Construction sites are some of the most hazardous workplaces, with heavy machinery, unstable structures, and dangerous materials creating constant risks for workers. When an accident occurs, the injuries can be severe, leading to high medical costs, lost wages, and long-term recovery challenges. Navigating a construction accident case can be complex, especially when dealing with insurance companies, workers’ compensation, and potential lawsuits. Understanding the legal process, hiring a New York City, NY construction accident lawyer, and knowing what steps to take can help injured workers secure the compensation they need. The Eskesen Law Firm has assisted many people with their construction accidents and works on a contingency fee basis, which means we only take payment from you if we win your case. Continue reading to learn more about construction accidents and when you may want to go to court.
Understanding Liability In A Construction Accident
One of the first steps in a construction accident case is determining who is responsible for the injuries. Construction sites involve multiple parties, including employers, contractors, property owners, equipment manufacturers, and third-party vendors. Depending on the circumstances of the accident, one or more of these parties may be held liable.
Employers are generally covered under workers’ compensation, which means injured employees may not be able to sue them directly. However, if an employer fails to provide a safe work environment or violates safety regulations, legal action outside of workers’ compensation may be an option.
If a third party, such as a subcontractor, equipment supplier, or another company working on the site, contributed to the accident, a separate personal injury claim may be filed against them. Construction equipment manufacturers may also be liable if defective machinery or tools played a role in the injury.
Filing A Workers’ Compensation Claim
Most construction accident cases start with filing a workers’ compensation claim. This system is designed to provide injured workers with medical benefits and partial wage replacement without requiring proof of fault. To file a claim, the worker must:
- Report the injury to their employer as soon as possible
- Seek medical treatment from an approved healthcare provider
- Follow all treatment recommendations and keep records of medical expenses
- Submit the necessary paperwork to the employer’s workers’ compensation insurance
Workers’ compensation may cover medical bills, rehabilitation, and a portion of lost wages, but it does not provide compensation for pain and suffering. If a claim is denied or benefits are unfairly reduced, an appeal may be necessary.
When To Consider A Third-Party Lawsuit
While workers’ compensation limits an injured worker’s ability to sue their employer, third-party lawsuits allow for additional compensation when another party’s negligence caused the accident. Unlike workers’ compensation claims, a personal injury lawsuit can include damages for pain and suffering, full lost wages, and long-term disability.
Common third-party claims in construction accidents include:
- A subcontractor or another company failing to follow safety procedures
- Defective tools or machinery causing an accident
- Property owners failing to maintain safe conditions on-site
- Negligent drivers causing accidents near or within the construction zone
Determining whether a third-party lawsuit is an option requires an investigation into the accident, which is where legal guidance becomes critical.
Gathering Evidence To Strengthen A Case
Building a strong construction accident case requires proper documentation and evidence. Injured workers should:
- Obtain copies of accident reports filed with the employer or OSHA
- Keep medical records detailing the extent of the injuries and treatment received
- Take photos of the accident scene, including hazards, equipment, and injuries
- Collect witness statements from coworkers or others who saw the accident occur
A legal professional can also work with safety experts and investigators to determine whether OSHA violations, equipment malfunctions, or unsafe working conditions played a role in the injury. Understanding some of the most common causes of construction accidents can be crucial in knowing whether you want to pursue a case.
Dealing With Insurance Companies
Insurance companies representing employers and third parties often try to minimize payouts by disputing claims, arguing that the injury was not work-related, or offering low settlements. Speaking with an insurance adjuster without legal representation can be risky, as statements made early on may be used to reduce compensation.
A lawyer can handle all communication with insurance companies, ensuring that the injured worker is not pressured into accepting an unfair settlement. Negotiating for maximum compensation requires experience with both workers’ compensation laws and personal injury litigation, making legal assistance invaluable.
Fighting For Full Compensation
In a construction accident case, compensation may include:
- Medical expenses for emergency care, surgeries, rehabilitation, and ongoing treatment
- Lost wages, including future earnings if the injury results in long-term disability
- Pain and suffering, accounting for physical pain and emotional distress
- Loss of quality of life if the injury prevents the worker from returning to their previous lifestyle
- Vocational rehabilitation if the worker must train for a new career due to their injuries
A personal injury lawsuit allows for full financial recovery beyond what workers’ compensation provides, making it a critical option for severely injured workers.
Protecting Your Rights After A Construction Accident
Navigating a construction accident case requires careful legal strategy, from filing a workers’ compensation claim to pursuing additional compensation through a third-party lawsuit. Understanding employer liability, gathering evidence, and dealing with insurance companies are all key steps in securing fair compensation. Seeking legal guidance early in the process ensures that injured workers receive the full financial support they need to recover and move forward with their lives. The Eskesen Law Firm tries to settle cases without the need to go to trial, but would be ready to pursue issues in court if necessary. Do not hesitate to reach out to see how we can help you.
