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
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
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
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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