While construction work is not without some risks, workers should not have to endure unnecessarily dangerous working conditions. If you were injured on a construction site, an attorney can help you determine how to get compensation from those responsible.
After being injured while working on a construction site, your first thought might be to sue your boss for damages. While employers are often responsible for unsafe work conditions, suing them is sometimes tricky. While many work accidents must be resolved through the Workers; Compensation system, New York’s Scaffold Law might allow you to sue your employer instead. You might sue the general or subcontractor who hired you to perform a specific job, the property owner, or third parties that somehow played a role in the accident. Your lawyer can help you evaluate your damages to get started, and they might be considerable if your injuries are severe. Before you can get compensation, we need to find evidence supporting your claims, which might be challenging.
If you were hurt working on a construction site, call our construction accident and injury lawyers at (631) 910-7493 and schedule a confidential evaluation of your claims at no cost to you with us at The Carrion Law Firm.
Can I Sue My Employer for a Construction Accident in Huntington?
The person who hired you might be responsible for the unsafe conditions that caused the accident. This is often the case in many workplace accidents. Unfortunately, you might have trouble suing your employer because Workers’ Compensation is required in many workplace accident claims.
The Workers’ Compensation system is mandatory for those eligible. A major component of the system is that it bars lawsuits against employers. However, certain conditions and laws might allow you to circumvent Workers’ Compensation so you can sue your employer.
Generally, the Worker’s Compensation system only applies to employees, not independent contractors. Under New York’s Construction Industry Fair Play Act passed in 2010, construction workers are considered employees of a contractor, barring special circumstances.
The Scaffold Law might allow you to sue your employer even if you would otherwise be required to file a Workers’ Compensation claim. Under the Scaffold Law, employers on construction sites may be sued for injuries resulting from falls or gravity-related injuries. For example, if you fell from scaffolding or were hit by falling debris, you might be able to sue your employer under this law.
Who is Responsible for Construction Accidents in Huntington?
Deciding who you should sue is rarely simple. While you might want to sue your employer, there might be other parties to consider. Making sure all liable parties are included is crucial, as it maximizes your chances of getting full and fair compensation for your injuries.
Contractors
General contractors and subcontractors are generally in charge of construction sites. They handle a lot of aspects of the job, including hiring. The property owner usually hires a general contractor to handle the construction job. The general contractor then hires other workers to do the work.
General contractors might hire subcontractors. Subcontractors are in charge of specific aspects of the job, while general contractors are in charge of everything. A subcontractor might be hired specifically for electrical work, plumbing, or something else specific.
You might sue the general or subcontractor, depending on who hired you. For example, if the general contractor hired you to handle window installations, you might sue them if unsafe conditions on the job caused an accident. Alternatively, if a subcontractor hired you to help them with electrical work, you might sue them in the event of an accident.
If you are unsure who was in charge of your job and work when the accident happened, speak to your attorney.
Property Owners
While the owners of properties where construction accidents occur are often not involved in the job, there are special exceptions. For example, suppose you were hired to remodel someone’s home, but they misinformed you about what walls were load-bearing. As a result, you were hurt when a load-bearing wall came down on you. The property owner might be liable for creating an unsafe working environment in this situation.
Another possibility is that property owners provided you with materials like tools, ladders, or construction materials that malfunctioned and caused injuries. Since they were the ones who provided the materials, they might be liable for the accident.
Third Parties
People unconnected to the construction site might have caused the accident. For example, the site you were working on might have been alongside a busy highway. If someone crashed their car through the barrier and injured you, they might be sued for damages. Similarly, if someone broke into the construction site for whatever reason, tampered with tools or materials, and those tools or materials then malfunctioned and injured you, you can sue the trespassers.
While situations like these are less typical, they are not impossible. Talk to a lawyer about handling such claims and determining who is responsible for your injuries.
Looking for Evidence for Your Huntington Construction Accident Case
One of the most important questions to ask your attorney is about what you need to prove your claims. The answer is almost always evidence. However, the nature of the evidence might vary based on your unique circumstances.
Since security cameras often monitor construction sites, there might be video footage of the accident. This footage might be powerful evidence, and we must act quickly to get it. Often, this kind of footage is deleted after a few days.
Other workers might have watched your accident unfold. If so, they may offer important testimony as witnesses. The more witnesses we have backing up your claims, the better. Even if they did not witness the accident, they might have first-hand knowledge about unsafe work conditions.
Call Our Huntington Construction Accident and Injury Lawyers Now
If you were injured doing a construction job, call our construction accident and injury lawyers at (631) 910-7493 and arrange a private evaluation of your case for no charge with the team at The Carrion Law Firm.