Liability, Claims & Compensation in a Construction Injury Accident
Construction workers injured at a job site are almost always entitled to workers’ compensation benefits to compensate them for medical expenses and lost wages. Filing a claim usually prohibits a worker from filing a lawsuit against his or her employer.
But what happens when a worker’s employer is not responsible for the injuries or not the only one responsible? Can a third-party claim be filed in addition to a workers’ compensation claim?
Contact The Law Offices of Elan Wurtzel by calling (516) 822-7866 today.
In some cases yes. Here’s what you need to know.
Liability in Construction Site Injuries
There are several potential parties who can be liable for a construction site accident, including the owner of the site, the general contractor, a sub-contractor, a manufacturer of faulty equipment, architects, engineers, or anyone else who can be proven negligent.
One of the most important questions used to determine liability is “how much control did the site owner, contractor, etc. have regarding the environment?”
According to OSHA, general and sub-contractors are required to maintain safe working environments and provide warnings concerning any potential hazards. General and sub-contractors must also make sure work follows all safety regulations.
The most common safety violations on construction sites cited by OSHA following inspections in 2017 included:
- Fall Protection
- Fall Protection Training
- Eye and Face Protection
- Hazard Communication
- Head Protection
- Aerial Lifts
- General Safety and Health Provisions
- Fall Protection – Systems Criteria and Practices
Recognizing that the construction industry is hazardous and can result in serious injuries, New York has long-standing statutes that protect injured workers where there’s been a failure to provide safety devices in work situations related to injuries caused by height elevations/falls. These situations include falling off a roof, scaffolding or a ladder. These laws impose strict liability upon owners, general contractor and other who have a measure of control over the work site and are intended to ensure that workers are provided with safe work conditions.
Filing a Claim against a Liable Party
If you believe an owner, general or sub-contractor or anyone else involved in a project is liable for your injuries, you might have the option of filing a liability claim to recover compensation. This is a claim above and beyond, or in place of, any workers’ compensation claims filed.
Common third-party claims include:
- Construction injury: If you can show a third party was negligent and failed to provide for a basically safe work environment, you could be entitled to compensation.
- Product liability: If you’re able to show your injuries were caused by a defective or mislabeled product, you could be eligible for compensation through a product liability lawsuit.
- Fatal injury and wrongful death: If negligence or gross misconduct causes the death of a construction worker while on the job, his or her family can recover compensation through a wrongful death claim.
Compensation for Construction Injury Accidents
Compensation for a construction site accident can vary a great deal. In addition to compensation for medical bills, it might also be possible to recover money for pain and suffering, lost wages, emotional trauma, and punitive damages.
The compensation you receive for a construction injury accident might not restore your health or life to normal, but it can help you deal with the aftermath. The best thing you can do if you are injured on a construction site in New York is contact an experience personal injury attorney. The Law Offices of Elan Wurtzel we provide legal representation. Consult with us today CALL (516) 822-7866