Accidents on construction sites are rarely minor, often seriously injuring workers who may then need substantial compensation for their damages.
Construction accidents typically injure workers who are limited as to when they can sue their employers for negligence. Suppose New York’s Workers’ Compensation system prevents you from filing a lawsuit against your employer. In that case, our attorneys may find a reason to bring a claim against a negligent third party, like a defective tool manufacturer. When preparing any compensation claims for construction accident injuries, our lawyers will quickly identify and interview witnesses whose testimony can undermine arguments that you contributed to or caused the accident. We will also gather all incident reports from construction companies and law enforcement to learn as much about the accident as possible while organizing the medical records proving your injuries and damages.
Call (631) 910-7493 for a confidential and free case assessment from The Carrion Law Firm’s construction accident lawyers.
Confirming if You Can Sue for Construction Accident Injuries in Wyandanch, NY
Workers’ Compensation is the exclusive remedy for injured construction workers in New York in most situations. However, if someone other than your employer was negligent, we could help you bring a third-party lawsuit for compensatory damages.
In rare cases, hurt construction workers might be able to sue their employers despite Workers’ Compensation being the exclusive remedy, such as if they violated New York’s scaffolding rules or did not have the appropriate coverage. Employers can be financially liable for falls from scaffolding due to a lack of necessary safety equipment, such as harnesses, or because of structure collapses. If your recent construction accident involved scaffolding, we can review your case to determine if you can sue your employer under L.A.B. Law § 240. Workers can also sue employers who intentionally harm them on construction sites.
Many construction accidents happen because of defective equipment, as any tools or machinery used on worksites could malfunction if not properly made or handled. Accidents due to defective machinery may be the manufacturer’s fault. New York does not restrict when hurt workers can sue third parties as it does regarding employer lawsuits. In addition to negligent manufacturers, victims can sue drivers who run into roadside construction sites and seriously injure them.
Construction site accidents might involve more than just workers. Passersby walking or driving past construction sites might be injured by explosions, falling objects, or other accidents, entitling them to compensatory damages as well. Since the Workers’ Compensation system does not bind passersby, they can sue construction companies for negligence in New York.
Preparing Construction Accident Compensation Claims in Wyandanch, NY
When preparing your case, our lawyers may interview witnesses to the accident, obtain incident reports, review security camera footage, and pool your medical records to confirm your injuries.
Interviewing Witnesses
In Workers’ Compensation claims and lawsuits for construction accidents, it is important to address any questions that the victim caused or contributed to their injuries. Intentionally causing one’s injuries is a reason to deny a Workers’ Compensation claim, and contributing to one’s injuries could lower the damages awarded in a lawsuit, according to C.V.P. Law § 1411.
Tell our construction accident lawyers about any peers, managers, or others who were present during the incident. We can promptly contact them to schedule interviews, during which we will record what they saw to preserve their statements. When construction injury lawsuits go to court, eyewitnesses might be called on to testify at trial to solidify victims’ cases and help us address any questions of comparative negligence.
If necessary, we can also involve experts to analyze certain evidence and weigh in on relevant topics, such as the permanency of victims’ injuries, the lack of safety equipment on the worksite, or a scaffolding structure’s ability to hold weight, depending on their area of expertise.
Getting Incident Reports
Construction companies should record all accidents that happen on worksites, and our lawyers can quickly request all documents a company has regarding an accident when preparing your case. This can give us more insight into the response to your injuries and what happened after you left the scene to go to the hospital. If you called 911 to involve the police and get emergency medical care from paramedics, we can also help you obtain the law enforcement report to review.
Reviewing Surveillance Footage
Construction sites typically have surveillance systems to deter theft, vandalism, and trespassing. These systems can be useful during injury claims, as they might capture accidents unfolding. Soon after the incident, we can request this footage so it is not deleted, whether intentionally or unintentionally. Video footage might show an accident in its entirety, the preceding moments, or the aftermath, and we will carefully review any footage we obtain to determine its relevance to your case. If necessary, we can subpoena security camera footage from construction sites that refuse to provide it otherwise.
Organizing Medical Records
Your medical records will be some of the most crucial evidence in your construction accident claim, as these records prove your injuries exist and can confirm when you sustained them. As you generate records, we can continue to request them from providers. Not only will medical records confirm your diagnosis and necessary treatment, but they will also help prove your medical damages. This is crucial, as victims must prove they have incurred real damages to get compensation from a construction accident lawsuit. To ensure your medical records are accurate and complete, continue getting care until you have completed all aspects of your treatment plan in Wyandanch. Do not try to return to work too soon after an accident or against doctors’ advice, as that could raise questions about your need for certain damages, like lost wages.
Call Our Lawyers About Your Recent Accident on a Construction Site in Wyandanch, NY
Call The Carrion Law Firm at (631) 910-7493 for help with your case from our construction accident lawyers.