Long Island Construction Accidents FAQs

First, get medical treatment, regardless of how minor your injuries seem. Next, report the accident as soon as you can to your employer or supervisor, and do so in writing to document it. Also take pictures of the accident scene, any defective equipment, and your injuries.

If there were any witnesses to the accident, get their names and contact information. Limit what you say and avoid comments like “I’m fine.” Lastly, and before speaking with any insurance companies or signing anything, speak with a Long Island construction accident lawyer.

Depending on the facts of your case, you may have both a workers’ compensation claim and a third-party personal injury case. A workers’ compensation claim would be filed with the New York Workers’ Compensation Board, while a personal injury lawsuit would be filed against a negligent third party.

In many cases, yes. Workers’ comp is a no-fault system that provides certain benefits to workers who are injured on the job, regardless of who caused the accident. In general, the construction worker must have been injured while performing work-related duties.

Since workers’ compensation is a no-fault system, you generally cannot sue your employer after an accident. But you can claim benefits like medical coverage and partial wage replacement. You can seek additional compensation by filing a third-party lawsuit.

In certain cases, non-employer parties like general contractors, subcontractors, property owners, and equipment manufacturers can bear liability for a construction worker’s injury. For example, a contractor may have disregarded OSHA construction site safety rules.

Unlike workers’ comp, third-party lawsuits are based on negligence. But a successful plaintiff can potentially win compensation that is not available with workers’ comp, such as full income replacement and non-economic damages like pain and suffering.

New York has special laws in place that protect construction workers. Evidence that the following laws were violated can greatly help your case for compensation:

• Scaffold Law: Protects workers who fall from scaffolding or other heightened positions. Property owners and contractors must provide suitable fall-prevention devices like scaffolding, ladders, and harnesses.
• Labor Law §241(6): Protects Long Island construction, excavation, and demolition workers by imposing worksite safety regulations contained in the Industrial Code.
• Labor Law §200: Imposes a general duty upon site owners and other parties to provide a reasonably safe workplace for all employees.

For workers’ compensation, injured construction workers should notify their employers within 30 days of the accident or occupational illness. They must also file a workers’ comp claim within two years of the date of the accident or the date they learned of having an occupational illness.

As for third-party personal injury lawsuits, the deadline is typically three years from the date of the construction accident. However, different deadlines can apply in certain circumstances, for instance if the at-fault party is the government. Talk to a lawyer early to preserve your rights.

This depends on various factors that are unique to each case, but potentially liable parties include general contractors, subcontractors, property owners, construction managers, equipment manufacturers, tool suppliers, and maintenance companies.

It’s important to accurately identify all parties who may be responsible for your injuries. For some victims, more than one party may be liable. This can increase the total amount of your compensation.

For a third-party personal injury claim, you can still possibly claim compensation. The total amount will be reduced by your percentage of fault. For example, if your liability is 20% and your damages are $100,000, they are lowered by 20% ($20,000) for a total of $80,000.

As for workers’ compensation, this coverage generally provides benefits regardless of fault. There are some limited situations in which the worker would be ineligible, for instance if they were injured solely due to being on drugs or intoxicated at work.

Any evidence relevant to the accident or your injuries could potentially be helpful. If you have something you think could be considered evidence, show it to your lawyer. Some possible examples may include:

• Medical records like doctors’ notes and bills
• Work records showing missed income
• Safety inspections
• Maintenance logs
• Pictures and videos of the accident scene
• Eyewitness statements
• Your own personal notes about the accident and your injuries
• Expert witness testimony

Your attorney can use the discovery process to obtain the evidence you need. This is the formal request and exchange of documents and information pertaining to the accident. Examples of discovery tools include depositions, requests for documents, and interrogatories.

They include falling objects, falls from scaffolds and ladders, electrocution, crane accidents, trench collapses, equipment malfunctions, machinery accidents, struck-by accidents, and slips and trips. Violations of safety regulations are often to blame for these and other accidents.

Your attorney should be well-versed in the type of accident in which you were involved. Be sure to relay all relevant information about the accident and your injuries to your lawyer.

You may have a product liability claim against the product manufacturer and others for defective design, manufacturing, or lack of appropriate warnings. If someone like a site supervisor removed a safety device from the machine, you may have a claim against them.

If your employer blames you for the accident, speak with an attorney. The employer’s conclusion about the accident is not necessarily the last word. Don’t sign any sort of waiver releasing the company from liability without talking to a lawyer first.

Some construction workers also face retaliation for filing workers’ comp claims or third-party lawsuits. Talk to an attorney if you are facing any sort of retaliation or threats.

Construction accident lawsuits often settle without the need for trial. One way this commonly occurs is through mediation. This is an out-of-court process by which a neutral third party mediator attempts to have the parties voluntarily settle their case.

If the insurance company refuses to offer you fair compensation or you are encountering other problems, a trial may be necessary. Your attorney should work to settle your case if possible but also be prepared to go to court.

Construction accident cases can be complex. Workers’ compensation, labor statutes, OSHA regulations, and medical evidence are typically involved. There may be questions of who should be held liable and what damages you deserve, including future damages.

An attorney can provide key assistance by investigating the accident, identifying the responsible parties, obtaining evidence, calculating the value of all of your damages, filing and serving a lawsuit, conducting discovery, representing you in mediation, taking your case to trial, and more.