Construction injuries are an all-too-common occurrence in New York, New Jersey, and the surrounding metro area. Construction is a dangerous industry. Many things can go wrong; from falls to explosions to malfunctioning equipment, and more. While workers’ compensation might be available for some construction accidents, it is rarely enough to cover all the costs of serious injuries. That’s where our personal injury attorneys can help you with a potential third-party construction accident claim.
Construction Accidents and Injuries
According to the Bureau of Labor Statistics (BLS), there were 781 fatal construction injuries in the United States in 2011. BLS statistics indicate a steady decline in the number of construction fatalities, from 1,239 in 2007 to 1,016 in 2008 to 879 in 2009 to 802 in 2010. Some of this decline may be related to better construction site safety, but the overall slowdown in new construction likely played a bigger role. In any event, the fact remains that too many injuries and deaths still occur at construction sites.
When a workplace injury happens to you, turning to a New York or New Jersey construction accident lawyer is the best way to get the maximum compensation you deserve.
Workers’ compensation is one option for recovering damages. A personal injury, or tort action, is another possibility in certain construction accident cases. There are some important differences between workers’ comp and third-party personal injury cases:
- Workers’ compensation is a strict liability system. You may recover benefits even if your employer didn’t do anything wrong. Personal injury cases, on the other hand, often require you to prove that someone was at fault.
- Workers’ compensation imposes statutory limitations on the types of damages available. Recovery is often much greater in a successful personal injury claim, especially, if you can obtain punitive damages.
- Personal injury tort actions can be brought against any party that played a role in causing your accident.
It is to your advantage to work with a New York or New Jersey construction accident lawyer to see if there are any third parties that you could file a lawsuit against, instead of simply making a workers’ compensation claim. For instance, manufacturers of defective machinery, property owners who failed to provide a safe worksite, or a negligent prime contractor could be responsible for your construction accident and liable for covering your damages.
Recovering Compensation After NY or NJ Construction Accidents
The ability to recover compensation after a construction accident through a third-party claim may vary depending upon several factors, including the cause of the accident and where the accident happened.
New York has extensive workplace safety statutes designed to protect workers. This means that when these safety standards are broken, you may be able to use a legal doctrine called, “negligence per se,” which says that a party who violates a safety law is automatically assumed to be negligent. You, as the plaintiff, don’t have to prove fault.
While New Jersey does not have such extensive safety laws, it is still possible to win a personal injury construction accident lawsuit based on common law theories of negligence. If the party responsible for your injuries was more careless than a hypothetical reasonable party would have been in the same situation, you may be able to recover damages. Our lawyers frequently use violations of OSHA (Occupational Safety & Health Administration) regulations to show fault in New Jersey accident cases.
The stakes are high in every serious construction accident case. You may be unable to work and face high medical bills, as a result of your construction injuries, and you may experience significant pain and discomfort.
You may be able to recover damages including:
- Past and future medical bills.
- Lost income and reduced earning potential.
- Pain and suffering.
- Emotional distress and other damages.
If the construction accident was fatal, then the close family members of the deceased may be able to recover for the losses incurred, both, by the deceased and for the loss of the companionship and financial support the deceased would have provided. It may be possible to recover those damages in a wrongful death lawsuit.
