Constructions workers are at a greater risk of work-related injury or death than employees in any other U.S. industry. Thousands of construction workers and day labourers are seriously injured or killed on the job each year. It’s important to hire a lawyer experienced with construction site injury cases.
Construction Accident Lawyer
Were you injured on a construction site?
Our attorneys are dedicated to helping you get the compensation that you deserve. We will fight for your rights and help you get the money that you need to recover. We’re not just about winning your case, we’re about making sure you get the most compensation available to you.
Benefits of Hiring a Local, Experienced Lawyer.
You don’t have to deal with pursuing the benefits or compensation that you deserve alone. The fact is, the most critical decision you’ll make following a construction accident is choosing an experienced lawyer.
Peace of Mind
You want someone who is knowledgeable about occupational injuries including construction site accidents in New York and will guide you through the process without making it seem like a daunting task. You want a lawyer who will fight for you until the end.
Liability When Injured At A Construction Site
Construction accidents can result from a variety of factors so it’s important to determine who or what was responsible for the injuries.
Construction Site Owners
The amount of control the owner has over the premises is what would be determined for them to be liable. The amount or kind of work conducted would not be a factor.
Contractors
Contractors have a duty to provide workers with a reasonably safe construction site and are to alert of any potential hazards on the construction site or within the job being performed. When an injury occurs, the failure of a contractor or subcontractor to perform these duties may allow an injured worker the opportunity to seek compensation for their losses.
Engineers and Architects
Architects and engineers have a duty to monitor progress and ensure the construction site is in compliance with local and federal regulations. To determine whether an architect or engineer may be liable for an injury, it would be necessary to know which duties the engineer or architects were responsible for before determining liability.
Product Liability
Sometimes your injury may be caused by a piece of equipment, but the injury wasn’t necessarily caused by the improper use of that equipment. Rather, the equipment or tool may have malfunctioned due to a faulty design or poor manufacture. In that situation, your claim would again be brought as a civil lawsuit, but one for “product liability.” The defendant in the lawsuit could be anyone from the designer of the tool to a supplier of parts used in the assembly of the equipment.
Types of Construction Accident Claims
Construction site injuries can vary widely from minor injury to catastrophic. The list below is some of the common causes of construction site injuries we often see.
Slip and falls
Crane or hoist accidents
Forklift accidents
Elevator shaft accidents
Machinery accidents
Struck-by accidents
Exposure to dangerous chemicals
Gas leaks, fires, and explosions
Electrocutions
Workers injured while working at a construction site may be allowed to sue the owner, its agents, and contractors for all damages sustained as a result of harm to the worker. Workers’ compensation laws may affect your financial recovery depending on your employment status and the degree to which your employer is found liable for your injuries.
Parties other than your employer (such as third-party contractors, property owners, or equipment manufacturers) may be legally responsible for your accident. Workers’ compensation laws will not affect your ability to recover from anyone at fault besides your employer. Injured workers are permitted to file lawsuits for construction site injuries in addition to receiving workers’ compensation benefits. You may claim compensation for past and future lost earnings, pain and suffering, past and future medical expenses, loss of benefits, and other types of damages.
Don’t wait to contact us. If you suffered an injury, and feel you have a claim for your injuries, contact us today to schedule a free consultation.
What’s The Process For Filing a Construction Accident Injury Lawsuit?
You may be wondering what your first step should be and what to expect from here on out. While every client and case is unique you can expect the following process to take place
Consultation
The process starts with consulting a lawyer. We provide this initial case review at no charge. During the consultation, we will discuss the details of your case, including the details of your accident and the extent of your injuries. It is encouraged for everybody to come prepared with any questions they may have. We will advise you on the best course of action if you have a case and describe the types of compensation that may be available to you. We work with clients on a contingency fee basis which means you only pay us if we win.
Submitting Court Documents
One of the first things done after being hired will be for us to file and serve a complaint and all other required documents. The party you sue will be listed as the defendant on the complaint. You will be listed as the plaintiff. The complaint will state the nature of your accident and injuries, the legal basis for holding the defendant liable, and the types of damages that you are seeking. The defendant will file an answer to the complaint.
Discovery
After both sides file and serve the initial documents, the parties will enter discovery. Discover is the process of exchanging evidence. During discovery, we will send a list of questions to the defendant. We can also submit a request for any documentation. Both sides may also take depositions, or sworn statements. Additionally, we may work with an accident reconstruction expert or medical experts. These experts can help us understand your case and provide reports. If your case goes to trial, one or more of these experts may testify on your behalf.
Pretrial Motions
Attorneys typically use pretrial motions to compel the other side to provide evidence. However, attorneys may also file motions that are aimed at resolving a case before it goes to trial. For instance, the defendant’s attorney may file a motion to dismiss all or part of a lawsuit based on a lack of evidence or jurisdiction. The plaintiff’s attorney, on the other hand, may file a motion for summary judgment. This motion would argue that the facts in the case are undisputed, and the judge should, in turn, grant immediate relief.
Negotiations and Settlement
The attorneys for both sides typically try to reach a settlement before a case goes to trial. Very few court cases end with a decision from the judge. Most court cases will end with a settlement that both parties agree to. If the parties reach a deal, a written settlement agreement states its terms.
A settlement has many advantages over going to trial:
You can resolve your dispute faster, especially in cases where you agree about most things
It’s probably going to cost you less, for example, in court fees or pay lost during time off work for court dates
It may be more confidential than a trial – the final judgment is a public record, but your settlement talks stay private
You will have more control over the outcome of your dispute and avoid the risk of a judge deciding against you
Avoiding a combative court process may be better for your relationship with the other party, especially if you have children together
If you both have agreed to the solution, you both are more likely to stick to it
Trial
If the parties fail to reach a settlement, a personal injury case will go to trial. Typically, the trial involves two stages. First, the jury decides if the defendant is liable. If so, the jury determines the number of damages. Most personal injury cases are resolved through settlements.
However, if a case goes to trial, it will benefit you to work with an experienced trial lawyer like Jay Wasserman.
Safety Violations in the Workplace
Employers are prohibited from retaliating against employees who identify safety violations in their workplace on the basis of a report.
If a worker is injured on the job, the worker may file a workers’ compensation claim. There is no requirement that the worker proves negligence to receive benefits through workers’ compensation. However, if a third party’s negligence or violation of safety rules was responsible for causing a worker injury, the worker may pursue a personal injury claim to obtain additional compensation not available through the workers’ compensation program. In an injury lawsuit, a violation of safety regulations could be used to prove the defendant should be held liable for losses.
Call Our Construction Accident Lawyers Today
If you or someone you love was injured in a construction accident or had a different occupational injury as the result of another person’s negligence, you could be entitled to receive damages if the third party falls outside of the workers’ compensation system