Construction work is one of the most hazardous occupations in the United States. Every year, hundreds of employees are injured or killed in construction accidents, with construction workers accounting for one in every five workplace fatalities in the United States. Construction businesses regularly fail to provide safety engineers and fail to execute crucial safety measures for safer working conditions, resulting in these accidents.
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Construction site accidents are not confined to construction employees, given the enormous number of construction projects that take place in urban areas. Construction accidents can cause serious injuries to pedestrians, cyclists, and automobiles.
When construction accidents happen in New York City, accident victims may assume that workers’ compensation is their only choice. While workers’ compensation is important, you and your family may be able to hold someone else responsible for your injuries by filing a third-party claim.
Injured construction employees are entitled to compensation regardless of the cause or extent of their injuries. A construction accident lawyer will aggressively prosecute these personal injury and/or workers’ compensation claims to ensure that affected workers are compensated for any losses incurred as a result of their workplace injuries.
Benefits for Construction Accident Injuries in the U.S.
You may be eligible to bring one or more of the following legal claims if you were injured on a building site:
Claims for Workers’ Compensation – In most jurisdictions, the Workers Compensation Act prohibits an injured employee from suing his employer for work-related injuries. This is because employees are covered by the employer’s insurance company’s workers’ compensation insurance. Employees can receive these benefits even if they are hurt as a result of their own negligence; all they have to do is establish that the injury occurred.
Workers’ compensation benefits, which include weekly payouts and money for medical expenses, may be available to injured employees. Weekly benefits are calculated as a proportion of the worker’s weekly earnings and are determined by the degree of the disability. The overall amount of compensation paid can be affected by a temporary whole disability or a permanent partial disability status.
Unfortunately, workers’ compensation will limit the amount of money you can collect for medical expenditures, lost wages, and disability. These rewards are frequently insufficient to compensate for the physical and mental pain and suffering caused by a construction injury on the job.
Furthermore, medical bill reimbursements are limited to treatments that are deemed necessary and related to the specific occupational injury. As a result, injured workers may investigate alternative legal options in order to obtain the benefits and compensation they deserve.
Third-Party Liability – When an injury happens on a construction project site, a third party, such as a property owner or a product manufacturer, may be held accountable for negligence.
New York City has enacted legislation that imposes accountability on those in charge of building site safety. Workers’ compensation kicks in to give benefits because you lose your right to sue your employer for damages if you are injured on the job. In a personal injury case, other parties who are not your employer are nonetheless liable for damages.
Wrongful Death Claims – If a third party causes the death of an employee via either action or failure to act (neglect), the victim’s family or estate may file a civil action to recover damages on the victim’s behalf.
Accidents on Construction Sites: Third-Party Liability
In certain cases, you may be able to sue a third party for injuries sustained on the job. If needed safety precautions were not provided on a construction project, property owners, architects, contractors, and equipment manufacturers might all be held accountable for accidents.
General contractors and subcontractors are responsible for ensuring that a construction site is reasonably safe by providing suitable safety features. A construction worker may be able to file a claim for negligence for his or her injuries if they neglect to do so.
Construction equipment manufacturers are responsible for designing and maintaining safe goods. The risk of damage or death is considerably increased if suitable safety procedures are not used in the manufacturing of this equipment. When an accident occurs as a result of a flaw in one of their products, construction equipment manufacturers may be held accountable.
The sorts of compensation available in a possible construction accident claim can be influenced by proving the cause of your injury. To find out if third-party liability applies to your case, contact an expert construction injury lawyer now.
When should I hire a lawyer for a construction accident?
You should contact a construction accident lawyer as soon as possible following an accident at a working site or an injury sustained on the job for which you were not at fault and for which you have suffered injuries or losses.
In addition to workers’ compensation, you may be due reimbursement for those damages from the at-fault parties, and you may have a cause of action for a workplace accident litigation claim.
After being involved in a workplace accident, dealing with insurance company representatives, OSHA representatives, your employer, and other entities or parties who may be negligent or liable can be extremely stressful, especially if you or a family member is recovering from injuries sustained in the accident or dealing with the potential wrongful death of a family member or loved one.
This is why, whether you’ve been in a construction accident in Chicago, Illinois, NYC, or elsewhere in the United States, you should seek legal advice from a construction accident lawyer in Chicago and the surrounding area as soon as possible.
Furthermore, the longer it takes to investigate an occurrence, the more probable evidence may be built over, washed away, removed, or destroyed, or people’s recollections would fade, making eyewitnesses less trustworthy.
Working with a construction accident lawyer as soon as possible will help you avoid issues and guarantee that you receive the compensation you are owed from any culpable parties, their insurance carriers, and any other parties involved in your case.
What is the cost of a construction accident lawsuit?
Construction site accidents can be worth hundreds of thousands or even millions of dollars, according to accessible reports and other public statistics.
Keep in mind that the amount depends on the circumstances and specifics of each instance.
Before calculating the value of your construction accident claim, speak with a personal injury attorney that specializes in these types of situations.
A plaintiff in a construction accident lawsuit in Illinois can seek compensation for a variety of losses, including but not limited to…
Hospital visits, doctor’s appointments, physical therapy, ambulance expenses, and other related charges for medical care required to recuperate from construction accident injuries are included in current and future medical costs. This can cover future medical bills as well, which is especially true in the event of catastrophic injuries like amputation, paralysis, or other lasting disfigurements.
The costs of mental care for post-traumatic stress disorder or similar conditions that were caused by the workplace accident, including the costs of pain and suffering or emotional distress and anguish that result from the construction accident, including the costs of mental care for post-traumatic stress disorder or similar conditions that were caused by the workplace accident
Lost income as a result of missing work due to construction accident injuries, which can be one of the most financially damaging parts of being engaged in a workplace accident.
Future income loss as a result of occupational injuries, such as deformity, limb loss, paralysis, or other physical or mental handicap that occurred as a direct result of the car accident.
Contact a workplace accident lawyer as soon as possible if you or a loved one was injured in a construction accident of any kind and believe you have a personal injury case and are awarded damages.
Construction-related fatalities and wrongful deaths
You may have grounds or a cause of action for a wrongful death lawsuit if a loved one died in a construction accident.
While no amount of money or financial recovery will ever be enough to make up for your loss, you do have a legal claim to compensation.
Working with a wrongful death attorney that has handled cases against construction companies, contractors, builders, and other similar businesses can help you collect fees for medical bills, lost income, loss of companionship, and pain and suffering.
A construction accident lawyer’s job is to navigate the complexities of workplace accident and workers’ compensation claims and wrongful death lawsuits, ensuring that the appropriate at-fault parties and their insurance companies pay the full settlement or damages owed, so contact your personal injury attorneys if you believe you may have a workplace accident wrongful death case.
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What should I do if I’m involved in a construction accident case?
Avoiding direct contact or outright accusations against any party or their insurance provider, their associates, OSHA, or anyone else involved in the incident is one of the most important aspects of successfully navigating the complicated legal system during a construction accident claim or any other case.
Request your medical records as well as OSHA records before filing a workplace accident claim.
To analyze the documents, investigate the claims, and seek advice on your prospective cause of action, the suitable jurisdiction to file a lawsuit in, the party or parties at fault, and other issues, you’ll need to talk with an expert personal injury lawyer.
During a construction accident lawsuit, you should only communicate with the defendants or potential defendants through your attorney.
Is it possible to get compensation if you were partially to blame for a construction accident?
In a personal injury lawsuit, comparative fault—also known as shared responsibility—can affect your ability to receive financial compensation. On the other hand, workers’ compensation is a no-fault system. That implies you can get workers’ compensation benefits even if you were entirely to blame for a construction mishap.
The only conditions under which your workers’ compensation payments may be jeopardized are if:
You were abusing substances such as drugs or alcohol.
You were the one who created the accident on purpose.
Multiple parties may be found liable in a case. It’s possible that the responsible party will try to place the responsibility on you. Even if you were partially at fault, you still have a right to compensation. If you were partly to blame, NYC law simply limits your eligible compensation.
How Much Time Do I Have to File a Personal Injury Claim?
It all depends on how you want to go about getting compensated.
Compensation for Employees: Within 30 days of your construction site accident, you must report your employer. After that, you’ll only have a certain length of time to file a claim for benefits.
Suit for Personal Injury: The statute of limitations for bodily harm claims in New York is three years.
If you wait too long to assert your legal rights, you will lose your right to get the compensation you deserve.
Can I sue my employer if I’m injured on a construction site in New York?
It is debatable. After an accident, all construction employees are eligible for workers’ compensation benefits. When you submit a workers’ compensation claim, you usually give up your ability to sue your employer for personal injury. However, if you were injured as a result of improper working conditions or dangerous equipment, you may still be able to sue someone else.
Best Construction Accident Lawyers & Attorneys in the United States
Darger Errante Yavitz & Blau
Darger Errante Yavitz & Blau, a two-thirds women-owned business, has been recognized Best Boutique Litigation Firm in the United States by Forbes magazine, New York magazine, U.S. News & World Report for Best Law Firms/Best Lawyers, and Super Lawyers magazine. They work with Fortune 500 organizations across a range of industries, including automotive, construction, electrical, energy, consumer, pharmaceutical, and safety equipment. Their lawyers have a national reputation for defending and managing complicated mass tort claims, product liability litigation, and business disputes on behalf of large corporations, small enterprises, and individuals.
Motley Rice LLC
Motley Rice LLC is one of the largest plaintiffs’ law firms in the country. They are proud to offer a breadth and depth of complex litigation, trial and resolution involvement and experience in a variety of areas, including: Anti-Terrorism, Antitrust, Asbestos Exposure, Aviation, Consumer Fraud Protection, Human Rights, Medical Devices, Medical Drugs, Nursing, Home Abuse and Neglect, Personal Injury and Wrongful Death, Public Client, Securities Class Actions, Toxic Exposure, Transportation, Whistleblower, and others.
Angiuli & Gentile, LLP
Angiuli & Gentile, LLP is a full-service law company that serves clients in a variety of fields. Their attorneys have been assisting Staten Island residents with their most difficult legal issues, like workers’ compensation claims, family law issues, and personal injury claims, for more than three decades. The strength of a law firm is determined by its lawyers and support employees. Angiuli & Gentile, LLP, has been assisting residents of Staten Island with a variety of legal issues for more than 30 years. You can have complete faith in their ability to address your difficulties because of their expertise and knowledge in such a wide range of professional areas.
Lozner & Mastropietro
Lozner & Mastropietro is one of the most prestigious personal injury law companies in New York City. Their tenacious and hardworking Brooklyn personal injury and malpractice attorneys consistently fight for their clients to get the highest compensation allowed by law. Their attorneys have collected millions of dollars for wounded clients through negotiated personal injury settlements and trial verdicts since their firm’s establishment in 1996. They aggressively and professionally pursue the highest legal recovery possible in each case. Please contact them to schedule a free consultation if you are interested in speaking with one of their personal injury attorneys. Their office is in the historic Lundy’s Building in Brooklyn’s Sheepshead Bay district.
Belushin Law Firm P.C.
Vel Belushin, a New York City personal injury veteran, formed Belushin Law Firm P. C. with the primary goal of assisting New Yorkers who have been wounded in some type of accident. Belushin is dedicated to safeguarding his clients’ rights and ensuring that they are adequately paid for their injuries, damages, or the wrongful loss of a loved one caused by the negligence of others, with the help of his dedicated team of professionals. Belushin believes that victims of vehicle accidents, workplace injuries, medical malpractice, and/or negligence should be reimbursed by the person(s) or corporate entity(s) whose negligence caused their injuries. To discuss your issue, call us 24 hours a day, 7 days a week.
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