Accidents on a construction site are often complex. Claims for damages cannot be filed as lawsuits unless they meet certain criteria, driving many eligible victims away from damages simply because they are not aware of how the system works.
Our lawyers can talk to you about your case and help you understand your options going forward. If you are eligible for a lawsuit, we can help you fight for compensation from your employer or whatever other parties might have been responsible.
For a free case review, call The Martello Law Firm’s construction injury lawyers today at (914) 685-6950.
Can You Sue for Construction Accidents?
Whether you can sue or not depends on a few different factors. First, you need to have a case – legal grounds to sue – but you also need to be eligible for a lawsuit. This will depend on the target of the lawsuit, your work status, and what exactly happened.
To sue for any injury case, you usually need to be able to prove negligence. This means showing the defendant injured you through carelessness or recklessness. More specifically, it means showing they violated a legal duty, which resulted in your injuries.
For many construction accidents, this will be met. These injuries are often caused through careless mistakes by another worker, dangerous drivers striking roadside crews, and problems with defective equipment.
Who Can I Sue for a Construction Accident?
Employees typically cannot sue their employer directly for work-related injuries. This means your lawsuit might be blocked entirely if you are suing your employer, but lawsuits against third parties are allowed without issue.
This potentially allows suits against:
- Electricians
- Other contractors
- Property owners
- Equipment manufacturers
- Drivers and passers-by
- Delivery drivers.
Complications can arise if your employer is partially responsible, too. With a crash into a roadside work crew, the driver might be primarily at fault, but an employer who erected an insufficient barrier might be partly to blame. If you cannot sue them, you will not be able to recover that portion of the compensation.
There are, however, exceptions.
Can I Sue if I am a Construction Employee vs. an Independent Contractor?
Note that only “employees” are barred from lawsuits. Independent contractors can sue without issue. This includes many contractors and subcontractors, but maybe not “employees” of contractors.
Many cases hinge on properly applying the definition of “independent contractor,” which is not always straightforward. Whether you are paid with a 1099 or a W-2 is not, by itself, enough information to determine the correct status.
What Types of Accidents Can You Sue For?
Lawsuits for construction accidents are allowed against an employer if they committed particular legal violations on top of being negligent. These additional violations bypass the typical ban on lawsuits against employers, and most qualifying situations are common construction problems.
For example, falls from heights and other “gravity-related” injuries are often allowed to be filed as lawsuits.
What Damages Can You Get for Construction Accidents in Mount Vernon?
If you were not allowed to sue and had to file your case as a Workers’ Comp claim, your employer’s insurance would typically cover medical bills and 2/3 of your lost wages. Our construction injury lawyers can seek additional damages if we can file a lawsuit.
Medical Bills
Medical bills are still covered, paying for all care needs related to your injury. However, you can get additional damages, too.
Lost Wages
All lost wages can be covered. This means recouping the full value of your lost labor, both in the immediate aftermath of the accident and going forward. For example, if you would have continued working until retirement age, but this injury leaves you totally disabled, we can claim all future lost earnings as damages.
Other Economic Damages
Additional expenses and costs related to your treatment, help around the house, and other replacement services can also be claimed. For example, if you need additional childcare or you need to send your laundry out while dealing with your disability, those costs should be paid.
Non-Economic Damages/Pain and Suffering
Lastly, non-economic damages – primarily discussed as “pain and suffering” – can be claimed. Pain and suffering is perhaps the most important area of damages you can claim. This pays for mental anguish, emotional distress, and other effects of the injury that other damages cannot compensate.
What to Do After a Construction Injury?
You should document as much of what happened to you as you can. Write down notes, take pictures and videos of the accident scene, and get the details on paper or on video so you do not have to remember everything. Jot down anything that might be important and save it for your lawyer.
Second, get medical care right away. If your injuries are serious enough to sue, they are likely serious enough for you to go to the hospital. This not only prevents you from getting worse and gets you on the road to recovery, but it also documents the injuries and starts creating medical records of the injuries you need compensated.
Lastly, call a lawyer. Do not talk about the accident with others, apart from those who need to know – e.g., your immediate family. Do not post on social media about the accident or create any additional records outside of your personal notes that might be used to point out inconsistencies in your story or otherwise cut against your story later.
How Long Does an Injury Claim Take for Construction Accidents?
Getting compensation can be an uphill battle depending on the facts, who you are suing, and what exactly happened. Simple cases against a party you are eligible to sue without issue can take a few months.
Insurance companies who might represent the defendant may be willing to settle if the case is straightforward and they can see they will lose in court, but cases with more complex facts might lead them to fight back.
If your case is somewhat complex or involves difficult facts, it might even need to go to trial. This can take perhaps a year for full compensation.
In any case, when we review your case in a free case evaluation, we can discuss next steps, the potential chances of a quick settlement, and the estimated time your case might take.
Call Our Construction Accident and Injury Attorneys in Mount Vernon, NY Today
Contact our construction injury lawyers at The Martello Law Firm for a free case review by calling (914) 685-6950.
