1. I was injured while working at a construction site. Whom can I sue?
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?
5. How do construction accidents happen?
6. Are all on-the-job injuries covered by workers’ compensation?
7. 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.

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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.

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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.

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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.

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5. 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

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6. 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.

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7. 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.

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