Construction accidents can leave workers with serious injuries that affect them for a long time to come. Construction accidents can even be deadly, leaving families struggling to pay bills and deal with the effects of a death in the family.
If you were injured or a loved one was killed or injured in a construction accident in Harlem, you should work with an attorney to get the damages you need. Filing an injury claim for accidents at work is often restricted, and you should consult with an attorney to find out if such a lawsuit is possible and how to go about getting the compensation you need for things like medical bills, lost wages, and pain and suffering.
For help with your construction accident, call the Harlem construction accident and injury lawyers at The Carrion Law Firm today at (718) 841-0083. We offer free case reviews.
Suing for Construction Accidents in Harlem
Generally, any injury that you obtain at work needs to be compensated through Workers’ Compensation. These laws apply to any employee, and thus seemingly leave out independent contractors. However, special laws in New York typically group contractors under the definition of “employee” and require construction firms to pay for Workers’ Compensation insurance for these workers as well. Still, there are some exceptions our Harlem construction accident and injury lawyers can use to allow you to sue your employer or other parties for construction injuries.
Under New York law, Workers’ Compensation laws typically restrict you from filing a lawsuit only against your employer. This means that other third parties can be held liable for causing accidents or injuries on your construction site. This could potentially allow claims against other contractors, drivers that crash into your construction site, or even manufacturers of defective and dangerous tools or safety gear.
In many cases, your employer will still share responsibility for these accidents, so they should be included as a defendant in the lawsuit as well. However, if you are not allowed to sue them, how can that be?
Fortunately, there is another exception that allows lawsuits against employers for many kinds of safety violations. A prime example of this is New York’s Scaffold Law, which allows construction workers and contractors to sue for injuries based on falls or dropped objects that involve improper safety gear. Other violations might also allow lawsuits, so you should check with our Harlem construction accident and injury lawyers before filing your case or settling for Workers’ Compensation benefits.
Damages Available to Injured Construction Workers in Harlem
If you are injured while working as a construction worker, you may be under the impression that you have to accept payments from Workers’ Compensation. However, additional damages might be available in a lawsuit, which your Harlem construction accident and injury lawyers can help you file.
Workers’ Compensation typically pays only a percentage of your lost wages while you are out of work, and it covers medical expenses. This leaves the huge category of pain and suffering and other non-economic damages without compensation.
In a lawsuit, you can typically claim damages for any harms you faced at their full value. The end goal of a lawsuit is to give justice to the victim by reimbursing them for all harms at their full value. This means claiming your lost wages in full as well as compensation for any and all medical bills related to the accident. It also means seeking compensation for pain and suffering and other non-economic damages brought about by your injuries.
Talk to your Harlem construction accident and injury lawyer about your damages. Whenever insurance companies are involved, such as your employer’s business liability insurance, they will seek to drive down damages and avoid paying you in full. However, there may be substantial damages for medical bills, lost wages, and pain and suffering that you need paid. There may also be other damages you did not know you can claim, such as damages for lost household services or loss of consortium (i.e., lost marital relations).
Deadline to File a Construction Accident Lawsuit in Harlem
All personal injury lawsuits – which include construction accident injury lawsuits – are governed by a law called the “statute of limitations.” This statute sets a deadline by which all injury cases must be filed. In New York, the statute of limitations is 3 years.
Found under CVP Law § 214, this statute of limitations gives you 3 years to file the case and provide notice to the defendant(s). This law does not require you to put your case before a jury and complete the trial within 3 years, but simply to file it. This often gives you more time than you need to complete the case, but it is important not to let your case go for too long before filing.
Over time, evidence can be lost, witnesses can forget about what happened, and your injuries will heal. Without evidence preserved, your case will be weaker when it does go to court. It is important to call our Harlem construction accident and injury lawyers early on in your case so we can collect evidence, take depositions, and start building a strong case well before the 3-year deadline is up.
Our lawyers will also need time to build your case, so it is important to give us time before the 3-year deadline to prepare the necessary documents and file your claim. Filing your claim sooner also means getting damages sooner in many cases, meaning you will face less time without the income you need to keep your family going. Ultimately, you should call a lawyer as soon as you can after a construction accident.
Call Our Harlem Construction Accident and Injury Attorneys Today
For help with a construction accident, contact the Harlem construction accident and injury lawyers at The Carrion Law Firm today at (718) 841-0083 for a free case evaluation.