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I Was Injured On A Construction Site And I Do Not Know Who Is At-Fault

Posted by Greenberg And Stein Legal Team on Oct 27, 2022

co-workers assisting with first-aid to a teammate that got hurt — Workplace Injure Claim I **Greenberg & Stein P.C.**

If you’ve been injured on a construction site, an attorney can certainly help you determine whether or not you can sue to recover for any injuries that you sustained. You should obviously make sure that you see a doctor to determine how serious your injuries are before you call a lawyer. But once a doctor has told you that your injuries are severe and you may miss time from work, or you may have medical bills. If you call a lawyer they will help you navigate those issues. Who’s going to pay your bills, who’s going to pay our lost wages, how you’re going to recover from this injury financially, in order that your family doesn’t suffer any more than they have to.

How to Determine Liability in a Construction Site Accident

After a construction site accident, you must notify your employer and inform them that you have been injured. You can file a workers’ compensation claim regardless of who was at fault to be reimbursed for your medical expenses and partially compensated for your lost wages.

Workers’ compensation laws in New York do not allow employees to sue their employers unless the employer intentionally injures them. If your injuries were caused by an accident, you must file a workers’ compensation claim. However, it is possible that your injuries were caused by a third party. Even if you are receiving workers’ compensation benefits, it is not illegal in New York to sue the third party.

Depending on the specifics of your construction site accident, there are several parties that could be held liable. An experienced construction accident attorney can determine if a third party was responsible for your injuries after reviewing your case. Here are some third parties that can be held liable for a construction accident:

Property owners

Property owners and managers must ensure that their properties are safe for all visitors, including tenants, workers, contractors, and customers. If a worker performing a repair or job on a property is injured as a result of hazardous conditions, the property owners may be held liable. Wet floors and icy surfaces are two of the most common causes of slip and fall accidents. Other common causes of premise liability cases include poor illumination and tripping hazards.

Contractors or employees of a different company

It is fairly common to find more than one company working on larger construction sites. If you are injured as a result of another company’s employee’s negligence, you may be able to sue that business.

Product manufacturers

If a worker is injured due the malfunction of a piece of machinery or a tool. It is possible to file a product liability claim.

Architects and engineers

If the architects and engineers in charge of creating construction plans create plans that are incorrect or faulty, and a worker is injured as a result of following those plans, they may be sued.

Evidence that can be used in New York Construction Accident Lawsuits

In a personal injury lawsuit, the plaintiff must demonstrate that the defendant was negligent and their actions (or inaction) caused an accident. To be able to convince the jury, the plaintiff must have solid evidence. Photos, videos, security camera footage, witness statements, medical reports and other forms of evidence have to be shown in court. Sometimes, obtaining the evidence is not easy. Therefore, working with an attorney is important. Attorneys can help you find the evidence you need to build a solid evidence-based case, even if you are recovering from your injuries.

5 Common Construction Site Dangers

Despite the best efforts of most property owners and contractors to ensure that working conditions at a construction site are as safe as possible, accidents do happen. Construction is the most dangerous industry in the United States. This could be due to the wide range of hazards present on construction sites. These are some of the most common construction site dangers:

Falling accidents

Falling from a ladder or scaffolding can have disastrous consequences. High-rise buildings and skyscrapers are common in New York City. Most workers in these types of buildings must use ladders and scaffolding to reach certain areas.

Falling objects

Objects falling from above are a common cause of accidents on construction sites due to the extensive use of ladders and scaffolds. Even small objects can cause serious injuries if dropped from a great height.

Electrocution

Every building requires electricity. Electrocution can injure people other than electricians. Most construction workers must use electricity-powered machinery and tools. Faulty electric connections and exposed cables can electrocute construction workers. Electrocution can result in severe burns or even death.

Not using safety gear

When working on a construction site, it is critical to wear safety equipment (helmet, boots, gloves, reflective vests, etc.). Unfortunately, many accidents occur because some workers choose not to wear the proper safety gear.

Hearing damage

Construction sites can be extremely noisy. Working for long periods of time in noisy environments can cause hearing damage. The damage is sometimes reversible, but in more severe cases, the hearing loss can be permanent.

man using a pneumatic drill over a wall — Got Hurt At Work? I Get Help Here

Important Actions to Take Following an Accident on a Construction Site

After a construction site accident, you may not know what to do. However, there are some crucial steps that you need to follow to protect your rights.

Get medical assistance

Even if you feel well, after a construction accident you need to go see a doctor. Some injuries are not easily detectable. A doctor may spot them before they get worse.

Notify your employer about the accident

Make sure to notify your immediate supervisor or employer of the accident. It is even better if you can notify them in writing. It is always a good idea to leave a paper trail.

Gather evidence

Take photos and videos of the accident scene. Try to get as much evidence as possible right after the accident. If there are any witnesses, you can try getting their contact information. That way your lawyer can reach out to them and get a statement from them.

File a workers’ compensation claim

If you are hurt at work, you are entitled to workers’ compensation benefits. Make sure to file a claim as soon as feasible in order to begin receiving benefits as soon as possible.

Seek professional legal advice

Working with a lawyer is always beneficial. They will not only review your case and ensure that you receive the compensation you are entitled to. They can also assist you in gathering the necessary evidence, negotiating with insurance companies, and acting on your behalf as needed.

NYC Construction Accident Attorney

If you have recently been involved in a construction accident, you may be going through some hardships caused by your injuries and lost wages. Suffering an injury at work can be very problematic and getting the compensation you deserve is sometimes hard. Greenberg & Stein P.C. is a law firm that can help you with your case.

We have attorneys specialized in construction accident cases that are ready to fight for your rights. We will ensure that you get the compensation you deserve. Our lawyers will help you navigate the process of filing a claim, gathering evidence, negotiating with insurance companies and representing you in court, if necessary. Contact us at 888-716-3843 to schedule a free consultation to review your case.