Construction Accident FAQs
- I’ve been injured on my construction job. Can I sue my employer?
- What if my employer isn’t the only one at fault for my injury?
- What are some of the causes of construction accidents?
- What persons, businesses or entities may be responsible for my accident?
- Why would I file a lawsuit if I qualify for, or am already collecting, workers’ compensation?
- I was hurt in a construction accident and I can’t work. I’m not sure who or what was to blame. How will I pay my bills and support myself or my family?
- If someone is tragically killed in a construction accident, does their family need to contact a separate wrongful death attorney to sue for their death?
- How do I choose the best lawyer for my case?
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I’ve been injured on my construction job. Can I sue my employer?
New York State law prohibits employees from suing their employers for injuries sustained in a construction accident, with a few exceptions. When a construction accident is the fault of an employer, an injured worker is entitled to workers’ compensation benefits. If someone other than the employer is also at fault for your injuries, such as the owner of the property, the landlord, the managing agent, the superintendent, the general contractor, the subcontractor, or anyone else other than your employer, you may be able to file a lawsuit to recover additional money. In addition to workers’ compensation benefits, you can receive money for your pain and suffering and economic loss, your lost wages, your loss of pension or annuity, your loss of vacation funds, your loss of Social Security income, and your loss of household help.
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What if my employer isn’t the only one at fault for my injury?
Most workplace injuries on construction sites are caused by factors other than the employer. Often the action is the fault of the owner of the property, the landlord, the managing agent, the superintendent, the general contractor or the subcontractor. For instance, construction accidents occur as a result of:
- A fall from any height;
- A fall from a scaffold;
- A fall from a roof;
- A fall from a ladder;
- Falling objects or debris;
- Failure to provide safety equipment;
- A poorly maintained construction site and faulty equipment.
These accidents usually are the fault of a third party, not the employer. We can file a lawsuit against those parties to collect money that cannot be recovered under workers’ compensation. Those additional funds can include money for your pain and suffering and economic loss, your lost wages, your loss of annuity, loss of pension, your loss of vacation funds, your loss of Social Security income, loss of health insurance, your loss of household help and other damages.
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What are some of the causes of construction accidents?
Construction accidents can be caused by numerous factors including:
- Falls from any height;
- Falls from roofs;
- Falls from ladders;
- Falls from scaffolds;
- Falling debris;
- Falling objects;
- Trips and/or slips and falls;
- Failure to provide safety equipment;
- Scaffolding accidents;
- Crane and hoist accidents;
- Collisions with equipment;
- Lift equipment failure;
- Trench collapse;
- Explosions;
- Electrical accidents.
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What persons, businesses or entities may be responsible for my accident?
Depending upon the nature of your accident, third parties at fault for a construction accident may include:
- Property owners;
- General contractors
- Subcontractors;
- Landlords and managing agents;
- Building superintendents;
- Equipment manufacturers.
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Why would I file a lawsuit if I qualify for, or am already collecting, workers’ compensation?
The benefit to a third-party lawsuit is that an injured construction worker can collect money for damages that you can never collect through workers’ compensation including:
- Pain and suffering (both past and future);
- Lost wages not covered by workers’ compensation;
- Loss of annuity;
- Loss of pension;
- Loss of Social Security income;
- Loss of vacation funds;
- Medical expenses not covered by workers’ compensation or denied by workers’ compensation;
- Loss of consortium—spousal or parent-child relationships that have been negatively impacted by the injury;
- Loss of parental guidance;
- Loss of household help.
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I was hurt in a construction accident and I can’t work. I’m not sure who or what was to blame. How will I pay my bills and support myself or my family?
Construction accidents can be caused by many factors. An experienced construction accident attorney can review the facts of your accident, the injuries you sustained and determine the appropriate investigation to be conducted, experts that should be retained and how best to help you get benefits and money you deserve.
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If someone is tragically killed in a construction accident, does their family need to contact a separate wrongful death attorney to sue for their death?
Death and personal injury accidents are both types of construction site accidents. An attorney experienced in construction accident law should be well qualified to represent you in a wrongful death claim arising from a construction site accident and injury. The New York attorneys at Schwartzapfel Truhowsky Marcus P.C. have handled all kinds of construction accidents and many wrongful death cases.
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How do I choose the best construction accident lawyer for my case?
Construction accident lawyers are paid a percentage of the recovery, regardless of whether it is settled or goes to verdict. In New York State, the law regulates and limits attorneys’ fees to one-third of the net recovery—and even less in medical malpractice cases. It is important that you hire the most qualified, experienced and credentialed attorney. The client will be charged the same percentage whether they hire a new attorney, a general practitioner or one of New York’s top premier personal injury attorneys.
Beware of attorneys who offer to reduce, discount or cut their fee. The best attorneys—those that are most qualified, experienced and credentialed—are in demand and do not do cut their fees. Be careful of an attorney who is willing to charge less. They may not have the financial resources, the time or the money to prosecute your case. Instead, they may settle it for far less than you should get.
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Be certain that your lawyer has experience handling cases like yours, that the attorneys have proven track records—and the staff and financial resources to not only take on the biggest and most powerful defendants and insurance companies, but win!
Ask your personal injury lawyer if they have any testimonials from other clients who are similarly injured, attesting to how the lawyer changed their life, made a difficult situation easier, and protected them and their families’ financial future. We have bound leather volumes of heartfelt testimonials in our reception area for your review.
If you have other questions about your construction accident claim, contact the New York lawyers of Schwartzapfel Truhowsky Marcus P.C. With more than 150 years of combined experience, our attorneys are well-prepared to handle all your legal needs. Call us at 1.800.966.4999 or fill out our online contact form for a free case evaluation. We will fight for you!
