Construction sites are inherently dangerous environments. Falls from heights, collapsing scaffolding, falling objects, and heavy machinery accidents can lead to devastating construction accident injuries. It’s no surprise that the construction industry consistently experiences the highest number of workplace fatalities every year. You know what we're talking about if you’ve ever worked on a construction site. It’s a dangerous place.
If you or a loved one has been injured, talking to our experienced construction accident lawyers is the surest way to get the most money possible for your injuries. In this guide, we will discuss how to file a construction accident lawsuit in New York, who you can sue, and common reasons a claim may be rejected.
Who Can Be Sued After a Construction Accident? Determining who is legally responsible for your injuries is a crucial first step in filing a construction accident lawsuit . Multiple parties may be liable, depending on the circumstances. These may include:
General contractor: The general contractor oversees the entire project and is responsible for worker safety.Subcontractors: Subcontractors hired by the general contractor to perform specific tasks also share responsibility for safety. Depending on the case, electrical subs, plumbing subs, sheetrock subs, architects, and engineers can all be held accountable.Property owners: The owner of the property where the accident occurred may be held liable if they knew about or should have known about hazardous conditions and failed to address them.Construction company: The company employing the injured worker is responsible for ensuring a safe working environment.Equipment manufacturers: If a defective piece of equipment caused the accident, the manufacturer may be held responsible for your injuries.How to Pursue a Construction Accident Claim in New York Filing a construction accident claim involves several key steps:
Seek Immediate Medical Attention Obtain immediate medical attention to address your injuries and create a record of your medical condition. Thoroughly document your medical bills and treatment. Delays in medical care can weaken your claim and complicate recovery.
Report the Accident Immediately report the accident to your supervisor and comply with your employer's accident reporting procedures. Obtain a copy of the accident report for your records. If your supervisor refuses to make a report, keep a written record of the time you tried to report the accident and, if possible, get the names and contact information of anyone present.
Gather Evidence If safe, preserve the accident scene by taking photos and videos. Gather witness statements from anyone who saw the accident. Obtain medical records documenting your injuries and treatment. Capture images of any hazardous conditions, equipment malfunctions, or safety violations. If possible, keep any damaged clothing or equipment.
Investigate Document all events leading up to the accident and thoroughly write down a record of the accident. Write down a detailed account of what happened, including the time, location, and specific circumstances. Such records will reconstruct the accident and identify liable parties.
Consult with an Attorney Contact an experienced construction accident attorney like those at Tomkiel & Tomkiel. We'll assess your case and advise you on the best legal course of action. It is important to avoid talking to the insurance company before contacting a lawyer.
File a Workers' Compensation Claim In New York, injured workers are entitled to workers' compensation benefits for work-related injuries, regardless of fault. File this claim as soon as possible. In New York State, you must notify your employer of a work-related injury within 30 days and file a workers' compensation claim (Form C-3) with the Workers' Compensation Board within two years of the injury or when you knew or should have known it was work-related. Workers' compensation provides benefits for medical expenses and lost wages, and it's essential to file correctly because errors in your application, such as inaccurate injury descriptions or incomplete paperwork, can lead to claim denials.
Don’t Lose Out on Thousands of Dollars. We’ll Fight to Get You Paid. Contact Tomkiel & Tomkiel to understand your legal options, build a strong case, and pursue the compensation you deserve.
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File a Third-Party Lawsuit (If Applicable) You may be able to file a third-party lawsuit against parties other than your employer, such as the general contractor, subcontractor, property owner, or equipment manufacturer. Your lawyer will determine if this is appropriate.
Settlement Negotiations Your attorney will negotiate with the responsible parties and their insurance companies to reach a fair settlement. If settlement negotiations fail, your case may proceed to trial.
Types of Damages You May Sue For In a successful construction accident lawsuit, you may be able to recover compensation for:
Medical expenses: Past, present, and future medical bills.Lost wages: Income lost due to your inability to work.Pain and suffering: Physical and emotional distress caused by your serious injuries. You CANNOT get these types of damages by filing just a workers’ comp claim. Pain and suffering damages are only won through a separate personal injury lawsuit. They include:Loss of enjoyment of life: Inability to participate in activities you enjoyed before the accident.Permanent disability: Long-term impairments or disabilities resulting from the accident, including traumatic brain injuries .Wrongful death (if applicable). Reasons Why a Construction Accident Claim May Be Rejected Insurance companies often look for reasons to deny or minimize construction accident lawsuits. They will try to pay you as little money as possible, or even no money at all, for your serious injuries. Your claim could be rejected if:
You failed to report the accident to your supervisor. You didn't seek immediate medical attention. You didn't follow your doctor's prescribed treatment plan. You failed to cooperate with the insurance company's investigation. There is insufficient evidence to prove negligence. You violated safety regulations and contributed to the accident. Statute of Limitations for New York Construction Accident Lawsuits In New York State, there is a timeline for when a personal injury lawsuit has to be filed. It’s called the statute of limitations (SOL). The SOL for filing a third-party personal injury lawsuit in New York is generally three years from the date the accident occurred. However, this can vary depending on the specific circumstances, such as the identity of the responsible parties accountable (for example, in cases involving government entities) and the type of injury.
Tomkiel & Tomkiel: We Don’t Shy Away from the Tough Cases Filing a construction accident lawsuit in New York requires a thorough understanding of specific legal steps and procedures. Ensuring you have the necessary documentation and comprehend your rights is vital for a successful claim.
Our Tomkiel & Tomkiel team of lawyers has decades of proven experience successfully litigating personal injury claims and representing injured construction workers in New York. We understand the challenges you face, and we're dedicated to helping you build a strong construction accident case. Contact us today for a free consultation.
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