Construction accidents and incidents are not uncommon in New York City. In fact, according to the Bureau of Labor Statistics, there were (22) fatal construction accidents in 2022 alone.
However, what if your employer is the gargantuan Tishman Construction Corporation? You might wonder, “Can I sue Tishman Construction Corporation for getting hurt?” Today, let’s break down the answer to this question and more. Alternatively, contact Schwartzapfel Lawyers today at 516-342-2200 or onlinefor a free case evaluation.
What Is The Tishman Construction Corporation?
Tishman Construction Corporation is over a century old, and it has been developing real estate for most of its lifespan. It’s primarily well-known for building the original World Trade Center as the project’s primary contractor.
With hundreds of different employees, both working for the primary company and for subsidiary organizations, it’s more than possible for a construction worker or pedestrian to be injured on one of Tishman’s various sites.
Can You Sue The Tishman Construction Corporation for Getting Hurt?
If you’re an employee of the Tishman Construction Corporation, you could have grounds for a successful lawsuit. However, for your lawsuit to be successful or for you to be able to file a lawsuit in the first place, two different conditions need to be met:
- Tishman Construction Corporation needs to be guilty of negligence regarding your person or your duties
- You must not be collecting workers’ compensation for your injuries
What Is Negligence?
In legal contexts, negligence means that a person or party had a duty or standard of care to another. In this case, Tishman has a duty of care to ensure that you are provided with the right resources and supplies to do your job safely and successfully. It also has a duty not to put you in unnecessary harm if you are an employee of this organization.
Next, an organization or person is only negligent if they/it violates the standard of care, and that violation leads to demonstrable injuries. Let’s look at an example:
- You’re working on a Tishman Construction Corporation construction site. To meet a deadline, your Tishman-employed supervisor decides not to provide you with appropriate safety equipment
- As a result, you are injured by falling debris, sustaining a concussion or other serious injuries
In this example, Tishman might be ultimately responsible because it, not your supervisor, drove the conditions that led to your injuries and harm.
Note that negligence isn’t the same thing as a true accident. If you are injured on a worksite, and it’s not Tishman’s fault, you probably won’t have grounds for a lawsuit.
What About Workers’ Compensation?
Remember, you can only sue Tishman Construction Corporation for getting hurt if you don’t collect workers’ compensation as a result of the same injuries.
Let’s return to the above example. Imagine that you are injured on a Tishman construction site, and then you apply for and successfully start to receive workers’ compensation payments. Workers’ compensation is intended to help you cover the cost of medical bills and any time you have to spend away from work when you are injured on the job, and practically every major employer needs to have workers’ comp insurance.
When you receive your workers’ comp payments, you also forgo the right to sue the employer for any reason related to your injuries. Therefore, you’ll have to choose between receiving workers’ compensation or suing Tishman.
If you aren’t sure which is the right path, it might be wise to speak to knowledgeable workers’ compensation or construction accident attorneys like Schwartzapfel Lawyers right away at 516-342-2200 or online for sound legal advice.
Workers’ compensation may be beneficial if you need to pay for medical bills, like surgery fees or medication costs, quickly. You’ll have a much better likelihood of receiving your workers’ comp payouts compared to receiving payouts from Tishman, even if your lawsuit is eventually successful.
Even in the best cases, lawsuits can take several months or years to resolve. In contrast, if your injury occurred on a legal worksite, you could start receiving workers’ compensation payments in a matter of weeks. That way, your finances might not be adversely affected.
Suing Tishman As A Pedestrian
Matters can be a little more complicated if you attempt to sue Tishman Construction Corporation as a pedestrian rather than as an employee.
For starters, you’ll need to be able to prove that Tishman was responsible or liable for injuries you sustained on one of their sites or as a result of one of their projects. This can be accomplished through eyewitness accounts, traffic camera footage, and a variety of other sources.
Tishman does have a responsibility to maintain and oversee safe, secure worksites. However, if one of the worksites leads to injuries for a member of the public, Tishman could be found responsible for injuries and damages and be forced to pay as a result.
Potential Injuries From Accidents on Tishman Construction Corporation Property
If you’re injured on a Tishman Construction Corporation property, you could experience one or several potential common injuries, such as:
- Traumatic brain injuries (TBIs) like concussions
- Broken bones
- Severe cuts and lacerations
- Spinal injuries, including paralysis
- Burns
- Hearing damage
- Blindness or other eyesight damage
- And more
These injuries can incur very high medical bills and prevent victims from working for a certain amount of time. That, in turn, may lead to reduced income and difficulty paying for an increasingly difficult financial situation.
If you or a loved one have been injured on a Tishman Construction Corporation property or worksite, you may have rights and grounds for a lawsuit. Contact Schwartzapfel Lawyers today online or at 516-342-2200 for a free consultation.
Filing A Successful Lawsuit Against Tishman Construction Corporation
Whatever you file a lawsuit against Tishman Construction Corporation, you need to have knowledgeable attorneys like Schwartzapfel Lawyers working with you. Why?
Any lawsuit, even one that is apparently open and shut, can be difficult to win, especially depending on the evidence. Tishman has vast resources at its disposal, and it likely won’t take accusations of fault or liability lying down.
Therefore, you need to speak to construction accident attorneys like Schwartzapfel Lawyers right away. The right construction accident lawyers can provide a wide range of assistance to your case, such as:
- Gathering evidence on your behalf. While you recover from construction accident injuries, your lawyers can gather eyewitness accounts, traffic camera footage, worksite accident accounts and documents, medical documents, and so much more
- Providing sound legal counsel for you and your family. You might not know whether a lawsuit is wise given the timeline, likely expenses, and potential outcome. Construction accident lawyers can point you in the right direction one way or the other
- Representing you in court successfully. If your case goes to trial, you’ll want experienced lawyers at your side to both tell you how to say and what to say it and to present your evidence compellingly to a judge or jury
All of these benefits will probably maximize the chances of you recovering compensation for any Tishman construction accident.
Damages For A Tishman Construction Corporation Lawsuit
If your lawsuit against Tishman Construction Corporation is successful, you could recover damages for a variety of purposes.
Most likely, you may be able to recover economic damages. These are intended to make you whole as a plaintiff and pay for economic and associated expenses like:
- Past and future medical bills that are directly related to the incident or accident
- Lost income if you had to take a certain amount of time away from work
- Damages for emotional or physical pain and suffering
- Damages for loss of companionship if the accident resulted in the wrongful death of a loved one
- And more
Furthermore, depending on the circumstances of the case, Tishman might be fined punitive damages. Punitive damages are intended to punish particularly malicious or negligent actors, such as large corporations, who should know better regarding safety procedures.
To learn more about the potential damages you could receive, speak to your construction accident attorneys right away.
Contact Schwartzapfel Lawyers Today
Ultimately, any successful lawsuit against Tishman Construction Corporation requires having knowledgeable lawyers on your side. At Schwartzapfel Lawyers, you’ll get the assistance, experience, and dedication you need to recover damages for yourself and your family, particularly if you’ve been significantly injured.
Still have more questions? Give us a call today at 516-342-2200 or contact us online for a free consultation. Don’t wait! Your window could close forever.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers P.C. | Fighting For You
Can I Sue My Employer – Find An Attorney | NYC Bar
Workers’ Compensation Coverage Requirements | Workers’ Compensation Board of New York
Negligence | Wex | US Law | LII / Legal Information Institute
Ending the Confusion: Economic, Non-Economic, and Punitive Damages | ACS
