Construction sites are dangerous areas, sometimes being the location of serious and distressing accidents for victims.
Injuries from construction accidents include fractures, sprains, lacerations, burns, and head and back injuries, among others. Though construction workers are the most common victims, passersby are sometimes struck by falling objects and sustain traumatic brain injuries. After confirming an accident’s circumstances, we can confirm your route to recovery, which may be filing a third-party lawsuit. This must be done within the three years following an accident, though our attorneys will aim to do so sooner, which is preferable. To preserve evidence and debris from an incident, take pictures so our attorneys can have a clearer idea of what happened and the fallout. Most importantly, focus on your physical health and well-being and build clear, detailed medical records regarding your injuries and required treatment.
For a free case analysis, call The Carrion Law Firm at (718) 841-0083 and speak to our Queens construction accident lawyers today.
Most Likely Construction Accident Injuries for Workers and Passersby in Bayside
The construction work done in Bayside may be near highly trafficked areas for pedestrians, increasing the risk of injury from falling objects or other hazards. Workers who negligently toss materials off of scaffolding onto the pavement might hit victims walking past, causing serious head trauma or other injuries.
While passersby at construction sites are at risk of injury, construction workers are most often the victims of these accidents. The type of injuries typically depends on the type of accident, with disfiguring or burn injuries being common from fires and fractures or spinal cord injuries being common from falls from high heights, like off of scaffolding.
Hand and wrist fractures, which are common during slipping and tripping accidents on construction sites, might prevent victims from returning to work as well, especially if they have labor-intensive responsibilities.
While injuries vary, they are rarely minor, often requiring urgent and expensive medical care at the emergency room, including subsequent treatments from physicians and specialists. Take construction accidents and injuries seriously, and focus on your physical recovery.
Breaking Down Liability for Your Recent Construction Accident in Bayside
How and why you sustained your injuries will inform how we proceed in your case. Workers must determine if they can file lawsuits when injured while at work on construction sites, which may be possible under certain circumstances.
For example, though Workers’ Compensation is the exclusive remedy for injured construction workers, there are exceptions, such as if an employer fails to secure Workers’ Compensation, fails to observe safety regulations, such as for scaffolding, or intentionally injures an employee.
Not qualifying for an exception to the exclusive remedy rule does not mean you cannot file a lawsuit; it just means you cannot do so against your employer. Some construction accidents seem to happen for no reason at all, only for a deeper investigation to uncover that equipment malfunctioning and exploding was due to negligent production, making the manufacturer liable.
This type of claim is known as a third-party lawsuit and would not involve your employer as a defendant. The normal statute of limitations for personal injury lawsuits would apply, giving you up to three years to file, according to C.V.P. Law § 214(5).
How to Strengthen Your Bayside Construction Accident Compensation Case
Victims can help our lawyers put forth strong claims by not delaying them and starting the preparation process as soon as possible despite the three-year statute of limitations. Taking photos can preserve physical evidence, and prioritizing your physical well-being can also strengthen your case.
Do Not Delay Filing Your Case
Generally, initiating cases immediately rather than waiting is best, despite having three years to sue. There are several reasons for this, but waiting to file could raise questions about the defendant’s liability, the seriousness of your injuries, or your need for compensation. Our construction accident lawyers can help victims file soon and well within the statute of limitations, as missing it would block them from any compensation.
Preserve Evidence at the Scene
Victims can also strengthen their cases by preserving evidence at the scene. If you are injured in a construction accident at work, you might assume that your employer will gather the appropriate information and keep records on your behalf. Unfortunately, your employer might be incentivized to clear away accident scenes, which could lead to us losing crucial evidence. Do your best to photograph the fallout, including any debris, materials, or equipment involved. Many construction sites have security cameras for surveillance purposes, and our attorneys can quickly obtain footage to preserve it. We may also talk to witnesses, whether they are passersby or your peers.
Prioritize Your Physical Recovery
Having clear and accurate medical records showing the timeline of your injuries and progress is crucial for your case’s success. Hospital and medical records prove victims’ injuries exist and help establish the link between their damages and a defendant’s negligence. If you neglect your physical recovery at any point and miss scheduled appointments, that will be reflected in your medical record. Negligent parties might point to these gaps in treatment as weaknesses in victims’ claims. The more aspects of your treatment plan you complete, the more evidence you generate and the bills you incur, leading to additional proof of damages for our lawyers to present in court.
Construction accidents might lead to lost wages for victims, which are also compensable in claims. If doctors advise you against returning to work, listen to them, as rushing your return could undermine certain arguments in your case. Medical experts can testify to strengthen compensation requests for lost wages and explain a victim’s permanently diminished earning capacity and how it may result in future lost wages as well.
Call Our Lawyers to Discuss Your Accident and Injuries in Bayside
For a free case review, call The Carrion Law Firm’s construction accident lawyers at (718) 841-0083.