’ compensation insurance to cover workplace injuries. Workers’ comp will cover:
- Medical expenses from your injury
- Travel expenses for medical treatment appointments
- Two-thirds of your average weekly wage in cash benefits (up to the maximum benefit)
To file a workers’ comp claim, first get medical treatment for your injuries. Then, notify your supervisor about the incident and your injuries. Finally, file a C-3 form online with the New York Workers’ Compensation Board.
You will need several pieces of information to file your workers’ comp claim:
- Your contact details
- Employer information, including name and address
- Employment details about your job title, duties, and gross rate of pay
- The events that led to the accident and related information about your injury
- Your injury location, severity, treatment, and any missed time from work
You must notify your employer of your injury within 30 days to avoid losing your right to workers’ compensation benefits.
Can Injured Construction Workers Sue for Construction Accident Injuries?
You might also be able to file personal injury lawsuits against other parties at the construction site that could have contributed to your injuries. While workers’ compensation protects employers from lawsuits by injured employees, any third party that could have caused the accident might be liable for your injuries.
Third-Party Liability in a Construction Site Accident
Your construction accident lawyer can help you determine whether a third party contributed to your injuries in an accident. Third parties that may have had a part in causing your accident include:
- Other contractors or subcontractors working at the site who failed to adhere to safety protocols
- The property owner of the construction site who failed to prepare the site before handover for the job
- Equipment manufacturers that developed and sold defective parts
- A vehicle operator who drove into the construction site and caused your injuries
If your injuries don’t require you to leave immediately in an ambulance, try to take pictures of the scene and get contact information from anyone who might have been a witness to your accident. This evidence could be key to determining if a third party contributed to your accident.
Seeking Compensation Against a Third Party for Your Construction Accident Injuries
Personal injury lawsuits require that you, as the plaintiff, prove negligence by the defendant or defendants. But why hire an attorney for a construction accident? Besides representing your interests with your workers’ comp provider, you need an experienced NY construction accident lawyer to ensure you follow all appropriate procedures in filing legal claims with the court and presenting evidence for your case.
In personal injury lawsuits, the plaintiff has the burden of proof “with a preponderance of the evidence” to demonstrate that the defendant was negligent in their actions or inaction and that their negligence caused them harm. You must prove that the defendant owed you a duty of care, that they breached their duty, that you suffered losses due to the accident, and that the defendant’s breach of duty caused the accident and your losses.
When You Need a Construction Accident Attorney in New York, Turn to Dervishi Law Group, P.C.
There are many safety hazards on a construction site. If you’ve been injured in a construction site accident, call us today at 718-484-4757 or contact us online to schedule a consultation with a construction accident lawyer at one of our offices at Dervishi Law Group, P.C., in New York City or the Bronx.
For more information about construction accident injury claims and lawsuits, check out our answers to some frequently asked questions below.
What if workers’ comp denies my construction injury claim?
While workers’ compensation is a form of no-fault insurance coverage available for injured workers, they will perform an investigation to determine whether you contributed to your accident injuries and could deny your claim. Your construction accident attorney can present evidence before the workers’ compensation board in adjudication to appeal a denial.
Can I sue my employer for a construction site accident?
In most cases, you cannot sue your employer for construction accident injuries because workers’ compensation is a type of liability insurance against personal injury lawsuits by injured construction workers. Instead, you must file a claim with workers’ comp. However, if a third party contributed to your accident, you may file a lawsuit against them.
How can a construction accident attorney help with an injury claim or lawsuit?
Your construction accident lawyer can take pictures of the accident scene, look for reports of defective equipment or insufficient maintenance, represent you during a claim denial from the workers’ compensation provider, and help with other key steps to maximize your compensation.