Every day, thousands of people go to work expecting everything to go fine. However, workplace accidents and incidents do occur, especially on construction sites.
If you or a loved one have been injured on a Structure Tone worksite, you might have grounds for a successful lawsuit. Read on to learn more, or contact Schwartzapfel Lawyers today online or at 516-342-2200 for a free consultation.
What Is Structure Tone?
Structure Tone is a nationwide interior and renovation construction company that provides contracting and construction services in many states and big cities, including New York. As a result, it employs hundreds — if not thousands — of employees, many of whom work in areas that require safety procedures, sufficient equipment, and smart management.
Structure Tone is technically broken up into several subsidiary companies, such as Structure Tone Southwest, Structure Tone International, and more. If you or a loved one are an employee of any of these subsidiary companies, you may still be able to sue the overall parent company of Structure Tone if it is found liable for injuries.
What Injuries Can Occur On Structure Tone Worksites?
As a construction and interior renovation company, Structure Tone worksites are home to many potential hazards, ranging from falling debris to scaffolding to toxic fumes to heavy tools and much more. Any one of these hazards could lead to serious injuries on your behalf, particularly if you aren’t provided with the right safety equipment or time to complete a task properly.
Employees and pedestrians injured on Structure Tone worksites may suffer minor to severe injuries, including but not limited to:
- Concussions and other traumatic brain injuries (TBIs)
- Broken bones
- Spinal injuries
- Lacerations
- Burns
- Eye injuries
- Hearing injuries
Unfortunately, some of these injuries can be so severe that they may prevent you from going back to work, even after recovering somewhat. Other injuries may incur very high medical bills and throw your finances into jeopardy. Under these circumstances and more, it might be wise to look into suing the at-fault or negligent party for financial damages.
Can You Sue Structure Tone If You Are Injured?
According to New York State law, it is possible to sue your employer for injuries under some very specific circumstances:
- You can prove that your employer was directly liable or responsible for your injuries. In this case, if Structure Tone did something harmful to you, such as not providing you with adequate safety equipment or requiring you to work in a dangerous situation under penalty of being fired, it could be found responsible for your injuries and be forced to pay damages
- You do not collect workers’ compensation for your injuries. In the vast majority of cases, collecting workers’ compensation prevents you from collecting damages through a lawsuit, even if your employer is directly responsible for your injuries
However, you cannot sue Structure Tone or any other employer if you are injured at work or in the performance of job-related duties and your employer wasn’t at fault.
For example, if you slip and fall on a Structure Tone worksite, but no one is responsible for the injuries, you can simply collect workers’ compensation and recover on your own time. You can only sue Structure Tone if you can prove that the company or one of its employees was directly responsible for your injuries.
What Are Elements Of Successful Lawsuits Against Structure Tone?
Still not sure whether you can sue Structure Tone for getting hurt? Let’s break down the elements of successful lawsuits against Structure Tone and other construction employers so it’s a little clearer.
Negligence
For any lawsuit against Structure Tone to be effective, you need to prove negligence on behalf of this construction company.
“Negligence” doesn’t necessarily mean inattention to you as an employee or pedestrian. Instead, it means that Structure Tone violated the duty or standard of care it had to the general public and to its employees and, in doing so, led to one or more injuries.
For example, imagine that you’re an employee working on a Structure Tone construction site. Normally, you are provided with enough safety equipment to get the job done without risking your personal health. However, this time, one of the Structure Tone supervisors orders you to climb scaffolding without appropriate safety harnesses or checking to make sure the scaffolding is safe.
When you ascend the scaffolding, it collapses, leading to severe injuries. Because Structure Tone (through the supervisor) ignored your safety, and that ignorance directly led to your injuries, Structure Tone will likely be found negligent in the situation and thus be liable for damages.
You must prove negligence on Structure Tone’s part to recover damages. Otherwise, it’s just an accident, and the company probably won’t be liable for any injuries.
No Workers’ Comp
As noted above, you cannot accept workers’ compensation if you want to sue Structure Tone for getting hurt. That’s because most workers’ comp agreements require you to give up your right to file a lawsuit against your employer in exchange for taking advantage of your employer’s workers’ compensation insurance policy.
Deciding between filing a lawsuit or taking workers’ comp payments can be tricky, particularly if you’ve never done either before. There are positives and minuses to both.
For example, if you accept workers’ compensation, you could receive money much more quickly, which can help you pay for medical bills and any time you have to spend away from work. It’s faster to start receiving workers’ comp payments compared to receiving damages from a successful lawsuit (which will probably take several months or years at minimum).
In contrast, a successful lawsuit against Structure Tone might result in a higher overall payout. Still, it might be wise to talk to knowledgeable construction accident attorneys about your options. They can provide sound legal counsel and ensure you make the right decision for yourself and your family.
Get in touch with Schwartzapfel Lawyers today online or at 516-342-2200 to ensure you make the right decision.
Timely Lawsuit Filing
In addition to fulfilling the above requirements, you must file any lawsuit against Structure Tone before the statute of limitations expires. The statute of limitations is the overall time limit you have to bring a legal action against an opponent, and it can vary depending on the case type.
In New York, the statute of limitations for all negligence claims, including construction accidents or icidents, is three (3) years from the original date of the accident (not the date on which you discovered your injuries, if applicable). Furthermore, if the construction resulted in a fatality, the loved ones of the deceased individual have two (2) years from the date of the accident to file a wrongful death claim.
That might sound like plenty of time, but it can go by faster than you think.
Getting In Touch With Attorneys
Since it’s imperative to begin the process of filing a lawsuit against Structure Tone ASAP, it’s wise to get in touch with attorneys at the earliest opportunity.
Construction accident attorneys can provide lots of different assistance to your case depending on your needs and its details. For example, construction accident attorneys in New York can:
- Gather evidence for you while you recover from your injuries and medical procedures. The evidence substantiating your claim can include eyewitness accounts, medical notes, traffic camera or other camera footage, and more
- Provide you with legal advice and counsel so you know whether filing a lawsuit is a good idea or whether you should pursue arbitration/some other means of legal recourse
- Represent you in court if the case goes to trial rather than a settlement. In this instance, your attorneys can both tell you what to say and how to say it and present your evidence as effectively as possible, maximizing your chances of recovering compensation
No matter the details of your case, you should never try to sue Structure Tone by yourself. It’s difficult even in the best of circumstances, and attorneys can make it much easier.
Contact Schwartzapfel Lawyers Today
Ultimately, it’s more than possible to sue Structure Tone and recover damages for past and future medical bills, time spent away from work, and other expenses. However, you’ll be best equipped to maximize your compensation with Schwartzapfel Lawyers on your side.
Our experienced construction site accident and workers’ compensation attorneys are exactly who you should contact if you have questions or wish to file a lawsuit. Get in touch today at 516-342-2200 or online for a free case evaluation, and let us fight for you!
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
Statute of Limitations chart | NY CourtHelp
Workers’ Compensation Coverage Requirements | Workers’ Compensation Board of New York
