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  • Writer's pictureAlex Maltese

How to File a Lawsuit for Construction Accident in New York City in Six Steps

Construction workers work in some of the most hazardous conditions found in any New York City working environment. There is a long list of situations that can lead to a serious construction site accident.

As such, construction accident lawsuits are very common in Long Island, NYC. Unlike any other personal injury lawsuit, when dealing with construction site cases, the stakes can be much higher due to the severity of the injuries workers can suffer.

That is why victims need to have a competent attorney on their side when they are filing a lawsuit against their employer or a workers' compensation claim against the insurance company.

The Law Office of Carl Maltese is ready to represent any injured construction worker seeking fair compensation for their injuries. They can also consult on how to file a lawsuit for pedestrian accident in New York.

Common Causes of Construction Accidents in New York City

Common Causes of Construction Accidents in New York City

New York is an ever-growing metropolitan that, at any given time, has many large-scale construction projects happening in different parts of the city.

As such, serious construction injuries are common, and can be caused by a wide range of situations, including the following:

  • Ladder and scaffolding accidents

  • Cement burn

  • Falls from roofs

  • Welding injuries

  • Falls through holes in construction floors

  • Fires and explosions

  • Falling tools or building materials

  • Electrical shock

  • Slippery surfaces and tripping hazards

  • Hoist and elevator accidents

  • Trench collapse and cave-ins

  • Vehicle accidents (on-site or between sites)

  • Building collapse

  • Heavy equipment accidents

  • Nail guns, saws, and power tools

  • Crane accidents

These types of construction accidents can lead to a variety of injuries, such as:

  • Burn injuries

  • Paralysis

  • Electrocution

  • Soft tissue injuries

  • Back and neck injuries

  • Crushing injuries and amputations

  • Broken bones or fractures

  • Cuts and lacerations

  • Loss of hearing or vision

  • Internal bleeding and organ failure

  • Repetitive motion injuries

  • Spinal cord injuries and herniated discs

  • Traumatic brain injuries (TBIs) and whiplash

  • Wrongful death

Typical Damages in Construction Accident Lawsuits

When seeking workers' compensation benefits or suing property owners for construction accident injuries, one of the main things victims want to know is the type of damages they can receive.

In most cases, the property owner, insurance company, or other parties liable for the accident will be expected to compensate the victims for:

  • Medical treatment

  • Lost wages

  • Property damage

  • Permanent disability

  • Reduced earning capacity

  • Pain and suffering

  • Mental anguish

  • Loss of companionship in the case of a wrongful death lawsuit

Who Is Liable in a Construction Accident Lawsuit?

Determining the liable parties in a construction accident lawsuit is not always easy because of the many different people who may deserve a share of the blame.

It takes an experienced construction accident attorney to piece together the incidents that led to the accident and determine which member of the construction industry to hold liable.

In most cases, construction accident victims can file their worker's compensation claim against their company for employer negligence.

This is usually the best course of action when submitting construction accident claims.

However, a construction site injury lawsuit can also be filed for a third party's negligence in certain situations. While an employer is usually exempt from any personal injury lawsuit, third-party claims are allowed.

As such, the following third parties can be held liable in a New York City construction accident lawsuit:

  • Property owners

  • Retailers and wholesalers

  • General construction contractors

  • Defective equipment manufacturers

  • Subcontractors

  • Prime contractors

  • Engineers

  • Construction job site owners

  • Architects

How to File a Lawsuit for Construction Accident in New York

If construction workers want the best chance of walking away with maximum compensation for their construction accident lawsuit or workers' compensation claim, they need to take the following essential steps:

Step 1: Seek Medical Attention

The first duty of injured construction workers is to safeguard themselves by seeking medical attention as soon as possible.

Once they have received the required treatment, they can then start to think of ways to file a construction accident lawsuit against the at-fault party.

Step 2: Gather Evidence

When going against determined insurance companies, construction accident lawyers will need all the help they can get in the form of strong evidence against the negligent third party. This means the victim must present their construction accident lawyer with the following:

  • Medical records

  • Receipts of medical bills

  • Pictures of the construction accident scene

  • Statements from eyewitnesses

Step 3: Hire an Experienced Attorney

A good construction accident attorney can be the key to winning an otherwise complicated workers' compensation claim or personal injury lawsuit.

Victims must take time to research all the reliable law firms in their area with track records of being awarded maximum compensation in construction accidents. After selecting the best option, they can go for a free consultation to discuss how best to recover damages.

Step 4: File a Construction Accident Lawsuit

Once a reliable construction accident lawyer has been hired, injured workers can file a construction accident claim against the negligent parties. The NYC construction accident attorney can then take them through the discovery and inspection process according to New York labor laws.

Step 5: Seek Compensation

Rather than go straight to trial, the responsible parties may be willing to make an out-of-court settlement offer for the work-related injury. If the victim and their attorney feel that the amount is sufficient to cover current and future medical expenses as well as the rest of the damages suffered, the case can be put to rest.

Step 6: Go to Trial

Not all worker's compensation and New York City (NYC) construction accident lawsuits can be handled amicably. Sometimes, it is necessary for the victim's law firm to take legal action by bringing the liable party before a New York court to seek compensation.

In such cases, the Long Island construction accident attorneys will have to fight tooth and nail to make sure the victims get the compensation or workers' comp benefits they deserve.

The Law Office of Carl Maltese - Top Rated Construction Accident Attorneys in New York City

The Law Office of Carl Maltese - Top Rated Construction Accident Attorneys in New York City

When injured in a construction site, a worker has the right to sue his or her employer or any liable third party for damages they have suffered.

Winning such a case is not easy without the help of a top-tier personal injury law firm. The Law Office of Carl Maltese has been fighting for the rights of Long Island workers for many years and is ready to help.


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