Construction accidents can quickly result in severe injuries with long-term consequences. Filing a construction injury lawsuit may be worth considering, depending on the details of your accident. But as you explore this process, understanding the deadlines that apply, the evidence you need, and the strategies that make for an effective case can help you make an informed decision.
An NYC construction accident lawyer can provide more personalized insight into each of these areas to help you understand your legal options. Seek assistance from a construction injury lawyer in NYC today.
Limitations on Construction Injury Lawsuits in New York
Before you begin exploring a construction injury lawsuit, understand whether you might be eligible to pursue legal action. In New York, employees are generally barred from suing their employers for injuries. If you were injured on the job, you would typically file a workers’ compensation claim, which protects employers against direct liability for accidents.
There are a few exceptions to this rule:
- Your employer intentionally caused your injury
- Your employer failed to provide workers’ compensation insurance
- A third party (not your employer) was responsible for the accident
In these cases, you may be eligible to pursue legal action. You might also consider a construction injury lawsuit if you were a pedestrian, not an employee, when the accident occurred.
A construction injury lawyer in Queens, NY, can help you better understand your lawsuit eligibility.
Deadlines To Remember for Construction Injury Lawsuits
Several deadlines apply to construction injury lawsuits that you need to be aware of when filing this type of case. Missing any deadlines could prevent you from seeking compensation.
The statutes of limitations for construction accident lawsuits vary depending on the type of case:
- Personal injury cases: Personal injury cases in New York generally follow a three-year statute of limitations. This deadline would apply if you were suing a third party responsible for the accident, not your employer.
- Wrongful death case: If you are pursuing a construction injury lawsuit on behalf of a person who died in the accident, a two-year statute of limitations would generally apply.
- Cases against the city or state: Legal cases involving the city or state have tighter deadlines. You would need to notify the relevant agency within 90 days of the accident and file a lawsuit within one year and 90 days.
- Workers’ compensation claims: If you plan to file a workers’ compensation claim, make sure you report the incident to your employer within 30 days.
An NYC construction accident lawyer can provide more specific guidance on the deadlines that apply to your case.
Evidence That Can Support Your Case
Collecting evidence to help establish negligence in your accident case is an important step in building a strong case. These are a few types of evidence that support construction accident claims:
- Photos of the accident: Any photos showing the hazard that caused your accident can help tie your injuries to the construction site and the defendant’s negligence.
- Security footage: If a security camera caught the accident on video, this can be incredibly helpful for proving your case.
- Witness statements: Any other workers or pedestrians who witnessed the accident can testify to the circumstances that caused the accident and help prove the defendant’s negligence or liability.
- Accident reports: If there is an official police report or accident report detailing what happened, this can also support your personal injury claim.
- Medical records: Medical records can show the severity of your injuries and help tie your medical condition to the accident.
- OSHA records: If previous OSHA records indicate violations or hazards on the construction site, this can show that the site was an unsafe environment.
Building a Strong Legal Strategy
Working with a personal injury attorney in New York can help you compile and organize evidence to build a robust legal strategy after a worksite accident. If you are pursuing a personal injury claim, your NYC construction accident lawyer will need to prove the following four criteria:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- An accident occurred due to the breach.
- You suffered injuries in the accident.
(If you are filing a workers’ compensation claim, you only need to show that the accident occurred while you were completing your job duties.)
The burden of proof in personal injury cases falls on the plaintiff, but this burden is much lower than in criminal cases. Your attorney’s role is to show that it is more likely than not that the defendant’s actions caused your injuries.
Your construction accident lawyer in Queens, NY, can use the available evidence to try to establish these elements and demonstrate liability in your case.
Consult a Construction Injury Lawyer in Queens, NY
Working with experienced legal representation can help you understand and protect your rights after a construction injury. If you are feeling overwhelmed by dealing with construction injuries and legal options, Elliot Ifraimoff & Associates, PC, can help.
Call us today at 718-205-1010 for a free case evaluation with our NYC construction accident lawyers.
Frequently Asked Questions
What are the most common causes of construction injuries in New York?
The most common cause of construction injuries in New York is falls from an elevation. This may happen when inadequate safety measures are in place on construction sites. OSHA’s “Fatal Four” lists the four leading causes of fatalities in the construction industry as falls, struck-by accidents, electrocutions, and caught-in or -between accidents.
How many fatal construction accidents happen each year?
Around 1,000 construction-related fatalities occur in the U.S. each year, though the exact number fluctuates. If a loved one passed away in a construction accident, talk to an NYC construction accident lawyer about pursuing a wrongful death claim.
Do all construction companies in New York have to offer workers’ compensation benefits?
The majority of construction companies in New York have to offer workers’ compensation benefits to their employees. The main exceptions are for independent contractors or sole owners of one- or two-person corporations.