Construction Accident FAQs
2. Can I file a lawsuit against persons or entities that caused my injury even if I am collecting workers' compensation benefits?
3. What damages are recoverable in construction accident cases?
4. Do I need to retain an attorney in a construction accident case?
6. How do construction accidents happen?
7. Are all on-the-job injuries covered by workers' compensation?
8. What is the statute of limitation to bring a construction accident claim in New York?
1. I was injured while working
at a construction site. Whom can I sue?
You should be able to sue any person or entity whose
fault contributed to your injuries other than your
employer. Your remedy against your employer is
limited to workers' compensation. Your remedy
against a general contractor or owner may be limited
to cases where you can prove active negligence on
behalf of these parties. If your injuries were
caused 100% by your own negligence, you may not be
entitled to recovery. Contact
Oshman & Mirisola, LLP today to discuss your
unique construction accident injury claim.
2. Can I file a lawsuit
against persons or entities that caused my injury
even if I am collecting workers' compensation
benefits?
Yes. If you can establish that someone other than
your employer at the job site acted negligently and
contributed to your injuries, you can still bring a
lawsuit although you are collecting workers'
compensation benefits. However, your workers'
compensation carrier may be entitled to get back
some or all of their money out of your recovery
against the other responsible parties.
3. What damages are
recoverable in construction accident cases?
If you are injured, through no fault of your own
while on a construction site, you may be entitled to
recover damages for:
- Past and future medical expenses,
- Past and future wage loss,
- Past and future pain and suffering, or
- Punitive damages
If the plaintiff dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the plaintiff's death, as well as emotional distress damages which stem from the loss of society care and comfort of the decedent.
4. Do I need to retain an
attorney in a construction accident case?
Yes. Even if you believe that you were partly
responsible for your own injuries or that your
employer was solely responsible, it is generally
wise to consult an experienced construction accident
injury attorney. The law in construction accident
cases is complex and you need an attorney who knows
his or her way around construction accident
litigation. Contact
Oshman & Mirisola, LLP today to discuss your
claim.
6. How do construction
accidents happen?
Construction site accidents could stem from:
- Negligence of other site workers
- Inappropriate behavior of other site workers
- Defective machinery on site
- Mistakes and negligence caused by drinking or drugs taken by others
7. Are all on-the-job injuries
covered by workers' compensation?
Most are. The workers' compensation system is
designed to provide benefits to injured workers no
matter whether an injury is caused by the employer's
or employee's negligence. There are, however,
limits. Contact
Oshman & Mirisola, LLP today for more
information.
8. What is the statute of
limitation to bring a construction accident claim in
New York?
As with any personal injury claim, the statute of
limitations is three years from the date of the
accident. If a wrongful death has occurred due to a
construction accident, you have two years from the
date of death to file your claim.