Construction sites are among the most hazardous workplaces in New York. Construction accidents can occur anywhere, with worker falls, mechanical equipment accidents, and material failures being particularly common causes. That's why understanding your legal rights and options and consulting with an experienced New York construction accident lawyer , becomes necessary for protecting your future.
In this blog post, we will discuss different types of construction accident lawsuits and explain the process of filing so you can move forward with confidence.
What Is a Construction Accident Lawsuit? A construction accident lawsuit is a personal injury lawsuit filed against the responsible party or responsible parties to recover compensation for injuries and losses sustained on a construction site. These lawsuits typically involve proving negligence or violations of safety regulations by one or more parties involved in the construction project. This could include the construction company, a subcontractor, the property owner, equipment manufacturers, or even the injured worker's employer. Multiple parties may share responsibility for an accident.
Recent data from the NYC Department of Buildings (as of January 31, 2024) reveals concerning statistics about construction-related accidents across the city. In January 2024 alone, there were 42 construction-related incidents resulting in 47 injuries. The majority of these incidents (64.29%) involved worker falls, highlighting the persistent danger of height-related accidents on construction sites.
Average Construction Accident Compensation in NYC In New York City, there is no single "average" construction accident compensation as the amount varies significantly depending on the severity of injuries, type of accident, and other factors, but generally, settlements can range from tens of thousands of dollars for minor injuries to hundreds of thousands or even millions for severe injuries like traumatic brain injuries.
The construction accident lawyers at Tomkiel & Tomkiel are dedicated to helping injured construction workers in New York. Here are some cases we are proud of:
We won a case worth $5.26 million for a client who suffered devastating injuries in a construction accident. We negotiated a $2.7 million settlement for a client who suffered a severe fall from a roof while working on a construction project. We obtained a $2 million settlement for a client injured due to a ladder malfunction at a construction site. We secured a $305,000 settlement for a laborer who suffered a lower back injury after being struck by a falling plank at a construction site. We obtained a $375,000 settlement for a laborer who sustained head and neck injuries after being struck by falling wood at a construction site. Compensation You May Recieve for Your Construction Accident Case As illustrated by the above cases, compensation amounts can vary substantially based on the specific circumstances of each accident. While workers' compensation insurance provides basic medical benefits and wage replacement, additional compensation may be available through a third-party lawsuit. The types of compensation typically available include:
Medical expenses: This includes past, present, and future medical bills.Lost wages: This covers lost income due to your injuries and diminished future earning potential.Pain and suffering: This compensates for physical and emotional distress.Rehabilitation costs: This includes costs for physical therapy and other rehabilitative services.Long-term disability: This addresses the long-term financial impact of permanent injuries.The legal team at Tomkiel & Tomkiel works diligently to help construction accident victims receive appropriate compensation for their injuries and losses, taking into account all aspects of their case circumstances.
Common Types of Construction Accidents in New York Many things can go wrong on a construction site. Some of the most common types of construction accidents that lead to construction accident lawsuits include:
Falls from heights remain the primary cause of construction accident injuries, often involving scaffolding, ladders, and unprotected edges. Struck-by incidents involving falling tools, materials, or equipment. Equipment malfunctions leading to crushing injuries or traumatic brain injury. Electrical accidents resulting in burns and other serious injuries. Trench collapses causing catastrophic injuries or fatalities. Construction accidents can change your life in an instant. If you've been hurt on the job, knowing how these accidents typically happen can help you protect your rights and get the compensation you need.
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Who Can I Sue for Damages in a Construction Accident Liability for your injuries after a construction accident in New York isn't always straightforward, and multiple parties may share responsibility. Here are some potential parties you could sue:
Your employer: In most cases, your employer is responsible for providing a safe working environment. However, under New York's workers' compensation laws, you typically cannot sue your employer directly for negligence. Instead, you would pursue workers' compensation benefits. However, there might be exceptions depending on the circumstances of your accident and whether a third party was also at fault.General contractor: The general contractor overseeing the entire construction project has a duty to ensure the job site is safe. They can be held responsible if their negligence or failure to implement proper safety measures led to your accident.Subcontractors: Subcontractors are responsible for the safety of their own workers and their work area. If a subcontractor's negligence caused your accident, they could be held liable for your injuries.Property owner: The owner of the property where the accident occurred has a responsibility to maintain a safe environment for workers on the site. They may be held liable if they failed to address hazardous conditions.Equipment manufacturers: If your accident was caused by faulty equipment, the manufacturer could be held responsible. This often involves proving a design or manufacturing defect.Other workers: In some cases, the negligence of a fellow worker could have caused your accident. While this situation is less common and more complex, it is still a possibility depending on the specific circumstances.If your injuries were caused by the negligence of someone other than your employer (e.g., a subcontractor, equipment manufacturer, or property owner), you may be able to file a third-party lawsuit to seek additional compensation. This third-party claim is separate from your workers' compensation claim.
How to File a Construction Accident Lawsuit: Step-by-Step The legal process following a construction accident involves several key steps:
Initial Case Evaluation This stage involves a thorough review of police and fire reports, medical records, witness statements, photos and videos of the accident scene, and expert witness reports on accident reconstruction and injury analysis.
Investigation and Evidence Gathering This step includes documenting the accident scene, collecting medical treatment records, identifying all potentially responsible parties, and reviewing relevant construction project documentation.
Filing the Lawsuit Once the investigation is complete, the lawsuit is formally filed with the appropriate court. This involves submitting necessary documentation, establishing liability for the accident, and identifying all parties who may be held responsible.
Settlement Negotiations Following the filing of the lawsuit, the legal team will engage in settlement negotiations with the responsible parties. This involves calculating fair compensation for the injured worker, including medical expenses, lost wages, and pain and suffering, while negotiating with all involved parties to reach an agreement.
Trial Process (If Necessary) If a settlement cannot be reached, the case will proceed to trial. During the trial process, evidence will be presented, witnesses will be examined, and a jury will ultimately determine liability and the amount of damages awarded to the injured worker.
Time Limits for Filing a Construction Accident Lawsuit in New York In New York, you have three years from the date of your construction accident to file a lawsuit. This time limit, known as the statute of limitations, is strictly enforced by courts. However, there are important exceptions and considerations to keep in mind:
Workers' compensation claims must be reported to your employer within 30 days of the accident and filed within two years. If your accident involved a government entity (like a city construction project), you must file a Notice of Claim within 90 days and begin your lawsuit within one year and 90 days. In cases involving wrongful death, families have two years from the date of death to file a lawsuit. Missing these deadlines can permanently bar you from seeking compensation for your injuries.
Why Should You Hire a Construction Accident Attorney? Navigating a construction accident case requires in-depth knowledge of New York's complex legal landscape, including workers' compensation laws and third-party claims. Here's why you need a lawyer who focuses on these types of cases:
Deep understanding of construction regulations Experience with similar construction injury cases Connections with industry professionals Strong negotiation capabilities History of securing fair settlements Successfully navigating a construction accident lawsuit requires a thorough understanding of the law, a detailed investigation, and proven litigation skills.
Win with Tomkiel & Tomkiel! Don’t Hesitate to Call. Construction accident lawsuits help injured workers secure the financial compensation they deserve while holding responsible parties accountable. Understanding your legal rights and options is essential for protecting your future after a construction accident.
Take the first step toward protecting your rights — schedule your free consultation with Tomkiel & Tomkiel 's construction accident attorneys. Contact us today!
