Construction accidents can lead to some of the worst injuries a worker can suffer. A construction worker injured in an accident might potentially have long and expensive treatment for their injuries. Victims might need a great deal of compensation to recover from a construction accident caused by negligence.
Workers can be injured in many ways, but victims injured in a construction accident might be able to file a lawsuit to recover damages for their injuries. Workers’ Compensation will typically provide certain benefits but might not provide nearly enough to address your growing expenses. Depending on your construction accident, you might be able to pursue additional compensation through a lawsuit that Workers’ Compensation does not provide.
If you have suffered a construction injury, our Utica construction accident and injury lawyers can help you recover the damages you deserve. For a free case review, call The Carrion Law Firm at (718) 841-0083.
Common Causes of Construction Accidents and Injuries in Utica, NY
Construction workers are required to do their jobs under often dangerous conditions. They might be required to work from tall heights, operate large trucks, and use powerful machinery. Another person’s negligence makes a dangerous job much more hazardous and can easily cause devasting injuries. The following are some common causes of construction accidents and injuries in Utica:
Slip and Fall Accidents
Slip and fall accidents are the cause of many construction accidents and injuries. Slip and fall accidents can lead to harmful spinal injuries or brain trauma that could require extensive, possibly lifelong, treatment. For example, an employer might have inadequate fall protection set up on the job, or another worker might forget to clean a spill that you later slip in.
Falling Debris
Falling debris can cause significant injuries on a construction site. Many falling debris accidents can cause serious spinal and head injuries. Poorly designed construction helmets could also contribute to a falling object injury if it fails in its design for some reason during an accident.
Poor Equipment Maintenance
Machinery and equipment at a construction site should be routinely inspected and maintained by employers. Poorly maintained equipment can cause serious soft tissue injuries, broken bones, and even amputations. For instance, if an employer forgot to replace a defective guard on a circular saw, the next worker that uses the saw could be severely injured if the saw guard fails to stay in place.
Vehicle Accidents
Large construction and delivery vehicles are common fixtures on construction sites and cause many construction accidents and injuries. Bulldozers, cranes, backhoes, and excavators can cause terrible injuries to construction workers if they are negligently operated. Our Utica construction accident and injury lawyers can help you pursue compensation regardless of how your construction accident occurred.
When You Can File a Construction Accident and Injury Lawsuit in Utica, NY
You can only file a construction accident and injury lawsuit against another party in Utica in particular situations. Because New York Workers’ Compensation laws require employers to provide insurance to cover an injured worker’s medical expenses, many construction workers will be prevented from filing a lawsuit to recover additional damages. However, an injured construction worker can file a lawsuit under certain circumstances.
Injuries Caused by an Employer’s Negligence
In many cases, a worker injured in a construction accident will receive insurance benefits through Workers’ Compensation and will not be able to sue their employer. Another downside to Workers’ Compensation is that it only provides benefits to cover economic costs associated with your injuries, like medical expenses, lost wages, and out-of-pocket expenses. Workers’ Compensation does not provide additional non-economic damages you might be entitled to, like pain and emotional suffering. However, you can file a lawsuit against your employer in certain circumstances set by New York Law.
According to L.A.B. Law § 200, § 240(1), and § 241(6), a worker injured in a construction accident may file a lawsuit against their employer if they acted negligently and one of the following occurred:
- A fall from a scaffold, ladder, or other height caused the accident
- A worker fell due to an unsecured opening
- A worker was struck by falling debris
- An employer violated New York’s industrial regulations
- A third party acted negligently, thereby causing the accident to occur
If you think your construction accident injury case falls into one of these categories, our Utica construction accident and injury lawyers can help you determine if you have a valid claim against your employer for compensation.
Injuries Caused by a Third Party
Unlike employers, Workers’ Compensation laws place no restrictions on an injured construction worker’s right to sue a third party that negligently caused their injuries. Other workers can be negligent in numerous ways. For instance, you could be injured by another worker operating large machinery that they knew they were unqualified to use. Or a slip and fall injury might occur because another worker leaves their workspace in a dangerous state. A coworker can potentially be held liable for the injuries that their negligent behavior causes.
Third-party products manufacturers and sellers could also be held responsible for their defective and dangerous products. Sometimes a product is defective in the design, the manufacturing process that produces it, or how it was marketed. In either case, a manufacturer or seller can be sued when their defective product causes injuries in a construction accident. Our Utica construction accident and injury lawyers can help you file a lawsuit to recover compensation for the injuries a negligent third party caused.
Deadline to File a Construction Accident and Injury Lawsuit in Utica, NY
The statute of limitations is the deadline to file your construction accident and injury lawsuit in Utica. According to C.V.P. Law § 214, you will have three years from the date of the accident to file your lawsuit in court. The time limit has few exceptions, so you should not wait to start litigation. Our Utica construction accident and injury lawyers can help you ensure that your lawsuit is timely filed to avoid any delays in recovering compensation.
Our Utica, NY Construction Accident and Injury Lawyers Can Help
If you have been injured in a construction accident, our skilled Utica construction accident and injury lawyers are ready to provide you with your free case assessment. Call The Carrion Law Firm today at (718) 841-0083.