Living around construction is part of life in Borough Park, which is why accidents happen frequently. If you were injured while working on a construction site or while walking or driving through one, our lawyers can help you file a claim for your damages.
Workers injured on a construction site because of their employer’s negligence can usually get coverage for medical expenses and lost wages by filing a Workers’ Compensation claim. They do not need to prove how their employer was negligent to recover benefits but Workers’ Compensation but it will not cover all their losses. If the accident was caused by a third party, like a subcontractor or defective equipment, you can like file a lawsuit instead to cover all your losses. Our team can also help pedestrians and drivers navigate the compensation process after a construction accident.
Our construction accident attorneys can provide you with a free case assessment today by contacting The Carrion Law Firm at (718) 841-0083.
When You Can File a Lawsuit for a Construction Accident in Borough Park, Brooklyn
Construction sites in Borough Park, which are numerous, typically present numerous dangers to workers and those passing by. When an accident happens, determining whether you can file a lawsuit for damages can be difficult. Our construction accident lawyers can verify which parties to hold liable and identify legal challenges to your right to get compensation. Assuming you can file a lawsuit, you should do so sooner rather than later. In most cases, victims have just three years to prepare and file a claim, according to C.V.P. Law § 214(5). By starting quickly, our team can use that time to gather evidence of the defendant’s liability and medical records to assess your damages.
Accidents Caused by Your Employer
If you were working on a construction project when injured, your employer might be responsible. However, injured construction workers generally cannot file a lawsuit against their employers for negligence because Workers’ Compensation insurance is the exclusive remedy for their damages. You could sue your employer, though, if an exception applies to your case.
Employers are not shielded from lawsuits if they intentionally cause your injuries. An employer’s intentional misconduct usually involves knowingly allowing a hazard to go unaddressed or failing to institute or practice adequate safety procedures, like conducting safety inspections or designating safety officers to oversee various aspects of the project.
For instance, all contractors, owners, and their agents are responsible for the scaffolding and other equipment on site, including erecting, repairing, and deconstructing structures under L.A.B. Law § 240(1). Your employer will also typically be responsible for the ladders, hoists, pulleys, blocks, ropes, hangers, and other equipment to protect employees. Employers that violate this law can likely be sued.
You could also file a lawsuit against your employer if they failed to train a coworker properly or provide protective equipment appropriate for the job. The Occupational Safety and Health Administration (OSHA) places strict duties on employers to train construction workers and provide protective gear, like safety goggles, hard hats, and other necessary lifesaving equipment. Violations of these regulations often serve as a basis for injury lawsuits against construction employers.
Employers can also be sued if they provide no Workers’ Compensation coverage for injured workers when the law requires them to do so. You can search for your employer’s policy online here, but contact our team to confirm if they are required to operate with coverage.
Accidents Caused by Third Parties
The legal restrictions discussed above will not apply if a third party causes your construction accident. Construction sites often have several subcontractors working on various projects, like electricians, HVAC engineers, and delivery drivers. If a worker not employed by your company negligently injured you, you can file a lawsuit against them. If they are not an independent contractor, we can likely add their employer to your claim since most employers are vicariously liable for their workers’ actions while on duty.
If the general contractor does not employ you, you might file your complaint against them if inadequate safety on the site contributed to your accident. Subcontractors are typically only responsible for the safety of the areas where they are working, while the general contractor has a duty to oversee the project’s overall safety and construction. If the general contractor negligently designated a dangerous place to work or provided substandard materials or machinery, they should be accountable for the damages.
Accidents Caused by Defective Equipment
Construction projects often call for the use of numerous tools, machinery, and other equipment, which can cause devastating injuries when they are defective. If construction equipment malfunctioned and injured you despite using it properly or lacked reasonable instructions for its safe use, you might have a claim against the equipment’s manufacturer. Equipment sellers might also be liable in a product liability lawsuit if they knew of the defect when they sold it.
Our lawyers will investigate when the equipment that injured you was made defective. If another party on the construction site tampered with the tool or machinery, we will likely have to direct your claim towards them rather than the manufacturer. In other cases, the general contractor should be held liable along with the manufacturer because they failed to reasonably inspect new equipment that was defective when the manufacturer sent it.
Accidents Involving Pedestrians and Drivers
Construction sites in Borough Park are also hazardous to pedestrians and drivers passing through.
For example, pedestrians can suffer serious injuries if overhead protection is placed incorrectly or no warnings are placed for closed sidewalks. If so, we can determine which of the parties discussed above is responsible for your accident.
Drivers sometimes get into accidents in construction zones because workers direct them at the wrong moment or the construction lanes or warnings are confusing. In this situation, our team can help you get insurance benefits for medical expenses and how to file a lawsuit for other damages.
Call Our Construction Accidents Lawyers in Borough Park, Brooklyn Today for Help Getting the Compensation You Need
For a free case assessment with our construction accident lawyers, call The Carrion Law Firm at (718) 841-0083.