Construction Accident FAQ
Our New York Construction Accident Lawyers Answer Your Questions
Construction accidents unfortunately happen too often in New York, especially in New York City. When these accidents happen, victims and their families should stay informed of their rights and their options for recourse. Below, we have answered some of the most frequently asked questions about construction accidents. If you have further questions, we invite you to contact Mirman, Markovits & Landau, P.C. to discuss your case in detail with a New York City construction accident attorney. Your initial case review is free.
Who can I sue if I was injured at a construction site?
After a construction accident, your first priority should be to get medical care – but after that, you will be wondering who can be held responsible for your accident and who should pay your medical bills. Depending upon the circumstances of the accident, there are a number of parties who may potentially be liable, including contractors, subcontractors, negligent employees, property owners, or even the manufacturer of a defective piece of equipment. Because every case is different, you should consult an experienced construction accident lawyer who can thoroughly review your case and identify all liable parties.
Does workers’ compensation apply to construction accident cases?
In most cases, workers’ compensation will cover construction accident injuries. The workers’ compensation system allows injured workers to file a claim for their lost earnings and medical bills without having to prove someone was at fault for their accident. In New York State, a worker who gets workers’ compensation from his or her employer cannot sue the employer.
However, a worker can file a claim against a third-party—someone other than the employer—if that party was negligent in causing the accident. For example, if a worker is injured in an accident with a piece of equipment with a defective safety system, the worker may have a viable third-party claim against the manufacturer of the faulty equipment in addition to their workers’ comp claim.
Or, if a worker for a subcontractor is hurt on a construction site by a falling object, the worker may have a viable third-party claim against the general contractor and owner of the site, in addition to workers’ compensation. Your eligibility for this type of claim can be determined by a thorough investigation of your case by a qualified personal injury attorney.
Can I file a lawsuit if I am collecting workers’ compensation benefits?
As mentioned above, you may be eligible to collect further compensation outside of your workers’ compensation benefits if you have a valid claim against a third party.
While workers’ compensation may reimburse you for the costs of your medical bills and lost wages, it does not provide compensation for other significant damages such as the injury itself, pain and suffering, disfigurement, or emotional distress. A third-party claim may be the only way to become fully compensated for all of your losses.
What damages are recoverable in construction accident cases?
While this varies from case to case, construction accident victims are typically entitled to pursue compensation for all their injuries, limitations, pain, suffering, past and future medical bills, past and future income loss, and lost earning capacity.
In particularly egregious cases of negligence, punitive damages may also be available. If the worker is killed in the accident, his or her surviving family members may be eligible to file a wrongful death lawsuit seeking compensation on their loved one’s behalf, including reimbursement for any medical bills prior to the death, funeral and burial costs, loss of financial support, loss of companionship, and more.
How long do I have to file a claim after a construction site accident?
In New York, the statute of limitations for most personal injury cases is three years from the date of the injury. The exception is: If a City, State, Federal, or other government agency is involved, the time to file a claim and sue is extremely short.
This means that if you wait too long, you will lose your right to file a lawsuit and will not be able to recover any compensation. If you are wondering whether you really need an attorney or whether you can afford legal counsel, please contact us for a free, no-obligation case review. We would be happy to give you some guidance and discuss our contingency fee policy at absolutely no risk to you.
Can I sue if I was injured while visiting/walking past a construction site?
Yes. If you were injured as a pedestrian or authorized visitor to a construction site, you may have a personal injury claim if someone else’s negligence caused your injury. Consult a New York City construction accident lawyer regarding your options; if your injury was foreseeable and could have been prevented, you may be owed compensation.
Do I need an attorney after a construction accident?
Personal injury law, especially as it relates to construction accident cases, can be highly complex. If you’ve been injured, you need personal injury lawyers and who can help determine who was at fault for your accident. If you wait too long and the statute of limitations runs out, you will not be able to recover any damages you are rightfully owed. It is always wise to speak with a lawyer as soon as possible to learn what you are entitled to and so that you stand the best chance of recovering a fair amount of compensation to cover all of your losses.
Mirman, Markovits & Landau, P.C. represents clients in Brooklyn, the Bronx, Staten Island, Queens, Manhattan, and throughout the state of New York. Call today to learn more about how you can benefit from our representation.