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  • Writer's pictureLeitner Varughese Warywoda

When to Call a Construction Accident Attorney

men on construction site

Construction sites are notoriously dangerous. That doesn’t mean, however, that devastating accidents are unavoidable.

When contractors take measures to keep their workers safe—by following New York Labor Laws to start, for example—they can protect everyone on the job site. Unfortunately, however, not all of them do. As such, construction accidents keep happening, and they almost always leave devastation in their wake.

Thankfully, those who end up getting hurt usually have grounds for legal recourse. If you’re recovering from serious injuries that you sustained at a job site, you’re probably wondering if you do, too. Generally speaking, it’s worth calling a construction accident attorney if the following applies:

1. You Were on the Clock at the Time of the Accident

Were you acting within the scope of your employment when you got hurt? As long as you were on the clock at the time and you were performing your job duties, your employer had an obligation to protect you.

2. You Were Abiding by All Safety Regulations When You Got Hurt

Sometimes, insurance carriers will try to argue that an injured worker was being reckless, and therefore, the employer is not liable for the accident. They might try to make the case that the victim was not using the equipment properly, for example, or that he or she was under the influence of drugs or alcohol at the time.

To keep the carrier from making this argument, you’re going to have to prove that you were, in fact, exercising care on the job site. Evidence that may help you do so includes surveillance footage and eyewitness testimony.

3. You Sustained Injuries in the Accident

If a construction worker slips or trips but is able to brush themselves off and go about their day, they probably won’t have grounds for a claim. If they’re involved in a more serious accident, on the other hand, and they end up needing medical attention, that’s another story. That means if you sustained injuries beyond minor scrapes or bruises, there’s a good chance you can seek compensation.

4. You Incurred Actual Damages as a Results of the Accident

In the wake of the accident, you must have incurred recoverable losses that you wouldn’t have suffered had you not gotten hurt. New York tort law recognizes both economic damages, like medical expenses and lost wages, and non-economic damages, like pain and suffering.

The kind of claim you end up filing—e.g., personal injury or workers’ compensation—will determine precisely which damages you can account for when pursuing compensation.

Call 855-585-2969 to Discuss Your Case with a New York Construction Accident Lawyer

If you were hurt on the job and think you might have grounds for a claim, turn to Leitner Varughese. Our tenacious team has more than 35 years of collective experience in the legal field.

To schedule a free initial consultation with one of our construction accident attorneys, submit our Contact Form or call 855-585-2969. We represent clients in New York City, Long Island, and throughout New York state.

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