Turner Construction Company handles many different worksites and contracts throughout New York City and beyond. Unfortunately, accidents and incidents happen on construction sites all the time, so it’s possible for someone to be injured on one of their properties, either purely by accident or because of negligence.
Whether you or a loved one have been injured, you need to know whether you can sue Turner Construction Company for getting hurt. Contact Schwartzapfel Lawyers today online or at 516-342-2200 for a free consultation.
What Is The Turner Construction Company?
Turner Construction Company is a North America-based international construction services company. It offers construction contracting, interior renovation, and other construction services around the world, employing thousands of different people across both the primary company and subsidiary branches.
If you or a loved one works in the construction industry, it’s quite possible that you have been exposed to potential hazards, like heavy equipment, toxic materials, or dangerous worksites, without adequate safety materials.
What Injuries Can Occur On Turner Worksites?
As a construction company, Turner Construction Company worksites are rife with the potential for hazardous conditions and serious medical injuries. In any given accident or incident, you or a loved one could experience injuries ranging from minor to severe, such as:
- Broken bones
- Whiplash, spinal injuries, and/or paralysis
- Lacerations and cuts
- Burn injuries
- Eye or ear injuries
- Concussions and other traumatic brain injuries (TBIs)
In some instances, injuries are so severe that they incur high medical bills, leading victims to face financial ruin. If you feel that you can’t pay for your medical bills by yourself, and if you believe that Turner Construction Company was directly responsible for your injuries, you could have grounds for a successful lawsuit against your employer or against the company if you were a pedestrian at the time of the incident.
Can You Sue Turner Construction Company For Worksite Injuries?
On paper, it is possible to sue Turner Construction Company for worksite injuries if you are an employee and you are injured on the job or while in the performance of job-related duties. You may also sue if you are a pedestrian/civilian and are injured on a Turner Construction Company worksite or by Turner materials.
However, you can only successfully sue Turner Construction Company for your injuries under specific circumstances. Let’s dive into the details.
Was Turner Negligent?
The most important element of a successful lawsuit against Turner Construction Company is proving negligence. In legal contexts, negligent doesn’t just mean inattentive; it specifically means that the following things are true:
- The accused or at-fault party had a duty or standard of care to the injured party
- The accused party breached that standard of care (knowingly or unknowingly)
- The breach of care led to the injuries sustained by the victim
Here’s an example. If you work for the Turner Construction Company, Turner is legally obligated to provide you with adequate safety equipment, like goggles. If a supervisor employed by Turner forces you to use a welder without goggles and you are injured as a result, you can prove in court that:
- Turner had an obligation to your safety
- Turner (through the supervisor) ignored the obligation to your safety
- Ignoring the obligation to your safety led to your injuries
In effect, negligence is guilt or liability for injuries and property damages. You can only successfully sue Turner Construction Company for medical bills and other expenses if you can prove that the company was negligent in some way.
You cannot necessarily sue Turner Construction Company just for being injured on the job or in the workplace. Furthermore, you can’t necessarily sue Turner if you are a pedestrian and are injured near one of the company’s worksites. If the accident was an act of God, or if you were partially or mostly responsible for your injuries, Turner may not be found liable for any damages.
Are You Collecting Workers’ Comp?
The next big factor that affects whether you’ll successfully sue Turner Construction Company is whether you are collecting workers’ compensation. Specifically, you cannot accept workers’ compensation payments and sue Turner at the same time.
When you sign documents to receive workers’ comp payments, you also give up your right to sue Turner (your employer) simultaneously or for the same incident. You have to choose between one and the other.
This doesn’t matter if you were a pedestrian at the time of the accident, of course. However, if you are an employee of Turner Construction Company, it’s a good idea to speak to seasoned attorneys about whether accepting workers’ comp payments or going through the lawsuit is a wise idea.
Your skilled attorney will probably make a recommendation one way or the other based on:
- The projected timeline for the lawsuit (you’ll receive money from workers’ compensation faster than even the fastest lawsuit process)
- The likely monetary award you might receive from a successful lawsuit
- And more
Not sure which path to choose? Contact Schwartzapfel Lawyers today online or at 516-342-2200 for some initial thoughts. We can help you decide whether a lawsuit is a smart choice based on your specific financial situation, the total amount of medical bills, and the likelihood of recovering compensation from Turner Construction Company.
Did You File The Lawsuit In Time?
Don’t forget that you also need to file your lawsuit before the statute of limitations expires. In New York State, the statute of limitations for personal injury claims against a private employer like Turner Construction Company is three (3) years from the date of the accident.
So, if you are injured on May 5, 2023, you have until May 5, 2026, to file your lawsuit. Just remember that the statute of limitations date applies to the date of the incident, not the date upon which you discovered any stealthy injuries.
Pure Comparative Negligence Rules
While you can sue Turner Construction Company, the damage award you might receive could be affected by rules of pure comparative negligence.
In a nutshell, pure comparative negligence means you could be found partially or even mostly responsible for your own injuries. As an example, if Turner had an unsafe worksite, but you were a pedestrian and unthinkingly wandered into the worksite without any good reason, then were injured because of hazards, a court might decide that you both were responsible for your injuries.
If you are found to be 50% responsible, your eventual damages would be reduced by 50%. This is another factor that can determine whether filing a lawsuit is wise. For instance, if your attorney believes that pure comparative negligence will likely drastically reduce your award, accepting workers’ comp might be a smarter financial move.
Improving Your Chances Of Recovering Compensation
Even with the above caveats and factors to consider, there are ways in which you can improve your chances of recovering significant compensation. A successful lawsuit against Turner Construction Company could see you recover damages for:
- Past and future medical bills that are related to your injuries
- Compensation to cover any time you have to spend away from work
- Pain and suffering damages
- And more
If Turner was found to be grossly negligent, you may also be awarded punitive damages. Punitive damages, as opposed to economic damages, are intended to punish the perpetrator of an incident rather than make the victim whole.
To maximize your economic and treble damages, you’ll want to take steps like:
- Work with experienced attorneys like Schwartzapfel Lawyers who work in the same legal area as your case. For example, if you are the victim of a construction accident or incident, speak to construction accident lawyers
- File your lawsuit quickly on the recommendation of your attorneys. The sooner you do this, the faster the process can begin and the faster you may receive damages
- Gather as much evidence as you can. If you are significantly injured, your attorneys may be able to do much or all of this for you by speaking to eyewitnesses, gathering traffic camera footage, collecting medical information, and much more
Contact Schwartzapfel Lawyers Today
Whether you’re an employee of Turner Construction Company or a pedestrian injured on one of their worksites, you might have grounds for a successful lawsuit. That’s why you should contact construction site accident attorneys Schwartzapfel Lawyers right away.
Our experienced legal team can break down your options, offer sound legal counsel, and can even represent you in court if needed. Get in touch with our representatives today online or at 516-342-2200 for a free case evaluation, and save yourself miles and headache and heartache down the road!
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
negligence | Wex | US Law | LII / Legal Information Institute
