There are two potential routes to compensation after suffering a construction accident injury. In some instances, injured workers may file construction accident lawsuits against the parties responsible for their injuries. However, other victims must file for benefits through their employers’ Workers’ Compensation insurance company.
Plaintiffs in construction accident lawsuits may be awarded certain monetary damages that cannot be recovered by insurance claimants. Your ability to file a construction accident lawsuit will likely depend on the cause of your injury. You can contact a construction accident and injury lawyer for help weighing the options available to you.
Our experienced Garden City construction accident and injury lawyers can offer guidance and support to victims. Get help pursuing the compensation you deserve by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.
Differences Between Filing an Insurance Claims and Filing a Construction Accident Lawsuit in Garden City
There are multiple differences between the process of filing a Workers’ Compensation insurance claim and the process of pursuing compensation through a construction accident lawsuit. By evaluating these differences, you may better understand what to expect from your claim:
Establishing Fault
Establishing fault is a key component of any construction accident lawsuit. There are various strategies that may be employed in your case. However, every plaintiff must establish the following general elements:
- The defendant owed you a duty of care
- The defendant did not adhere to that duty of care
- You suffered harm because of the defendant’s breach of duty
- You sustained damages because of your injuries
If these elements have not been satisfied, a plaintiff’s case will not succeed. There are many different forms of evidence that can be uses to prove that these elements. The assistance of our Garden City construction accident and injury lawyers can be very helpful when establishing that a defendant was at fault.
On the contrary, Workers’ Compensation claimants are not required to establish fault in order for their claims to succeed. Workers’ Compensation provides benefits for on-the-job injuries regardless of fault.
Damages Available
While Workers’ Compensation claimants are not required to establish fault, they are also restricted in the types of monetary damages they can recover. Insurance claimants can only pursue damages for medical expenses and lost income stemming from their injuries.
However, plaintiffs in construction accident lawsuits may recover multiple forms of economic and non-economic damages that cannot be sought through Workers’ Compensation claims. For instance, plaintiffs may recover financial compensation for the physical pain and emotional distress they endured. Furthermore, plaintiffs can recover compensation for out-of-pocket expenses they incurred, like child care and transportation costs. Our Garden City construction accident and injury lawyers can fight for the full range of monetary damages available in your case.
When to File a Construction Accident Lawsuit in Garden City
The ability to file a lawsuit after a construction accident will usually depend on who is at fault for the accident at issue. If you were hurt because of a construction accident, our experienced Garden City construction accident and injury lawyers can evaluate your claim against either of the following parties:
After Accidents Caused by Third-Party Negligence
You may be able to file a construction accident case if your injuries were caused by a third party’s negligent action. Unlike claims against your employer, claims against third parties are not restricted by Workers’ Compensation laws. There are multiple forms of third-party negligence that may result in construction accidents. Often, there are multiple different contractors performing various tasks simultaneously on a construction site. Negligent behavior committed by any of these contractors can cause other workers to suffer serious injuries. For example, a worker who carelessly operates a hoist can cause another contractor below to be struck by a falling object. Further, a third-party contractor may cause a slip and fall injury by failing to clean a wet spot they left on the floor of a public workspace. Our team can help when determining if you have a strong claim against a negligent third party.
Accidents are also caused by dangerous and defective products. For instance, a welder may incur extremely painful burns because of a poorly designed torch. Additionally, a bulldozer operator may suffer a severe accident because of the vehicle’s faulty parts. Therefore, manufacturers and sellers can be sued for accidents caused by their defective products. The assistance of our experienced Garden City construction accident and injury lawyers can be highly beneficial when looking to hold a negligent manufacturer or seller responsible for the harm they caused.
After Accidents Caused by Your Employer’s Negligence
If you were injured because of negligent actions committed by your employer, you may have to pursue damages through Workers’ Compensation. However, if under certain conditions, employers can be held liable for construction accidents. L.A.B. Law § 200, § 241(6), § 240(1), victims of construction accidents may pursue construction accident lawsuits against their employers if they acted with negligence and one of the following transpired:
- The injury happened because of a fall from a ladder, scaffold, or other height
- The worker suffered a fall because of an unsecured opening
- The worker was hit by a falling object
- A violation of New York’s industrial regulations occurred
- The accident was a result of negligent behavior committed by a third party
Claims against employers can be complex. You should reach out to our experienced Garden City construction accident and injury lawyers for assistance when evaluating such a claim. Our team can help analyze the applicable statutes and apply the aforementioned elements to your case to determine the appropriate course of action. Therefore, you may recover the full amount of financial compensation available to you.
If You Were Hurt Because of a Construction Accident in Garden City, Our Attorneys Can Help
If you suffered an injury because of a construction accident, seek assistance from our experienced Garden City construction accident and injury lawyers today by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.