Construction sites are inherently dangerous. That’s why employees on these sites are expected to wear high-visibility gear and safety equipment. These means protect them from harm. Site managers who do not provide this equipment or who let unprotected civilians wander onto construction sites can subsequently be held liable for their oversight.
Victims of construction accidents can also take action against offending site managers, employees, and even employment agencies if they suffer losses at a representative’s expense. You can discuss the nature of your most recent construction accident with a construction accident lawyer in Nassau County to learn more about your post-accident rights.
Construction Crews and Duty of Care
Construction crews in New York and beyond are required to fulfill a duty of care when working around civilians as well as one another. This duty of care requires all attending parties to behave reasonably when using dangerous equipment. It also requires site managers to provide protective gear to the members of their crew.
The violation of the aforementioned duty of care through deliberate negligence or recklessness on-site can see passers-by seriously injured. Similarly, a team’s employees can be seriously injured by horseplay.
It’s important to make a note of any negligence spotted prior to or after a construction accident takes place. This evidence can be brought forward in your motion to hold a particular party liable for your losses.
Deadlines for Personal Injury Cases in New York
It depends on the facts but some statutes of limitation time periods are as short as 90 days from the date your accident occurred so it’s important to consult with an attorney as soon as possible. However, with our knowledge attorneys by your side you can be sure that your case will be filed promptly and correctly.
Liability in Construction Accident Cases
Who, though, can you hold liable for a construction accident? Instinctively, you might want to put the blame on the team members who were present at the time your accident occurred. Unless these parties operate as full-time employees of a corporation or agency, this is, in fact, how many cases will work.
Independent contractors operating on construction sites must take responsibility for their own misconduct should an injured party choose to take them to court. All these parties may benefit from insurance provided by an agency or some other party, that cooperation is up to them and their employer.
If it appears that a member of a construction crew is liable for your losses, but that member works full-time for a corporation or similar institution, your case changes. Many times, corporations will stand in for full or part-time employees in legal matters. In these cases, you may find yourself taking a corporation to civil court.
Construction Site Injuries and Workplace Accidents
If you were working on a construction site and endured a workplace accident, you do not file a personal injury complaint right off the bat. Instead, provided that your employer has secured internal protections, you may have the right to file a workers’ compensation claim.
Workers’ compensation claims in New York allow you to recover the billable damages related to your accident. This can include the cost of your essential medical care and any wages lost in the wake of your recovery. You must inform a supervisor that you intend to file a workers’ compensation claim within 30 days of your accident.
After that, you have a limited amount of time to bring your workers’ compensation claim to the attention of the appropriate bodies in New York state. You can continue to work with a workers’ compensation attorney or construction accident lawyer throughout this process if the legalities pose a threat to your filing deadline.
Filing a Personal Injury Claim After a Workers’ Compensation Claim
Parties contending with injuries sustained on a worksite have the right to file a personal injury claim only if their workers’ compensation claim is denied. The good news, however, is that personal injury claims tend to secure victims more compensation than standard workers’ compensation claims.
Put another way, workers’ compensation claims allow victims to secure economic damages. Personal injury claims, comparatively, allow you to request both economic and non-economic damages based on the severity of your accident. You can work with a construction accident attorney to determine what the sum of these losses looks like in your case.
Construction Site Accident Settlement Offers
Whether you are an employee on a construction site or a bystander injured due to localized negligence, there’s a good chance that the supervisor in charge of the team may reach out to you with a settlement offer. Settlement offers allow you to take hold of the compensation you need to recover more quickly than traditional negotiations or civil trials.
However, most settlement offers are made with the assistance of an attorney. This means that the party allegedly liable for your losses will have done their research on the nature of your case. In turn, these parties can work with their insurance provider and legal representation to try and Supply you with only the minimum required compensation to meet your needs.
As such, victims of construction accidents are under no obligation to accept the first settlement offer made to them. Instead, you should calculate the value of your case alongside your own legal representation. If a settlement offer appears insufficient, you can negotiate for more comprehensive coverage or have your construction accident attorneys move your case to trial.
Calculating the Value of a Construction Accident Claim
When calculating the value of a construction accident claim filed as a personal injury claim, you have to consider your economic and non-economic expenses. Your economic expenses in the wake of a construction accident can range from at-home aid, hospitalization, and property damage.
Your non-economic damages are more fluid. These can include stress, PTSD, and, in tragic situations, wrongful death. Our team uses multipliers approved by the state of New York to stand in for the bills these losses do not generate.
Our Attorneys Can Help You Overcome Construction Accident Losses
Construction crews are required to make a concentrated effort to protect their employees and those parties around them from harm. Crews that fail to uphold the duty of care that the opposition parties are entitled to can subsequently be held liable for any injuries done unto those parties.
Should you or someone you know fall victim to a construction accident, know that you have legal recourse available to you. A Nassau County, NY, construction accident attorney can work with you to address your losses. Contact the Law Office of Cohen & Jaffe today at 516-358-6900 or by filling out our contact form to schedule your case consultation. Also, check out and subscribe to the Cohen & Jaffe YouTube Channel for more information about the legal process of getting you the compensation you deserve.
For a free legal consultation with a construction accidents lawyer serving Babylon, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.