Construction Accident Lawyers In Utica, NY Helping Victims Receive Compensation for Their Injuries
Accidents that occur at construction sites typically cause some of the most serious and deadly injuries due to dangerous conditions. Frequently, it is discovered a general contractor or subcontractor may try to cut corners by using defective or outdated machinery because it is more cost-effective for them. Other potential hazards include falling objects, scaffolding issues, or electrocution.
Additional components that can make a job site particularly hazardous are the large amounts of heavy machinery or other heavy equipment that is present. Often, workers become trapped or caught between moving parts of equipment and, as a consequence, find themselves seriously injured.
Even though tougher labor laws and state safety regulations have been enacted in an effort to make conditions on the job site safer, there are still thousands of accidents every year that cause severe injuries to construction workers.
If you have suffered a personal injury as a result of working on a construction site, you need to seek advice from an experienced construction accident attorney who understands the laws that surround construction safety. If you have been injured by negligence on the part of your employer, our law firm will be able to recover damages for you.
Call our law offices today at (315) 500-6425 and schedule a free strategy session with an experienced attorney. The attorneys at our law firm can provide the legal advice and information necessary for you to make a determination on how to best proceed with your claim.
Can I Sue My Employer for My Injury on a Construction Site in NY?
The laws that surround construction accidents in New York are strict. Construction workers are not permitted to sue their employers for their injuries. There are, however, two separate ways to receive financial compensation for injuries. In most instances, the best advice would be to pursue both a worker’s compensation claim and a lawsuit against a negligent third party. It should be noted that receiving worker’s compensation does not prohibit you from filing a lawsuit.
Your employer is required by state law to carry a form of insurance commonly known as workers comp. This is designed to protect both you and your employer. There are many positive aspects that worker’s comp provides to employees. For example, employers are typically not prone to challenging worker’s compensation claims. You may also receive compensation for a portion of your lost wages and medical bills.
The construction accident lawyers at our law firm will take the necessary steps for you to file a worker’s comp claim to help ensure that your medical costs are covered, and you receive some degree of income.
There are instances where your injury may have been caused by third-party negligence on the job site, in cases of defective equipment, for example. It is important to understand that pursuing a construction accident lawsuit in addition to worker’s comp can be beneficial to you for several reasons. One reason is that worker’s compensation does pay non-economic damages for pain and suffering. Additionally, it is important to understand that it does not cover all costs that are associated with your injury—especially lost wages. In order to recover these types of losses, you will need to file a lawsuit.
Who Can be Held Liable For My Construction Site Injury?
Even though your employer is legally exempt from personal injury lawsuits, you still have the option to file a lawsuit against a negligent third party under New York State law. The law permits you to file a suit against a general contractor, the construction site owner, subcontractor, architect, equipment retailer, or manufacturer.
The laws surrounding filing a lawsuit against a third party for your personal injury can be overly complex and difficult to navigate on your own. The personal injury lawyers in Utica at our law firm are highly qualified when it comes to determining the best course of action in order for you to recover damages.
What is the Statute of Limitations For Construction Accidents in New York?
In most instances, a personal injury case falls under the three-year statute of limitations. Negligence claims directly related to accidents that occur on construction sites also fall under this law.
Frequently, many construction workers do not realize that they have been injured or severely hurt until a significant amount of time has already passed. This is often the case with exposure to toxins and repetitive stress injuries, for example.
You should not delay in pursuing compensation, as any time wasted could cause you to lose benefits that you may be entitled to for being hurt on the job.
If you have been injured on the job, you deserve fair compensation for your injuries. Companies have a duty to ensure that their employees are kept safe from potential hazards. You need an attorney who knows how to fight for your rights and assist you with your claim.
Contact the law firm of Passalacqua & Associates, LLC and schedule an appointment with a member of our legal team today.
Should I Hire a Lawyer to Help Me With a Construction Accident Claim?
One of the most important actions that you can take to protect yourself after you have been injured in a construction accident is to hire a lawyer to represent you. Repeatedly, insurance companies will attempt to use deceitful tactics and act in what is known as “bad faith” by rejecting or undervaluing legitimate claims. An experienced lawyer recognizes the methods that insurance companies use to deny claims and can prevent this from happening.
A qualified lawyer can initiate the following actions:
- Investigate your accident to determine if an employer was negligent in their duty to provide safe conditions free of hazards
- Gather any evidence and hire experts to examine it.
- Evaluate the value of your claim and pursue maximum financial compensation. Most construction accident lawsuits are settled out of court and never have to go to trial.
Nevertheless, if an insurance company is not willing to offer a settlement that is beneficial to you, we are prepared to take the case to trial.
Contact our law firm today by calling (315) 500-6425 to schedule a free strategy session with one of our qualified attorneys to discuss your case.