Construction accidents can affect the workers on the construction site or passersby who live or work near the construction site.  In either case, there are potential consequences of the injuries – like medical bills and lost wages – that will need compensation.

Construction companies, property owners, and even contractors can be held liable for various types of injury cases.  In some cases, other parties are responsible, such as manufacturers of dangerous or defective power tools and safety gear.  Talk to an attorney about who is liable in your construction accident and how to get compensation for your injuries.

For a free review of your potential construction accident case, call the construction accident and injury lawyers at The Carrion Law Firm today.  Our number is (718) 841-0083.

Who is at Fault for a Construction Accident in Brentwood, NY?

Fault is determined in construction accidents in New York by looking at a few general principles of personal injury law as well as a few particular points of New York law.  Our construction accident and injury lawyers explain:

First, it is important to understand that most construction accident claims are based on claims that the defendant was “negligent.”  This means that they violated a legal duty that they owed the victim and that that breach of duty was what caused their injuries.  In many cases, the duty in question is simply the duty to act with reasonable care and skill given the situation at hand.  For example, a crane operator who is not paying attention to what they are doing would likely be considered negligent if they cause an accident.  Similarly, the proper care and skill must be used in all sorts of situations on a construction site, from operating tools and machinery to communicating to properly inspecting and constructing scaffolding.

You can often identify the at-fault party by looking at whose responsibility it was to act in a certain way and which parties’ actions (or inactions) contributed to the injury.  Accidents are often blamed on any of the following parties for specific issues:

• Homeowners and property owners can be held liable for dangerous conditions on the construction site.
• Construction firms and employers can be held liable for certain accidents and mistakes.
• Contractors can be held liable for negligent operations on their construction sites.
• Drivers can be held liable for causing an accident with a roadside crew.
• Equipment manufacturers can be held liable for defective gear and tools.

Other parties might also share liability, depending on the circumstances.  Talk to our construction accident and injury attorneys about the specific facts of your case to help determine who is at fault.

Holding Parties Liable for Construction Accidents in Brentwood, Long Island

It is important to understand how these claims work.  If you were injured as a passerby who does not work at the job site, then you would typically sue whichever party caused the danger or accident.  That is likely the operator of the construction site, e.g., the construction firm or general contractor in charge.  With workers, however, these claims are quite different.

Some rules might prevent lawsuits from being filed directly against an employer.  In construction, many workers are actually contractors and subcontractors rather than employees, but New York law often treats them the same as an employee and still prevents lawsuits against the contractor or construction firm that hired them.  As such, you often have to look for certain workarounds.

The most common workaround is that lawsuits are not restricted against third parties.  That is why it is important to look into whether the accident and injury was potentially caused by dangerous or defective gear or equipment; the manufacturer is a third party that can be held liable.  Similarly, drivers that crash into roadside crews could be liable for such accidents without these lawsuit restrictions.

If a restriction is in place, then you may be limited to the damages you can claim through an insurance claim.  However, New York law has other carveouts that our construction accident and injury lawyers can use to sue an employer directly.  Employers can be held solely accountable or in conjunction with another at-fault party.

If the employer’s actions or inactions make them negligent, then a lawsuit can often be filed against them if there is an additional safety violation.  NY’s Scaffold Law, for example, creates carveouts for injuries involving falls from ladders or scaffolding.  If your employer was negligent and there is a law on point that permits a lawsuit, our attorneys will seek to file a lawsuit against them for damages.

Damages for Injured Construction Workers in Brentwood, NY

Injured construction workers can often claim high-dollar payouts for construction accidents.  Construction sites are often quite dangerous, and even minor slip-ups and mistakes can result in catastrophic injuries.  For example, traumatic amputation from a defective saw only takes a second to change your life, and a fall from dangerous scaffolding can paralyze you in an instant.

Victims of construction accidents can often claim damages for the economic harms that result from the accident.  These damages typically include medical bills and lost wages at a bare minimum.  Often, additional damages are available as well, depending on the other economic harms and struggles you face because of the accident.  For example, if your accident resulted in a disability and you now need to pay for help around the house, that should also qualify under the economic damages the accident caused you.

Non-economic damages – often grouped together under the title of “pain and suffering” – should also be available.  These damages are paid to compensate you directly for the injuries you faced and the mental and emotional effects that come along with the injuries.  Note that these damages are separate from the damages for the economic costs of treating these injuries.

There may also be other damages available in your case, such as punitive damages to punish the construction company.  Speak with our construction accident and injury attorneys for help determining your damages.

Call Our Construction Accident and Injury Attorneys in Brentwood, NY Today

For help with your accident case, call the Brentwood, NY construction accident and injury attorneys at The Carrion Law Firm.  You can reach us by dialing (718) 841-0083.