If you were injured on a construction site, exploring all liable parties is important for maximizing your potential payout. You generally cannot hold an employer liable for workplace injuries; instead, you would seek workers’ compensation through them. But, depending on the circumstances, an injured construction worker may pursue a claim against a responsible third party
Who can be held responsible for NYC construction accidents? Consult a Queens, NY, construction accident lawyer for personalized guidance regarding your case.
What Are Third-Party Personal Injury Claims?
The construction industry sees more fatal injuries than any other sector, accounting for approximately 1 in 5 fatal workplace injuries across the country, according to the Bureau of Labor Statistics. Fatal and non-fatal injuries arise in a range of scenarios. For example, OSHA reports that:
- As many as 31% of construction injuries are due to slips, trips, and falls.
- Approximately 51% of all construction workers have suffered overexposure to noise.
- As many as 174 construction injuries in 2020 were due to harmful chemicals.
Construction accidents are often complex and due to multiple hazards or unfortunate events working together to create a “perfect storm” that causes an injury.
Third-party personal injury claims may follow construction accidents in which a party other than the victim’s employer shared at least partial liability for the accident. While construction workers often seek funds through workers’ compensation claims, a third-party personal injury case could allow them to pursue additional compensation for lost wages, medical bills, and non-economic damages.
Potential Liable Parties in Construction Accidents
Determining whether you have a personal injury lawsuit after a construction accident requires you to break down how your accident happened and who may have been responsible. It might help to review potential liable parties in construction accidents. These include:
- Property owner: The property owner may be at least partially responsible if they failed to maintain their premises to reasonably safe standards. Hazards like exposed wiring, uneven flooring, or other maintenance concerns can easily lead to accidents and may fall under premises liability law, making the property owner liable.
- General contractor or subcontractor: Construction work often involves multiple contractors employed by different organizations. If you can prove that a contractor failed to follow safety protocols or otherwise caused your accident, you may have a third-party liability case against them.
- Equipment manufacturer: Construction also involves the use of equipment that can quickly turn dangerous in the event of a malfunction. If a malfunction led to your injury, you may be able to hold the manufacturer liable under product liability law.
- Architect or engineer: Architects and engineers can sometimes be held liable for construction site accidents due to negligent designs. For example, poorly designed structures that cannot bear the weight of construction workers can collapse and lead to serious injuries.
Generally, to hold a third party liable, you would need to prove that they owed you a duty of care and breached that duty to you, and that their breach caused an accident and your damages.
Holding a Third Party Strictly Liable Under Labor Law 240
When determining whether you have a third-party lawsuit, it’s also important to understand New York Labor Law 240. Also known as the Scaffold Law, this statute may impose liability on owners, contractors, and their agents for certain elevation-related risks where the failure to provide proper safety devices was a proximate cause of the worker’s injury.
If you suffered a fall-related injury, it’s worth exploring whether any protective measures were absent. If so, you may be able to hold the contractor or owner liable even if you contributed to your own accident. Speak with an NYC construction accident lawyer about whether your case may meet criteria under the Scaffold Law.
What Damages Can You Seek in a Third-Party Personal Injury Claim?
If you can hold a third party liable in your construction accident, you may be able to pursue both economic and non-economic damages from them beyond your workers’ compensation claim. Economic damages might include:
- Medical bills
- Lost wages
- Loss of future earning capacity
Non-economic damages account for the physical and emotional toll the accident has taken on you. These might include:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Mental anguish
Your construction accident lawyer in Queens can help you quantify non-economic damages and understand your overall case value.
Consult a Construction Accident Attorney in NYC
Understanding your legal rights after a construction accident is important to adequately seek any compensation owed to you by liable parties. But pinpointing liable third parties on your own can be challenging, let alone filing a claim against them.
Elliot Ifraimoff & Associates, PC, represents injured construction workers through the compensation process. Contact us today at 718-205-1010 for a free consultation with an NYC construction accident lawyer.
Frequently Asked Questions
How do you prove construction site subcontractor liability?
You may be able to prove construction site subcontractor liability through photos and videos of the hazard that caused your accident, witness testimonies, accident reports, and past OSHA violations. Look for evidence that shows that the subcontractor breached their duty of care to you.
What do you have to prove in equipment manufacturer negligence claims?
Equipment manufacturer negligence claims are a type of product liability claim. You would generally need to prove that a defect existed in the equipment, that the defect caused you harm, and that you were using the equipment as intended. You would also need to show that you incurred quantifiable losses in the accident, such as medical bills or lost wages.
Can you file for workers’ compensation and pursue a third-party liability claim?
You may be able to file for workers’ compensation and seek additional damages through a third-party liability claim. You generally cannot seek the same damages through multiple claims; for example, if workers’ compensation reimburses you for medical bills, you cannot seek reimbursement for those same bills through a liability claim. An NYC construction accident lawyer can help you understand the potential value of a third-party liability claim in addition to your existing workers’ compensation claim.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.