Understanding Construction Accident Lawsuits in New York & Hudson Valley: A 2024 Guide

Construction sites are some of the most hazardous workplaces in the U.S., with an alarming number of workers injured or killed every year. While employers have the responsibility to provide a safe work environment, many companies neglect this duty, exposing their workers to construction accidents.

If you or a loved one has suffered a construction accident in New York City or the Hudson Valley, you may be eligible for compensation and other benefits under the state's laws.

However, to maximize your chances of success, you'll need to work with a construction accident lawyer who knows the ins and outs of the legal system and has the necessary experience with these lawsuits.

In this article, we'll explore what a construction accident lawsuit is, its benefits, and how The Ahearne Law Firm, PLLC, can help you seek justice.

What Is a Construction Injury Lawsuit?

A construction accident lawsuit is a legal claim filed against a person or entity responsible for a worker's injury or death on a construction site. Any negligence, wrongdoing, or failure to comply with safety standards that resulted in an accident can be grounds for this type of personal injury lawsuit.

Typically, injured construction workers or their families initiate the lawsuit and seek damages for medical expenses, lost wages, pain, and suffering, and other losses related to the accident. Such a lawsuit can involve multiple parties – the employer, contractors, sub-contractors, equipment suppliers, architects, and engineers, depending on the circumstances of the accident.

Benefits of Pursuing a Construction Accident Lawsuit

While workers' compensation provides some financial assistance, a construction accident lawsuit can help you recover more comprehensive compensation to reflect the full impact of your injuries.

Here are some of the losses your award might cover:

Medical Expenses

A lawsuit can offset past, present, and future medical expenses related to injuries from incidents like falls caused by inadequate scaffolding or other safety violations, crane accidents, electrocution incidents, or exposure to toxic substances.

Lost Wages and Earning Capacity

You may be eligible to recover payment for wages lost during your recovery, along with future lost income, if injuries like trench collapses or welding accidents limit your ability to work the same way.

Pain and Suffering

Some accident victims may qualify for compensation for the physical and emotional effects of their accidents, such as chronic pain from a roofing accident or emotional distress after a demolition accident.

Loss of Enjoyment of Life

Non-economic damages like pain and suffering can also acknowledge the impact the accident has had on your daily activities and overall well-being, which may be significant after a severe falling object accident or overexertion injury.

When Workers' Compensation Falls Short

While workers' compensation provides a safety net for injured workers, it has definite limitations, including. For instance, it only covers a portion of your lost wages and medical expenses. You also can’t seek damages for pain and suffering through workers' compensation.

A lawsuit allows you to pursue full compensation for your damages by holding the negligent party accountable. As an example, our firm secured a $2.3 million settlement for a construction worker who suffered injuries from an excavation fall.

Identifying Potentially Liable Parties in a Construction Accident

Several parties on a construction site can be held liable for your injuries, depending on the specifics of your case.

These may include:

• General contractors: These individuals are responsible for overseeing the entire project and ensuring that all subcontractors comply with safety regulations.
• Subcontractors: Subcontractors must see to the safety of their workers and supervise the tasks assigned to them.
• Property owners: The proprietor of the worksite has a duty to ensure the safety of all workers on the property.
• Architects and engineers: These professionals can be liable for design flaws that contribute to accidents.
• Equipment manufacturers: If faulty equipment causes your injury, the manufacturer could be legally responsible.

It’s recommended that you consult a qualified personal injury attorney to accurately identify the negligent parties in your case.

Holding Negligent Parties Accountable Under New York Law

New York Labor Law provides strong protections for construction workers. Here are a few key sections that may be relevant to your case.

Labor Law §200

This section requires all site owners and contractors to provide reasonable safety and protection for workers, which can help prevent a variety of accidents.

Labor Law §240 (the Scaffold Law)

This law imposes strict liability on owners and contractors for injuries caused by inadequate scaffolding or fall protection, a leading cause of construction site injuries.

Labor Law §241(6)

This section holds owners and contractors liable for injuries caused by violations of specific New York Industrial Code regulations regarding safety, which can encompass a wide range of construction accidents.

What Steps Should You Take After a Construction Accident?

Here are the crucial steps to take in the aftermath of a construction accident:

1. Seek medical attention: Get a thorough medical evaluation to document your injuries; your health should be your top priority.
2. Report the accident: Inform your supervisor of the accident and file an accident report.
3. Preserve as much evidence as possible: Take pictures or videos of the accident scene, your injuries, and any damaged equipment that played a part.

Once you’ve completed these important tasks, your next step should be to contact a qualified construction accident attorney. Your lawyer can assess your case, pinpoint the liable parties, and begin building a case for maximum compensation.

Construction accidents can have life-altering consequences. Our New York lawyers can cut through the legal complexities and fight for the compensation you deserve. Contact us today to get the representation you deserve.

Building a Strong Construction Accident Case

A successful construction accident lawsuit will hinge on strong evidence that proves negligence and the extent of your damages.

Here's what your lawyer will focus on.

Establishing Liability

Your attorney will investigate the accident to identify the party or parties whose negligence caused your injuries. This may involve reviewing accident reports, witness statements, safety protocols, and relevant New York Labor Law sections.

Gathering Evidence

Medical records, photographs of the scene, damaged equipment, and witness testimonies are critical for documenting your injuries and confirming the cause of the accident. Expert opinions from engineers, safety professionals, or medical specialists may also be necessary to strengthen your case.

Calculating Damages

As part of their duties, your lawyer will work to accurately calculate your past, present, and future medical expenses, lost wages, and lost earning capacity. They’ll also consider the impact on your daily life and overall well-being to determine appropriate compensation for pain and suffering and loss of enjoyment of life.

Negotiating With Insurance Companies

Construction companies and property owners often carry substantial insurance policies. Your lawyer will negotiate with the relevant insurers to secure a fair settlement that reflects the full extent of your losses.

The Legal Process of a Construction Accident Lawsuit

Construction site accident lawsuits can be complex and lengthy.

Here's a general overview of the process.

Step 1: Initial Consultation

You’ll meet with a construction accident lawyer to discuss your case, determine its viability, and find out your next steps.

Step 2: Investigation and Case Building

Your lawyer will gather evidence, interview witnesses, and explore all potential avenues of liability to make your case as strong as possible.

Step 3: Demand Letter

Your lawyer may send a demand letter to the at-fault party's insurance company outlining the details of your claim and your desired settlement amount.

Step 4: Negotiations

If the insurer’s settlement offer isn't satisfactory, your lawyer will continue negotiating with them to secure fair and adequate compensation on your behalf.

Step 5: Discovery

Most lawsuits are settled outside of court. If a trial becomes necessary, however, both parties will be expected to exchange information and evidence through depositions and document requests.

Step 6: Pre-Trial Motions

Prior to the trial, your attorney or the at-fault party’s legal team may file motions to address certain legal issues or exclude specific evidence.

Step 7: Trial

If a satisfactory settlement still can’t be reached, the case will go before a judge or jury. The burden of proof to demonstrate negligence and the extent of your losses will lie with you and your lawyer.

Step 8: Verdict or Settlement

When both sides have made their arguments, the judge or jury will deliver a verdict or oversee the formulation of a settlement agreement.

Important Considerations

Here are a few more important points to keep in mind when considering filing a construction accident lawsuit:

• Statute of limitations: New York has a strict three-year statute of limitations for filing a personal injury lawsuit, so it's essential to act promptly to protect your rights.
• Workers' compensation complications: If you've received workers' compensation benefits, your lawsuit may be subject to a lien to recoup them from your settlement.
• Third-party claims: In some cases, a third party not directly involved in construction may be liable for your injuries, making a lawsuit more complicated.

Your attorney can explain each of these considerations to you in further detail and offer trustworthy guidance about how to proceed.