Can You Sue Your Construction Company for an On-the-Job Back Injury in New York?
There always seems to be something under construction in New York. Most people walk or drive past multiple construction sites every day without realizing it. While these worksites are common, they are also very dangerous for the people that work there. Workers may try to stay as safe as they can, but accidents have been known to happen. One might assume that the construction company in charge of the site should be held responsible for unsafe working conditions, but this is easier said than done. It can be difficult for employees of construction companies to hold their employers accountable for accidents.
It is certainly possible to sue your construction company after an on-the-job back injury at a construction site. However, the workers’ compensation system in New York might make things challenging for injured employees. Workers’ compensation is required by law in New York and may take the place of a worker’s right to sue. However, if certain conditions are met, an injured employee could still sue their construction company. On the other hand, workers’ compensation does not bar employees from suing any third parties responsible for their accident.
If you were working at a construction site when you suffered an on-the-job back injury, you should discuss your legal options with an attorney. Our Bronx personal injury lawyers can help you review your legal rights and file a lawsuit if possible. Schedule a free legal consultation with the team at The Carrion Law Firm. Call our offices today at (718) 841-0083.
What Happens After an On-the-Job Construction Site Accident in New York?
After an on-the-job back injury at a construction site, workers may have several legal options and rights, depending on their circumstances. In many cases, workers are required to pursue claims for workers’ compensation, which allows injured employees to be compensated through their employer’s insurance rather than through a lawsuit. Employees are also barred from suing under workers’ compensation laws.
Personal injury lawsuits against your construction company employer may still be possible in spite of the workers’ compensation system. If your accident was caused by the deliberate actions of your employer rather than mere negligence in the workplace, you might be able to sue. You could also sue if your employer failed to carry the required workers’ compensation insurance.
If and when you file your lawsuit, you must calculate your damages. The term “damages” refers collectively to all the injuries, losses, and expenses you faced after your on-the-job back injury. Damages may be economic, meaning they have a fixed price tag, or non-economic, which are more subjective and open to interpretation. Call our Manhattan personal injury attorneys for more information.
How the New York Workers’ Compensation System Affects Construction Accidents
While workers’ compensation sounds like it could solve all your problems, there are some drawbacks. The system often does not cover all of an employee’s injuries, and the employee has no other legal recourse to claim those damages. However, there are several ways around the limits of workers’ compensation. Suppose your construction company employer does not carry workers’ compensation insurance, or your accident was caused by your employer’s intentional conduct rather than negligence. In that case, you can sue your employer for damages.
Employers, including construction companies, are responsible for carrying the insurance needed to pay for workers’ compensation. When an employer fails to carry this insurance, the injured employee has no other option than to sue.
Workers’ compensation applies only to employees of the construction company. If you are not considered an “employee” under the law, you will not be covered by workers’ compensation. This is important for workers on construction sites because many construction workers are considered independent contractors, not employees. If you are an independent contractor, you are not covered by workers’ compensation and are free to sue the construction company for your back injury.
If you injured your back while working at a construction site, or were harmed in any on-the-job accident, our Long Island personal injury lawyers could help you get compensation.
Filing a Personal Injury Lawsuit for an On-the-Job Back Injury in a Construction Accident
Employers are responsible for providing safe working conditions and making sure those conditions remain safe. When working conditions become unsafe due to an employer’s negligence or deliberate conduct, employees get hurt. After filing a personal injury lawsuit against your construction company, we will need to prove they were negligent and should be liable for your back injury and any other harm you suffered.
Demonstrating that your employer was negligent involves proving they had a duty of care that was violated. This duty of care is their legal obligation to ensure safe working conditions. The violation or breach of this duty occurs when safety regulations break down, and a hazardous environment is created.
We may be able to support your claims by comparing the conditions you were working under to the conditions required by the Occupational Safety and Health Administration (OSHA). OSHA provides safety requirements for many different work environments, including construction. The presence of any OSHA violations will help us prove that your construction company was negligent.
Contact our Brooklyn personal injury lawyers for help filing your lawsuit. We can help you recover damages for your injured back and any other injuries you suffered at your construction job.
Damages Related to Employees’ Back Injuries from On-the-Job in Construction Accidents in New York
Damages in a personal injury lawsuit include any injuries and expenses incurred by an employee after a workplace accident. Your damages will include medical expenses from treating your injured back and any other injuries. This can include emergency room visits, extended stays in hospitals, surgeries, pain medications, and physical therapy.
You can also include damages for lost wages. A construction worker with an injured back is unlikely to return to work very soon, and the worker may lose income. That lost income, and any future income you anticipate losing, can be included in your damages calculations. Talk to our Staten Island personal injury lawyers about your potential damages.
Contact Our New York Personal Injury Attorneys
If you injured your back or were otherwise harmed in an on-the-job construction accident, call our team for help. Our Queens personal injury lawyers will help you navigate the legal process to get compensation for your injuries. Schedule a free legal consultation at The Carrion Law Firm. Call our offices today at (718) 841-0083.