According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of fatal accidents in the construction industry. This is followed by being struck by an object, being electrocuted, or being caught in or crushed by a workplace machine or equipment.
OSHA reports that workers are at risk for serious injury and possible death when working six feet or higher above ground. Because of this, OSHA requires the use of Personal Fall Arrest System (PFAS) safety devices by construction workers in certain situations.
New York also has local legislation, known as its scaffolding law, designed to protect construction workers by holding employers and property owners responsible for gravity-related accidents.
Many construction accidents could be prevented with the right safety measures in place. When a construction company or subcontractor takes shortcuts or otherwise disregards safety protocol, they place workers at risk for serious harm.
If the negligence of an employer, site owner, general contractor, or other liable party caused your injuries in a construction site accident, you may be able to recover compensation in a personal injury lawsuit.
Taking Legal Action After a Construction Site Accident
If you were injured in any type of construction site accident that was due to another party’s negligence, you may be entitled to compensation. Recoverable damages in a personal injury case can include medical costs, lost wages and benefits, pain and suffering, and more.
If you lost a family member due to a construction site accident, you may be able to pursue the liable party for compensation in a wrongful death claim or lawsuit.
A personal injury lawyer will be able to represent you in either of these cases on a contingency-fee basis with no up-front fees required.
Compensation in Construction Accident Cases
In general, the victims of a construction accident may be able to recover compensation for the following damages in a personal injury lawsuit:
- Hospital bills
- Costs of future medical care
- Lost wages and benefits
- Reduced earning ability
- Pain and suffering
- And more
If your loved one passed away in a construction site accident, you may be able to recover a different set of damages in a wrongful death lawsuit. These may include:
- Final medical expenses for your loved one
- Funeral and burial costs
- Loss of potential future earnings
- Loss of spousal or parental support
- Loss of companionship
- And more
The Statute of Limitations Puts a Time Limit on Your Construction Accident Case
New York imposes a statute of limitations, or legal time limit, on how long victims have to file certain types of lawsuits.
The statute of limitations for filing a personal injury lawsuit in New York is generally three years. For filing a wrongful death lawsuit, the statute of limitations is generally two years.
Some circumstances—such as a lawsuit against a municipality—could shorten the amount of time you have to file a lawsuit. If you allow the statute of limitations to expire before you act, it could prevent you from recovering compensation in a lawsuit.
Dealing with Insurance Companies After an Accident
Insurance companies may approach you with a settlement offer after a construction accident. You may feel tempted to accept it to take care of your immediate financial needs.
However, it is very likely that this amount does not cover all of the damages this accident may cause you now and in the future. Accepting a low settlement offer will prevent you from pursuing civil action later, should you discover additional costs related to the accident.
If you hire a personal injury lawyer to represent your case, they can investigate your accident and injuries for evidence of your losses. They will negotiate with the insurance companies on your behalf and advise you whether a particular settlement offer is too low.
Rosenberg & Gluck, L.L.P. May Be Able to Represent You
Rosenberg & Gluck, L.L.P. represents the victims of construction accidents on Long Island. We work hard to protect the best interests of our clients. We are not afraid to take on the responsible party’s insurance company on your behalf. If they are not willing to provide you with a fair settlement offer, we are willing and able to bring your case to trial.
If you were injured or if you lost a loved one due to a construction accident caused by another party’s negligence, take action. Rosenberg & Gluck, L.L.P. offers a free case evaluation to victims of construction accidents on Long Island. Call us now at (631) 451-7900 to speak with a member of our team. We can also assist in Spanish and Russian.
If you decide to work with us on your construction accident case, we will represent you on a contingency-fee basis.