Legal Options After a Construction Site Accident
Construction jobs are inherently dangerous. The industry is consistently on the top of the list in terms of workplace injuries and fatalities, so it’s important that anyone who works in the field has an understanding of the legal options available in the event of a work-related accident.
Should you suffer a construction injury, you generally have three different routes you can take:
- Workers’ compensation claim. If you were injured at work, but there was no one at fault for the accident, this is likely your best option. You do not have to prove that anyone was negligent in relation to your injury, only that you were injured within the scope of your employment. Through a workers’ compensation claim, you can earn benefits covering lost wages, medical expenses and disability pay.
- Personal injury lawsuit. If you believe that someone other than your employer was responsible for your injury, you may file a civil personal injury claim. You will need to be able to provide evidence that the defendant(s) had a duty to provide you with a safe place to work that they violated that duty, and that you were injured as a result of the negligence and/or their violation of safety rules..
- Product liability lawsuit. If a defective tool, piece of equipment or machinery caused your injury, then you may be entitled to pursue monetary damages through a product liability suit. This type of claim specifically targets the manufacturer or distributor of the product in question. You will need to be able to prove that the product was defective and that the manufacturer’s negligence was to blame for that defect, causing an injury.
To determine which of these options you should take after a construction-related work injury, consider meeting with the trusted New York construction accident attorneys at Barasch, McGarry, Salzman & Penson today.