Construction sites are some of the most dangerous workplaces, with heavy machinery, hazardous materials, and high-risk tasks leading to serious injuries. When an accident occurs, workers are often left facing medical bills, lost wages, and long-term recovery challenges. In many cases, an injured worker may need to take legal action with the assistance of a skilled New York City, NY construction accident lawyer against their employer to secure the compensation they deserve. Understanding how to proceed with a case against an employer can help ensure that workers protect their rights and financial future. The Eskesen Law Firm offers free case evaluations and can help. Continue reading to learn more about construction accident cases.
Determining If An Employer Can Be Held Liable
Many construction accident cases fall under workers’ compensation, which typically prevents workers from suing their employers directly. Workers’ compensation provides benefits regardless of fault, covering medical expenses and lost wages, but it does not allow for pain and suffering damages.
However, there are situations where an employer may be held directly responsible. These include:
- Employer Negligence – If an employer knowingly created or ignored unsafe working conditions, they may be held liable. This includes failure to provide proper safety equipment, ignoring OSHA regulations, or failing to train workers properly.
- Intentional Misconduct – If an employer’s actions go beyond negligence and involve willful harm or recklessness, legal action outside of workers’ compensation may be possible.
- Lack Of Workers’ Compensation Coverage – If an employer does not carry required workers’ compensation insurance, an injured worker may file a personal injury lawsuit instead.
Identifying whether an employer can be sued directly requires a careful review of the accident, workplace conditions, and legal options.
Filing A Workers’ Compensation Claim
For most injured construction workers, the first step is filing a workers’ compensation claim. This process involves reporting the injury to the employer as soon as possible, seeking medical treatment, and submitting a formal claim. Workers’ compensation typically covers medical bills, partial lost wages, and rehabilitation costs. However, it does not provide full wage replacement or compensation for pain and suffering.
Employers and insurance companies sometimes deny claims or delay benefits, making it important to have legal guidance to ensure fair treatment. If a claim is wrongfully denied, an appeal may be necessary.
Exploring A Third-Party Lawsuit
In some cases, the employer may not be the only party responsible for the accident. A third-party lawsuit may be an option if another company or individual played a role in causing the injury. Common third-party claims in construction accidents include:
- Equipment Manufacturers – If defective machinery, tools, or safety equipment contributed to the injury, the manufacturer may be held liable.
- Property Owners – If an accident occurred due to unsafe property conditions, the property owner may be responsible.
- Subcontractors Or Other Companies – If another company on-site acted negligently, they could be liable for damages.
Unlike workers’ compensation, third-party lawsuits allow for full compensation, including pain and suffering damages.
Gathering Evidence To Strengthen A Case
To prove an employer’s negligence or secure maximum compensation, gathering strong evidence is crucial. This may include accident reports, safety inspection records, witness statements, medical records, and photos or videos of the hazardous conditions. An attorney can also work with safety experts to demonstrate how the employer failed to maintain a safe work environment. Knowing what common causes of construction accidents are can be beneficial in strengthening your case for your lawyer as well.
Understanding Retaliation Laws
Some workers fear that taking legal action against an employer will result in retaliation, such as being fired or demoted. However, retaliation for filing a workers’ compensation claim or reporting unsafe conditions is illegal. If an employer takes adverse action, legal steps can be taken to hold them accountable.
Seeking Legal Help After A Construction Accident
Navigating a legal case against an employer can be complicated, especially when dealing with serious injuries and financial stress. Seeking legal representation ensures that all options are explored, whether through workers’ compensation, a lawsuit, or a third-party claim. A legal professional from The Eskesen Law Firm can help at any time, as our firm is available 24/7 an can handle negotiations, gather evidence, and fight for the full compensation an injured worker deserves.
After a construction accident, taking action quickly is critical. Filing deadlines for workers’ compensation claims and lawsuits vary by state, and waiting too long could result in losing the right to seek compensation. Consulting with an attorney as soon as possible can make a significant difference in securing a successful outcome.
