Construction sites are one of the most dangerous places due to which the construction workers are prone to get injured. If an accident occurs at the construction site, it is important to understand the liability in order to file a lawsuit for claiming compensation. Construction accident liability is a complicated issue, and hence it is imperative to hire an NYC construction accident lawyer who can help you understand your options.
Who Is Liable For Construction Accidents?
There are several ways in which a person could be injured at a construction site. Moving machinery, bulky construction materials, multiple power sources, scaffolding, and excavation machines pose risks at any construction site. Almost two-thirds of all construction accidents are scaffolding accidents. Some other common causes of accidents include falling, getting crushed, or running over, improperly braced trenches, or electrocution.
In a majority of construction accidents, one or all of the parties may be responsible for the accident:
- General and sub-contractors
- Site owners
- Manufacturers of construction equipment
- Engineers and architects
- OSHA compliance officer
Establishing Liability In A Construction Accident
Liability can be established in any construction site accident by proving that the at-fault party was negligent and failed to exercise the basic level of care that any other party would have exercised in the same conditions. It is best to understand each of the party’s responsibilities at the site when attempting to determine liability.If a construction accident occurred due to a falling tool, the employer is most likely going to be deemed responsible for negligence in failing to fulfill the basic duty of care of securing the tools to the scaffold with retaining devices.
Understanding Workers’ Compensation Claim
In most construction jobs, the workers’ compensation claim is the only option for on-site injuries. This workers’ compensation benefitprovides employees guaranteed compensation for their medical bills and lost wages. However, once the financial relief is received, the injured loses the right to sue the employer, even if the employer acted negligently. Basically, in return for quick compensation, the injured construction worker loses the right to file a personal injury lawsuit.
Based on the state in which the accident occurred, there are a few circumstances in which the injured worker may still be able to file a lawsuit is if:
- The parties responsible for the accident do not include thethe employer.
- The injury resulted from the employer’s gross negligence.
- The injury resulted from the employer’s intentional misconduct.
- The employer did not have enough coverage on workers’ compensation insurance.
How Can A Good Construction Accident Lawyer Help You?
In most construction site accidents,employers and insurance providers are seen arguing about the accepted level of care. These back-and-forth arguments may delay your compensation. Hence, it is best to hire a knowledgeable construction accident attorney seasoned in construction accident cases who can use their legal expertise to review your case, determine the liable party and place responsibility on them to recover economic damages for your injuries.