Construction is an inherently dangerous field of work. Employees rely on their employers and others to keep construction sites as safe as possible. Unfortunately, accidents sometimes happen, and workers can be seriously injured. After suffering painful injuries and incurring overwhelming expenses, you should consider your legal options for compensation.
Most employees at construction sites are barred from filing lawsuits unless there are certain violations, and they instead need to use workers’ comp. However, personal injury lawsuits can be filed against anyone other than the employer who may share blame for the accident, and even against the employer in some cases. When filing a lawsuit, an attorney can help you determine who is liable and what kind of evidence you need to support your claims.
After a construction accident, you may be suffering immense physical pain while contending with mounting debt. Our Westchester, New York construction accident lawyers can help you determine whom you can sue so you can get the compensation you need. Get in touch with our team at The Martello Law Firm to discuss your case in a free legal consultation. Call us at (646) 396-0236 for help.
Can I Sue My Employer After a Construction Accident in Westchester?
While the laws of New York provide workers’ compensation for injured employees, these benefits come at a price. According to W.K.C. Law § 11, workers’ compensation is generally the sole remedy an injured worker has against their employer. Lawsuits against employers are barred. Our Westchester, New York construction accident attorneys can help you explore all your legal options.
While those considered “employees” cannot sue their boss, there may be legal loopholes that allow lawsuits for compensation after a construction site accident. Generally, anyone who is hired to perform construction work (whether they are an employee or a contractor) is considered an “employee” for these purposes. Employers are responsible for providing a safe and secure work environment for workers. If you believe your employer’s actions or inaction caused the construction site to become unsafe and violated certain safety rules, we can work to hold them liable.
There may be other options for a personal injury lawsuit. One such option would be to sue a third party you believe is responsible for your accident and injuries. A third party could be anyone other than your employer who is connected to or liable for your accident. For example, if an equipment manufacturer or a driver passing by the construction site was responsible for your work-related injury, you may be entitled to sue them. Sometimes, this lawsuit is filed against both your employer and that third party.
Cases against negligent manufacturers are not uncommon in construction accidents where workers rely on power tools and heavy machinery to do their jobs safely. If tools or machinery is defective and malfunctions, workers can be injured. The manufacturer of the faulty equipment, or even the retailer who sold it to you, could be sued and held liable under a theory of products liability.
Damages For Construction Accidents and Injuries in Westchester
After being injured on the job at a construction site, you need to assess your injuries and related expenses to determine the value of your damages. “Damages” is a legal term that refers to any losses, both financial and otherwise, a person incurs from an accident. Your damages may be physical, emotional, or related to property.
Many construction workers and contractors suffer serious bodily harm in a construction accident. Your injuries may have required extensive medical treatment that might still be ongoing. Hospital visits and any treatments – like surgery, medication, physical therapy, or equipment like crutches or wheelchairs – should all be claimed as part of your damages. We can speak with medical professionals to estimate the costs of any future medical expenses and include those as well.
After being injured on the job, you might be unable to continue working, and you could lose the income you would have otherwise earned. Whether your employer or a third party is liable for the accident, you can usually claim lost wages and earnings as part of your damages calculations. This not only includes incomes lost from your current job but from future jobs too.
Damages can also include injuries and losses that are not physical or tangible and do not come with a predetermined value. Pain and suffering, both physical and emotional, deserve compensation. Your injuries could be devastatingly painful. You may also be forced to come to terms with a new disability or disfigurement because of the accident, which can be very emotionally painful. Our Westchester construction accident lawyers can help you determine the value of these damages by assessing how they have impacted your daily life.
Evidence Needed in a Construction Accident Lawsuit in Westchester
When filing a lawsuit related to a construction accident, you need to think carefully about the evidence needed to support your claims. Our Westchester construction accident attorneys have experience with these kinds of cases and can help you collect the evidence necessary for your case.
Physical evidence related to your construction accident may be very helpful to your case. The availability of physical evidence may depend on how you were injured. If a piece of faulty equipment caused your accident, that piece of equipment will be a crucial piece of physical evidence.
Physical evidence related to the scene of the accident is also important. Some physical evidence, like large pieces of equipment or machinery, should be photographed or recorded on video. If you fell from some scaffolding because a negligent third party spilled something wet and slick on them, like their morning coffee, photographs of the scaffolding with the spilled substance will be important.
Many construction sites are under video surveillance. Frequently, this kind of surveillance is for security purposes in case of vandalism or theft. However, surveillance cameras can also record any accidents and the footage used as evidence. If you believe security footage of your accident exists, contact your employer or whoever is in charge of the construction site right away. Security footage is often deleted after only a few days.
Our Westchester construction accident attorneys can help you track down and interview witnesses who may have seen your accident happen. Witnesses could include almost anyone who saw or heard your accident as it happened. Coworkers who were on the accident scene with you or even passersby who overheard the accident happen could provide important testimony in court.
Call Our Westchester, New York Construction Accident Lawyers
If you were hurt in an accident while working on a construction site, you have several legal options for pursuing compensation. Our Westchester construction accident lawyers can help you gather the necessary evidence and draft legal arguments to support your claims. Call The Martello Law Firm at (646) 396-0236 for a free legal consultation.
