If you or a loved one were hurt while working construction in New York, you could receive compensation for your losses. To do so, a determination as to who was liable in a construction accident case is crucial.
Those who could be held liable include one's employer, contractors at a site, the construction site owner, or equipment manufacturers. If you were injured in a construction accident, a construction accident lawyer in New York can explain your legal rights and will be ready to take on the mission of winning the compensation you deserve for your injuries and losses.
In This Article
Reading time: 6 minutes
- Determining Liability for Construction Site Accidents
- Information About Employer Liability for Accidents
- Third-Party Liability in Construction Accidents
- Demonstrating Liability for a Construction Accident
- Possible Compensation for New York Construction Accidents
- Learn About Liability for Construction Accidents
Determining Liability for Construction Site Accidents
In construction site accidents, liability may extend beyond the immediate parties involved in the accident, such as the injured worker or the construction company, to other entities or individuals associated with the project. Potential liable parties may include property owners, general contractors, subcontractors, architects, engineers, equipment manufacturers, or even third-party vendors. Liability is typically determined based on factors such as the duty of care owed by each party, their degree of control or involvement in the project, their awareness or knowledge of hazards, and any negligence or violations of safety regulations that contributed to the accident. Additionally, state and federal laws, such as OSHA regulations, may impose specific duties and responsibilities on construction industry stakeholders, further influencing liability determinations. Therefore, thoroughly investigating the circumstances of a construction site accident and consulting with experienced construction accident attorneys are crucial steps for identifying all potentially liable parties and pursuing maximum compensation for injured workers.For a free legal consultation, call (516) 932-0400
Information About Employer Liability for Accidents
In some cases, construction site accidents occur because of your employer's actions. You could be hurt if your employer allows hazardous conditions to form on a construction site or fails to follow safety regulations. For example, your employer could:- Fail to provide proper protective gear, threatening your safety
- Fail to offer you the correct training, exposing you to harm
- Fall behind on maintenance for power tools and machinery, allowing them to become faulty and dangerous
Third-Party Liability in Construction Accidents
In many cases, an employer is not solely responsible for construction accidents. Several third parties could be at fault for your accident, and you are legally allowed to seek the compensation you might be entitled to from a third party. You could seek compensation from:The Property Owner
Construction companies often do not own the property they are developing. The individual(s), corporation(s), or other legal entities who own the property could be liable for your injuries. A construction accident lawyer will determine who owned the property when your accident occurred and gauge the strength of the claim against that property owner.Contractors at the Site
Construction workers typically work for and with various contractors and sub-contractors who are involved with a given project. These parties are responsible for ensuring that the construction site remains safe and free from hazards. They are also responsible for conducting themselves in a manner that does not unreasonably create a risk of harm to others on the site. If hazards are allowed to develop and/or they conduct themselves in a negligent manner that caused injury to you, they could be considered responsible for your injuries.Construction Equipment Manufacturers, Vendors, and Others
You likely work with many pieces of heavy machinery if you are employed in the construction industry. You count on this equipment to function correctly and safely. However, sometimes construction equipment is manufactured incorrectly or has a dangerous defect that leads to accidents. If you were hurt by a defective piece of equipment, a company or the companies that made it, sold it, or maintained it could be responsible for your injuries.Click to contact our personal injury lawyers today
Demonstrating Liability for a Construction Accident
To get the compensation you might be entitled to after a construction accident, a lawyer must demonstrate that:- Someone else took a direct action or failed to take an action they should have taken, and that the action or the failure to act caused, in whole or in part, your accident, or;
- The property owner and/or general contractor are responsible for your accident and the resulting injuries, not as a result of their negligence but as a result of a duty created by statute
- That accident caused your injuries
- Your injuries required medical treatment
- Slipping and falling
- Being struck by an object
- Being electrocuted
- Being caught in or between objects of machinery
Complete a Free Case Evaluation form now
Possible Compensation for New York Construction Accidents
Once you determine who is liable for your construction accident, you might be entitled to compensation for your losses. Depending upon your situation, you could be awarded damages for the following:- Medical costs
- Lost wages at work
- Lost earning potential
- Pain, suffering, and mental anguish
Learn About Liability for Construction Accidents
Liability in construction accidents could rest on your employer, the property owner, general contractors, sub-contractors, manufacturers, vendors, or those who service and maintain construction equipment. Discuss your case with our attorney from Friedman & Simon, L.L.P. Contact us today for your free consultation. We can assist in other languages, including Spanish, Greek, Bengali, Tamil, and Kannada.Call or text (516) 932-0400 or complete a Free Case Evaluation form