Managing Partner
Burns are among the most common types of injuries that take place on construction sites. If you’re the victim of a burn accident, you could be facing significant medical bills, lost income, and a painful recovery. Claiming compensation will require that you prove fault.
One of the best ways to do so is to understand why these injuries occur. It starts with retaining a New York construction accident attorney who knows how to hold the responsible parties liable for your losses. Dell & Dean PLLC is ready to assist you.
Why Do Construction Site Burns Happen?
Construction worksites are dangerous places, and there are unfortunately many ways that workers can get hurt. These are some of the most common reasons that burns occur:
- Electrical burns: An electrical burn can happen due to live wires and defective construction equipment. Poor electrical work done on a structure can also cause injury to workers.
- Open flames: Direct contact with an open flame is a constant threat on many construction sites. For instance, welding flames can inflict serious harm if safety protocols are ignored.
- Thermal burns: A thermal burn results from contact with excessive heat. Two common examples on New York worksites are steam and hot asphalt.
- Chemical burns: Construction workers routinely handle caustic substances like solvents, industrial cleansers, and acids. The site may not be set up to properly treat one of these burns.
- Explosions: Some of the worst burns result from explosions, which can strike without warning. Combustible materials may ignite or workers can accidentally strike a gas line.
Third-Party Liability in Construction Site Burn Injuries
If you were hurt on a construction site, you may be able to file workers’ compensation with your employer. However, you may have a third-party claim against other individuals as well. This will allow you to recover damages that are not available with workers’ comp.
Potentially liable parties in New York include:
- The owner of the property where the injury took place
- The manufacturer of a defective piece of construction equipment
- A company responsible for servicing or repairing the equipment
- Construction contractors and subcontractors
Having an attorney can help you identify the individuals or entities who were responsible for your burn injury. A lawyer can also take the steps necessary to hold them liable.
Establishing Fault in a Construction Burn Case
To pursue a third-party claim, you will need to prove the four basic elements of a New York personal injury case. They are:
- Duty: The at-fault party must have owed a duty of care to the victim. For instance, an equipment manufacturer has a responsibility to ensure its products are free of avoidable defects like faulty wiring that can cause burns.
- Breach: A breach occurs when the at-fault party negligently violates the duty of care. Using the example of construction site equipment, the manufacturer may have breached this duty in the way it assembled the product.
- Causation: Next, the victim has to prove that the breach directly caused their injury. If an intervening party did something such as modify the construction equipment, then the manufacturer might not be liable.
- Damages: Lastly, the victim is responsible for proving the nature and amount of their legal damages. These include medical bills, lost wages, pain and suffering, and more.
You will need compelling evidence to prove each of these elements and refute any arguments the at-fault party may raise. The evidence may include:
- Photographs and videos of the accident scene, the cause (e.g. faulty equipment), and your burn injury
- Workplace accident reports and OSHA investigations
- Eyewitness statements from other construction site workers and bystanders
- Expert witness reports concerning the cause of the burn and its impact on you
- Medical records detailing the nature of your burn injury and likely future treatments you will need
Your New York construction injury attorney will investigate how the burn happened and who was responsible. Your lawyer will then gather the evidence that proves your case and the amount of your losses. Finally, your attorney will seek to settle your claim with the at-fault party’s insurers or, if necessary, take the case to court.
Learn More About Your Legal Options After a Burn Injury
If you sustained a burn injury on a construction site, you do have options for recovering the compensation you need to move forward. Talk to the attorneys of Dell & Dean PLLC. Call or complete our online contact form to schedule your initial consultation now.
