Construction accidents and workers’ compensation often go hand-in-hand – but not always. After you have been injured on the job, you will find yourself with plenty of questions. From wondering how you will cover your medical costs to whether or not you will return to work, you need answers right away. It is always in your best interest to seek legal counsel – because an attorney can better answer your questions as they pertain to your case. But, while you are waiting for your consultation with a NYC construction accident attorney, here are a few common questions and answers.
I Was Injured on a Construction Site While Working – Can I Sue?
If you were injured while working on a construction site, then you will need to identify the potential defendants. If the injury was part of your regular job duties, it may qualify for workers’ compensation. But, if the injury occurred due to someone’s negligence, malicious acts, defective construction equipment, etc., it may be in your best interest to file a private personal injury claim instead.
Can I File a Lawsuit Against Third Parties if I’m Collecting Workers’ Compensation?
In some cases, yes you can. If third parties (other than your employer) were responsible for your injuries, then you would use a third-party personal injury lawsuit against them – regardless of whether you are collecting workers’ compensation benefits or not. This is because the benefits under workers’ compensation are limited, while these additional claims can compensate you for pain and suffering, distress, and even disfigurement.
What Are the First Steps Following a Construction Site Accident?
While every claim and injury situation is different, there are a few things that you will want to do first:
- Enter all of the details about your accident on an injury form, and give it to your employer.
- Gather any names and contact information of witnesses to the incident.
- Take photographs of the location where you were injured (if possible), and note any defective equipment or products.
- Organize the details of the accident by writing down everything that occurred, as well as the actions you took before, during, and afterward.
- Photograph and document all of your visible injuries.
- Seek medical attention as soon as possible.
What About OSHA?
After an injury occurs on the job, Occupational Safety and Health Administration (OSHA) is likely to investigate. They are responsible for enforcing safety rules that govern construction sites, and if your employer is found in violation of those rules, they could be responsible for your injuries and damages.
What if You Are Injured as a Subcontractor?
If you are a subcontractor, the general contractor and owner are potential defendants in your case. There may also be other third party defendants (such as manufacturers of defective equipment). In general, the owner of the property (and/or construction site) is responsible for maintaining a safe work environment. The general contractor also has a duty to his or her subcontractors to oversee the implementation of reasonable safety protocols.
Speak With an NYC Construction Accident Attorney
If you have been injured on a construction site as part of your job, you need to contact a team of attorneys who understand the complexities of these types of cases. Schwartzapfel® Lawyers P.C. can help you file your claim, negotiate with insurers, and ensure that you receive compensation from any applicable third parties that are at-fault for your injuries. Get started today by scheduling a free, no-obligation consultation at 1-516-342-2200, or fill out our online contact form with your legal questions.
