Construction sites are dangerous places where workers are exposed to risks every day. When an employee is injured on the job, the question becomes, "Who pays for the damages?" This article will provide insight and help victims understand their rights and responsibilities.
Why Construction Accidents Often Have Devastating Consequences
It's no secret that construction sites are dangerous. There's heavy machinery, equipment, building materials, and lots of activity that contribute to the risks that workers are exposed to on site. To make matters worse, employees are often required to work at a height or face the risk of being hit by falling objects.
There are also a number of dangerous chemicals and materials, such as asbestos, on these sites, which can make it harder for workers to remain safe while at work. Moreover, these environments are often dynamic and constantly changing, which can create confusion and make it harder to keep everyone safe.
However, in many construction accident cases, negligence is to blame. Poor planning, insufficient personal protective equipment, and a lack of training can all lead to a construction site accident.
Understanding New York Law
Before discussing who is liable in such incidents, it might be a good idea to first understand the legal obligations that the law places on various parties. The following laws work to protect construction workers from harm:
NY Labor Law Section 200
This law describes the duty of care that employers, subcontractors, etc., have. According to this legislature, they have to ensure the health and safety of their workers. It stipulates that at construction sites, staff members must have access to machinery, equipment, and instruments that have been deemed safe to use.
NY Labor Law 240
According to these regulations, which are known as the "scaffold law," contractors and property owners are required to ensure that construction workers have access to the appropriate safety measures. This includes the following:
Pulleys,
Hoists,
Scaffolding,
Ladders,
Blocks,
Slings,
Irons,
Hangers,
Braces,
Stays,
Ropes, and more.
The purpose of this law is to protect people against gravity-related dangers and pertains to more than just scaffolds.
Two Ways to Obtain Compensation
When a construction worker is injured while on the job, there are two options available in most cases. They could choose to file a workers' comp. claim or take legal action against the party or parties at fault. The section below will explore these two options in greater detail.
Workers' Compensation Benefits
If a person is involved in an accident that was partly their fault, then they can file a claim for workers' comp. benefits. They can be awarded the following:
Medical expenses
Lost wages
Loss of use (in cases where there is permanent damage to certain parts of the body)
Death benefits (this can be claimed by surviving family members)
Suppose a worker is injured, but their employer has violated New York's labor law and does not have workers' compensation insurance. In that case, victims still have options. They can choose to file a claim with the New York Uninsured Employers Fund (UEF) or the project owner's insurance policy.
However, if third-party negligence is involved, the best course of action is to file a personal injury lawsuit.
Filing a Personal Injury Claim
Construction workers who are injured in an accident that was the result of someone else's wrongdoing or negligence can file a legal claim for compensation with the help of an experienced New York construction accident lawyer. Here are a few reasons why this is the preferable option:
Claim maximum compensation. While workers' compensation will cover a large portion of a victim's medical bills, it will not pay the full amount. By filing a personal injury lawsuit, injured workers can obtain economic damages for past and future expenses, as well as non-economic losses, such as pain and suffering.
Hold the at-fault party liable. Workers' compensation claims do not hold the at-fault party liable for the damages they cause, while personal injury lawsuits do. The company or person who was responsible for the accident may also face punitive damages, which are monetary consequences for their actions.
It's important to note here that employees are obligated to file a claim with the relevant insurance company to obtain New York workers' compensation benefits if their employer offers it. However, if their damages exceed the maximum thresholds, a personal injury lawsuit should be filed.
Who Pays for a Construction Accident in NY? | Parties That Can Be Held Liable
If a person decides to take legal action against the at-fault party, they will need to first establish liability. Construction site accidents are often complicated because there's a lot going on and multiple parties are involved. Identifying the liable person or company will require legal expertise.
The Law Office of Carl Maltese can help injured construction workers navigate the complex legal landscape and hold the correct party responsible for their actions. Here are some of the people or companies that might be at fault for a construction accident in a third-party liability claim:
Employers and Subcontractors
Employers and contractors may be held liable if an accident occurs if they fail to maintain safe working conditions. If the company in question did not use proper signage to warn workers of a potentially hazardous situation, for example, they may be held liable.
Property Owners
In some cases, a property owner may be at fault for failing to address a risky condition. Suppose a broken stair causes a worker to fall and get hurt. The owner of the property may be responsible for any resultant damages.
Manufacturers
When equipment failure leads to an injury, the product manufacturer could be at fault, according to product liability laws. Machinery, tools, safety gear, and other components must function as intended in order to prevent injuries.
Project Managers
Project managers are often responsible for enforcing safety protocols and ensuring that the working environment is free of hazards. If the person fails to do their job correctly, they can be responsible for fitting the bill if construction workers are injured.
Government Entities
In cases where the construction project is publicly funded or involves public property, the government entities responsible for overseeing the project and enforcing safety regulations may be held liable if their negligence contributes to the accident.
Other Construction Workers
As mentioned before, construction sites can be incredibly busy, and it's easy for workers to overlook someone or do something wrong. In such instances, the negligent worker or workers can be held liable if a fellow employee is hurt as a direct result of their actions.
Architects and Engineers
When poor planning leads to devastating injuries, the person or people responsible for making and approving those plans can be held responsible.
Multiple parties could be involved, so to ensure that all the relevant parties are included in their claim, victims should consult a reliable lawyer. They're also able to advise on who pays for a pedestrian accident in NY.
The Importance of Hiring a Reliable Construction Accident Attorney
The truth is that construction accident cases are often complex, involving a number of parties. An experienced lawyer can help victims navigate New York law and ensure that they obtain the maximum compensation for their injuries.
An advocate will not only ensure that their client's rights are protected, but they will also conduct their own investigation of the incident to uncover vital evidence to back up their claim. When it seems like everyone is against them, a personal injury lawyer will be on their side, fighting for justice.
However, it's important for claimants to remember that not all attorneys are the same. When finding a suitable legal representative, injured workers should take the following into consideration:
Experience. Ideally, victims should choose a lawyer who has been in the industry for a long time and has a long track record of successful cases. This will provide the assurance that they are working with a professional who knows what they are doing.
Compassion and empathy. Construction accidents are often devastating, leaving victims with permanent disabilities, serious injuries, and trauma. Having an advocate on their side who is compassionate can help to ease the burden.
Strong negotiation skills. In most cases, the best course of action is negotiating a settlement with the other parties. To do this, however, a lawyer must have excellent negotiation skills.
Great reputation. The attorney should also be known by others for providing dependable services. In order to assess an advocate's reputation, claimants should look at testimonials and reviews.
At The Law Office of Carl Maltese, these are some of the traits on which we pride ourselves. Injured parties can turn to us with the full assurance that we will provide expert guidance and representation. For more information, a construction accident attorney in Long Island may be able to help.
Victims Can Turn to Us for Expert Legal Representation in New York City
Construction accidents can be life-changing, resulting in permanent disability, high medical bills, and an inability to work. While claiming workers' compensation can help injured parties get access to compensation, it will not cover future costs, pain and suffering, and all expenses related to the incident.
With an experienced construction accident lawyer on their side, victims can ensure that they obtain the maximum compensation and hold the person or company at fault liable for their wrongdoing.
The Law Office of Carl Maltese is here to help. Our goal is to protect workers and ensure that they receive the justice they deserve!
Victims can contact us to schedule a FREE case evaluation.
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