Construction workers usually work in challenging conditions on construction sites that often are dangerous. This is why it is no wonder that construction companies comprise among the top five dangerous industries to work at with ever-increasing injury rates. If you have been engaged yourself in an accident at the construction site, you probably have lots of medical issues. In the middle of these complexities, you may be wondering if you need a construction accident lawyer?
Well, it depends on your condition and situation. However, construction accidents are generally exhausting and difficult to navigate unless you hire a construction accident lawyer. To clear up the confusion, there is a lot of research that we have already done for you. Here’s how you can evaluate your thoughts about hiring a construction accident lawyer.
When there’s a need to hire a construction accident lawyer?
Because of the high risk of casualties attached to the construction site, the industry is especially monitored by the state and federal safety regulations. Despite numerous standards being set for safety, multiple parties involved in the construction business fail to protect their laborers from injuries and accidents.
Basically, the equipment manufacturer, site owner, and general and sub-contractors can be involved in a case of a construction accident. However, they all work hard to prevent any liability that they may have come across when a worker is injured.
It’s clearly visible how it is impossible to fight for your rights if your injury involves the big fish of the industry. As an injured and financially broken person, how would you be able to fight your case? Plus, without legal knowledge, it will be even more challenging for you to have your rights concealed. This is why hiring a construction accident lawyer is always recommended who will determine the liabilities of each party and lead your case in a legal process.
Some common causes of construction accidents
Despite implementing Occupational Safety and Health Administration (OSHA) inspection and requirements, construction sites were cited as the three most occurring safety violations in 2019. Violating the OSHA’s requirements and failure to comply with them often result in hazardous outcomes which otherwise could be prevented.
Causes of accidents that commonly occur at the construction sites include;
- Falls from ladder
- Scaffolding accidents
- Falls from elevators
- Inadequate training
- Electric accidents
- Improper tool usage
- Slips and falls
- Crane accidents
- Collapsed structures
- Struck by debris or falling objects
- Welding accidents
- Compressed gas
- Exposure to toxic and harmful materials and chemicals
- Machine mishandling
When the safety guidelines are ignored, the chances of any of these accidents can be dramatically increased.
Can you receive monetary compensation against construction accidents?
Many times it has been seen that the legislations for construction workers are inclined mostly in the favor of construction workers. If your injuries occurred in NYC, the laws provide two ways for which you can apply for financial compensation for your lost wages and medical bills – which contain filing a Personal injury lawsuit or filing a worker’s compensation lawsuit.
Most of the time, these are the only two ways for which the injured worker’s family can be compensated. If you are injured on the construction site, do contact a construction accident lawyer before the state set duration for filing the complaint passes.
Personal injury lawsuit and Workers compensation
Once you decide to have the financial compensation, you don’t need to sue your employer. In New York, the law does not allow you to sue your employer. Instead, they provide two options to be compensated for your damages – filing a lawsuit against the negligent party or a worker’s compensation filing. In many cases, construction accident lawyers wanted to go for both options to elevate the chances of getting compensated. However, it is important to note here that once you receive worker’s compensation it does not disqualify an injured worker from filing or pursuing a personal injury lawsuit.
How to file a worker’s compensation after a construction accident
A worker’s compensation is a type of insurance for a worker that every employer in the construction company needs to carry. A worker’s compensation is required to protect the worker and the employer both. Here are some essential things that you need to know about worker’s compensation;
- Through compensation, you can collect the compensation for your lost wages and the medical costs you bore.
- There’s no need to prove anything that shows your wrong executions you’re your employer. Compensation can be paid out whether the violation of safety occurred or not.
- Through worker’s compensation, you can continue your job after recovering. It does not put your job in danger. However, it protects the employer from legal obligations.
- Employers are generally not allowed to challenge the worker’s compensation claim.
- There’s no need to go the extra mile for compensation. All the workers are eligible to get worker’s compensation.
This is why once a construction accident happens, the first move should be filing for the worker’s compensation. By this, you will be compensated whether you have strong grounds for filing a personal injury lawsuit or not.
How to file a Personal injury lawsuit after a construction accident
Construction accidents usually don’t happen unless there’s a violation of safety guidelines. Accidents can occur anytime from not being given a proper tool for handling a machine or safety ladder to the scaffold harness with frayed ropes. In addition, they can also occur if the workers are forced to work in unmonitored and unsafe conditions.
When injuries occur due to any of these kinds of conditions, pursuing a lawsuit is appropriate while holding a third party liable. This is because;
- Filing for worker’s compensation only cannot bring the compensation for your pain and suffering. To have compensation of this kind, you should go for a lawsuit.
- Through worker’s compensation, you hardly get 100% of your medical costs and lost wages. A personal injury lawsuit ensures that you get what you have asked for.
- If a third party would not be held liable for construction accidents, they will not take measures to comply with the safety guidelines.
Whom you can hold liable for a construction accident?
Under the New York labor law section 200, employers cannot be held liable for construction site accidents. However, you can file a lawsuit against any involved third party. They can be;
- General contractors
- Site owner
- Equipment manufacturers, wholesalers, retailers
- Prime contractors
How can a construction accident lawyer help you recover your damages?
Undoubtedly, the injuries you receive from a construction accident are not just limited to injuries. They can easily lead to financial, physical, and emotional consequences for not only the construction site workers but for their families as well. For this, it is hard to evaluate your compensation amount to be asked from the third party through a personal injury lawsuit.
By hiring a construction accident lawyer, you can be compensated for;
- Loss of wages
- Pain and suffering
- Physical therapy
- Reduction in future earning
- Counseling and therapy treatment
- Recovery Expenses
- Loss of consortium for the surviving family left behind
All in all, it is necessary to have legal representation for your case in order to have maximum compensation against your loss. No matter if you are;
- Tin Knocker
- Mason Tender
- Shop stewards
- Laborers, etc.
Legal representation is essential for anyone injured at the construction site.
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