Many New York construction workers are exposed to all kinds of risks while on the job. However, they do this knowingly because they trust their contractor and the worksite’s safety. But what happens when unexpected workplace accidents occur that could have otherwise been prevented? Is workers’ compensation enough to mitigate all the injuries and other losses involved?
According to an NYC Construction Accident Lawyer, workers can receive compensation beyond their workers’ compensation claim for construction site injuries based on the circumstances of their case. Here is what you should know.
Construction Site Injury Liability
New York’s no-fault system allows workers to deal with their medical bills and lost income after workplace injuries. However, these benefits aren’t always enough. If you determine that one or more parties share liability for your construction accident injuries, you could initiate a third-party injury claim.
By doing so, you can receive more compensation for your losses, including pain and suffering, which aren’t covered by workers’ compensation. When the workplace accident scene is investigated, you will also help your colleagues avoid working in dangerous conditions and prevent them from facing similar injuries.
In construction site accidents, if more than one party is responsible for your injuries, you will most likely receive your compensation faster as the responsible parties can share the settlement. To establish fault, you should contact a construction accident lawyer.
These lawyers will build your case, conduct an investigation, work with other experts to prove fault, talk to eyewitnesses, get statements, and negotiate your compensation claim to the highest amount possible.
Establishing fault usually involves proving that another party had a duty of care to you, breached that duty, and you suffered injuries because of that breach. For example, a contractor must ensure that safety regulations are met during construction. If they fail to do so, and you suffer injuries at work, then the contractor is liable for your injuries.
Potential Liable Parties In Construction Accidents
There are many potentially liable parties in construction accidents. Some of them include the following:
- Contractors and subcontractors
Contractors and subcontractors need to enforce safety regulations and follow proper procedures for injury prevention. If they fail to do so, they can be named as a liable party in your lawsuit.
- Property owners
Property owners must disclose any hazardous conditions on the construction site. They could be held liable if their negligence led to a worker’s injury.
- Equipment providers
Products that are defective, poorly designed or do not have proper warnings or instructions can lead to severe construction accidents. The equipment or material manufacturers can be held liable in such cases.
Coworkers or other employees can be negligent, leading to construction site injuries. You can file a personal injury lawsuit against them as well.
- At-fault drivers
Many construction workers rely on vehicle transportation to get to their job or run errands for their employers. However, you can still file a personal injury lawsuit against an at-fault driver even if workers’ compensation benefits cover you.