Construction workers are exposed to high levels of risk as they are often involved in performing potentially dangerous tasks such as lifting heavy objects, operating heavy machinery, and performing job duties at elevated heights. New York workers’ compensation laws allow almost all workers injured in the scope and course of employment to collect benefits, regardless of whether the employer or the worker was responsible.
In most work-related injury cases in Brooklyn, an employee’s only option is to file a workers’ compensation claim to recover losses from medical bills or missed wages. However, monetary relief from workers’ compensation cannot cover damages arising from medical expenses and the loss of a career when a worker suffers a life-altering injury. A Brooklyn Construction Accident Lawyer will meticulously review your job site accident case and help determine if you may also have a viable case against a negligent third party to help maximize your recovery.
Types Of Job Site Accidents
Some common types of job site accidents are slips and falls, transportation accidents (forklift accidents or accidents involving trucks on job site sites), exposure to harmful substances and fumes, scaffolding accidents, poorly maintained or defective equipment, improper training, and objects or debris falling on workers.
Employers Cannot Be Sued Under the Workers Compensation Act
Employees in New York cannot sue their employer for work-related injuries. The only time you can sue an employer for a work injury in New York is when you can prove that their negligence was the cause of your injuries.
Filing a personal injury may compensate you better than workers’ compensation. However, filing a lawsuit against an employer requires the astute acumen of an experienced personal injury lawyer. It’s not enough to show that your employer was merely negligent. Your attorney must demonstrate there was deliberate intent to harm or that actions or inactions were so reckless that harm was almost inevitable.
Third-party Lawsuits
When workers suffer injuries because of the negligence of another individual or entity unrelated to their employers, injured workers may file a lawsuit against those parties. These types of claims, separate from workers’ compensation cases, are known as third-party claims.
Third-party liability in a construction accident arises when a third party other than the injured worker or the employer is responsible for the injuries or some of the injuries sustained by the injured worker. The most common third parties responsible for construction accidents are:
- Construction site owners
- Contractors and subcontractors
- Engineers
- Architects
- Equipment manufacturers
Contact A Construction Accident Lawyer In Brooklyn
At Gregory Spektor And Associates, our lawyers have extensive knowledge and experience handling job site injury cases, particularly third-party claims. Our New York personal injury law firm guides New York construction workers hurt on the job to receive fair and just compensation for wage loss benefits, medical expenses, and even pain and suffering.
If you or a loved one has suffered a job site injury due to the negligence of an employer or a third party, report your injury to your employer immediately and then contact Gregory Spektor And Associates to schedule your free case evaluation.
Dariel Campbell is currently an English instructor at a university. She has experience in teaching and assessing English tests including TOEFL, IELTS, BULATS, FCE, CAE, and PTEG. With over a decade of teaching expertise, Dariel Campbell utilizes his knowledge to develop English lessons for her audience on English Overview.
