Construction accidents in New York occur with more frequency than you might think, and rates of construction injuries and deaths have risen in recent years in New York City, according to data from the New York Committee for Occupational Safety and Health (NYCOSH). It is important to understand how construction accidents happen in order to prevent them, and to know what to do after a construction accident occurs. The following are some commonly asked questions about New York construction accidents and information that can help you to understand liability and your options for seeking compensation.
Q: How Do Most Construction Accidents Happen?
A: Construction accidents often result from negligence. Sometimes an employer is negligent by failing to provide proper safety equipment, failing to ensure that a site is reasonably safe, or failing to provide adequate safety training to employees. Co-workers and injured employees themselves can also be negligent, forgetting to take certain safety precautions, for example. Third-party negligence can also cause construction accidents.
Beyond negligence, construction accidents can also result from defects, such as defects in machinery or tools used on construction sites.
Q: What are the Most Common Types of Construction Accidents?
A: Construction accidents can take many different forms. According to the Occupational Safety and Health Administration (OSHA), falls are the most common type of deadly construction accident, and falls can also result in nonfatal injuries. Other common types of construction accidents include struck-by accidents (including being struck by a motor vehicle or crane on a construction site), getting caught-in or caught-between accidents, and electrocutions. Falls can include falls from heights as well as slips and falls.
Q: How Do I Seek Compensation After a Construction Accident in New York?
A: There are multiple ways to seek compensation after a construction accident in New York. You may be able to apply almost immediately for workers’ compensation benefits, and you also may be eligible to file a lawsuit against your employer—if the accident resulted from your employer’s negligence—under New York Labor Law.
Q: What Should I Do if a Family Member Was Killed in a Construction Accident?
A: Surviving family members such as spouses or children may be able to seek death benefits through the New York workers’ compensation system. It also may be possible for a surviving family member to seek compensation through a lawsuit.
Q: Can I File a Lawsuit Against the At-Fault Party?
A: You may be able to file a lawsuit against the at-fault party. New York is unique in that it allows injured construction workers to sue their employers for negligence under New York Labor Law. To be clear, other states do not have this option (and workers’ compensation is the exclusive remedy for construction work injuries in other states). In addition, if a third party’s negligence caused the construction accident, you may be able to file a personal injury lawsuit.
Contact Our New York Construction Accident Attorneys Today
If you were injured in a New York construction accident, or if you lost a loved one in a construction accident in New York, you should seek advice from a New York construction accident lawyer about your case. Contact Leitner Varughese Warywoda PLLC today for more information about seeking compensation after a construction accident.
