Poughkeepsie Construction Injury Lawyer
Construction accidents often leave workers and other injured parties with serious injuries. Amputation, traumatic brain injury, broken bones, and even death are not uncommon on construction sites, and victims could be entitled to compensation for a wide range of injuries and damages.
For help collecting the compensation that you need, do not rely on Workers’ Compensation alone. Many construction accident victims are entitled to file lawsuits that could result in additional damages for pain and suffering and a higher compensation rate for their lost wages.
For a free case review, contact the construction injury lawyers at The Carrion Law Firm today at (718) 841-0083.
When Can You File a Lawsuit for Construction Accident Injuries in Poughkeepsie, NY?
When and whether you can file an injury lawsuit for a construction accident will depend primarily on what happened and your relationship to the construction site. If you were working at the site, then rules might be different if you are an independent contractor – but only under certain circumstances. If you were merely a passerby, then you should be able to sue any negligent parties.
Employees of the Construction Site
If you are an employee of the contractors or construction firm at the site, then you are covered by Workers’ Compensation and might be limited in your ability to sue. Generally, workers cannot sue their employers for accidents the employer causes, but they could be entitled to sue them if they were responsible for specific accidents, such as a fall from heights.
In any case, you are not restricted from suing any third parties who might be responsible for the accident. This means that suing power tool companies, safety gear manufacturers, property owners, and even drivers for accidents is usually permitted. To win your case, you will usually have to prove that your injuries occurred because that defendant violated some legal duty they owed you.
Contractors are often paid as independent contractors, meaning that they get to control the time, place, and manner of their work instead of working directly as an employee. New York law generally assumes that contractors are employees for purposes of Workers’ Compensation insurance. This means that you could face the same restrictions that other construction workers do when it comes to suing your employer, but our construction injury lawyers can examine your case and help you file your claim against relevant third-party defendants or negligent employers when the grounds to sue under one of the aforementioned exceptions are met.
Other People Near a Construction Site
Whether you are a passerby walking or driving through a construction zone or you live or work next to a construction site, you could be entitled to file a lawsuit for injuries as well. If the construction work injured you because of demolitions, crane accidents, or other dangers that affected the area around the construction site, you could be entitled to a lawsuit against the construction firm. Additionally, if you were injured while passing through an open construction site – such as on a sidewalk or a roadside construction zone – you could also be entitled to compensation from the company operating the construction site.
Damages for Injured Construction Workers in Poughkeepsie, NY
The damages you can receive in a construction injury accident will depend heavily on the facts of your case. Nonetheless, there are a few common areas of compensation that injured workers can typically claim, whether they are suing an employer through one of the exceptions under New York law or they are suing a third-party defendant.
Most accident cases involve economic damages – that is, damages that will repay you for expenses you made because of the accident or money you lost because of the accident. When it comes to injured construction workers, the most common of these damages will be medical bills and the cost of other treatment like physical therapy and rehabilitation. Additionally, if you were unable to take on other construction work or missed days or weeks at work because of the accident, you could be entitled to compensation for your lost wages as well.
There are often areas of economic damages that victims might not think to include, such as compensation for household services while you recover.
Pain and suffering – the most common area of non-economic damages – is another major area of damages involved in most injury cases. Especially with construction accidents – which could be life-altering – you will often face substantial pain, discomfort, mental suffering, emotional distress, and other non-economic harms from the injury. Calculating these damages is not as simple as adding up the bills you faced, but you can still see compensation for these damages in an injury case.
What to Do After a Construction Accident in Poughkeepsie, NY
The road to recovery is often long and paved with questions and challenges. Our attorneys can help you get the compensation you need, answer any questions along the way, and hold responsible parties to account for the damages you faced. That is why calling a lawyer is an important step in the list of what to do after an accident, but it is not necessarily the first step.
First and foremost, you should seek medical care for your injuries. Whether your employer is willing to let you go to the hospital or not, you should get the treatment you need, create a record of your injuries, and begin getting the care you need to get better. Delaying treatment can show a court that your injuries were not actually that bad – and it can reduce your damages if your injuries get worse over time.
You should also collect any evidence you can. If you were seriously injured, you might not be able to take pictures of the accident scene or talk to witnesses, but you can still collect some evidence. For example, have a friend or family member take pictures of your injuries, get copies of your medical records, and save any faulty equipment or tools that injured you. Your lawyers can help with further evidence collection down the road, but getting these early pieces of evidence secured will help your case.
Call Our Poughkeepsie Construction Injury Attorneys for a Free Case Review
For a free evaluation of your injury case, call the construction injury attorneys at The Carrion Law Firm today at (718) 841-0083.