Beyond Workers’ Comp: Maximizing Your Compensation After a Construction Accident

Beyond Workers’ Comp: Maximizing Your Compensation After a Construction Accident

Construction sites, while vital for building our infrastructure, are inherently dangerous workplaces. According to OSHA, “Fatal Four” construction accidents include falls (36.5%), struck by object (10.1%), electrocutions (8.6%), and caught-in/between (2.5%). When accidents happen, workers’ compensation is often the first and sometimes only avenue considered for financial recovery. However, workers’ compensation may not fully cover the extent of your losses. In many cases, there are opportunities to pursue additional compensation beyond workers’ comp. Understanding these options is crucial to maximizing your financial recovery after a construction accident.

Workers’ Compensation: The First Step

Workers’ compensation is a no-fault system designed to provide medical benefits and lost wages to employees injured on the job, regardless of who was at fault. In New York, after a construction accident injury, it is crucial that you inform your employer as soon as possible to begin a workers’ compensation claim. You have 30 days to inform your employer of your injury. While this system provides immediate relief, it has limitations.

What Workers’ Compensation Covers:

  • Medical expenses
  • A portion of lost wages

What Workers’ Compensation Doesn’t Cover:

  • Pain and suffering
  • Full lost wages
  • Future lost earnings
  • Emotional distress

Third-Party Liability: Expanding Your Options

If your injuries were caused by someone other than your employer or a co-worker, you might be able to file a third-party claim. A third party in a construction accident is anyone other than your employer or coworkers who contributed to the unsafe conditions that caused your injury. This opens the door to additional compensation for damages not covered by workers’ compensation.

Examples of Third Parties:

  • Subcontractors: A subcontractor failing to adhere to safety standards may create hazards.
  • Equipment Manufacturers: Defective or poorly designed tools and machinery can lead to serious accidents.
  • Property Owners: A property owner neglecting maintenance responsibilities might contribute to unsafe conditions.
  • Drivers: A distracted or negligent driver causing an accident at or near a construction site.
  • General Contractors: The general contractor in charge of the entire project.
  • Architecture firms and engineering firms: If any one of these entities does something that is negligent and causes injuries, they could be held responsible.

What Third-Party Claims Can Cover:

  • Medical expenses
  • Lost wages (potentially full wages, not just a portion)
  • Pain and suffering
  • Future lost earnings
  • Emotional distress
  • Other damages not included under workers’ compensation benefits

Proving a Third-Party Liability Claim

Building a successful third-party liability claim involves proving the following:

  • Duty of Care: The third party owed you a responsibility to maintain a safe environment or product.
  • Breach of Duty: They failed to uphold that duty, creating hazardous conditions.
  • Causation: Their negligence directly caused your injury.
  • Damages: You suffered measurable losses as a result of the injury.

Negligence and OSHA Violations

Construction sites must follow strict safety rules set by OSHA. If a company breaks these rules, it can lead to accidents. Proving that a safety violation happened can make a strong case for negligence. Under the Construction Standards from the Occupational Safety & Health Administration (OSHA), employers must ensure that those they hire have the required safety training, the right personal protective equipment for their job, and other resources to keep them safe.

New York’s Scaffold Law

In New York State, there are also statutes like the Scaffold Law. Under New York Labor Law § 240, landowners and general contractors must take additional steps to keep workers safe. When they do not, and a worker is hurt, they may be held strictly liable for the injuries that worker suffers. This law calls for strict liability for landowners and general contractors. Strict liability changes how negligence is proven in a construction accident case. When seeking damages in this type of case, you do not have to prove the property owner and general contractor were negligent. You only need to show they failed to uphold their statutory duties and that the worker suffered job site injuries.

Types of Construction Accidents That May Warrant Additional Compensation

  • Scaffolding Accidents: Falls from scaffolding are a leading cause of construction injuries.
  • Falls from Heights: Unprotected edges, lack of safety harnesses, and inadequate fall protection can lead to severe injuries.
  • Trench Accidents: Trench collapses can result in serious injuries or fatalities.
  • Crane Accidents: High winds and operator error can easily lead to severe injury or death for construction workers.
  • Heavy Machinery Accidents: Workers can become injured by defective or improperly used heavy machinery such as backhoes, front-end loaders and other machines.
  • Electrocution Accidents: Contact with live wires or faulty electrical equipment can cause burns and other injuries.
  • Falling Object Accidents: Being struck by falling tools, materials, or debris can result in head trauma and other injuries.

The Importance of Legal Counsel

Construction accident cases can be complex, involving multiple parties, intricate regulations, and significant financial stakes. An experienced attorney can help you navigate these complexities and maximize your compensation.

How a Lawyer Can Help:

  • Investigate the accident: Determine the cause of the accident and identify all liable parties.
  • Gather evidence: Collect witness statements, accident reports, safety records, and other crucial information.
  • Negotiate with insurance companies: Protect your rights and pursue a fair settlement.
  • File a lawsuit: Represent you in court if a settlement cannot be reached.
  • Understand the Statute of Limitations: In New York, the statute of limitations for negligence claims, such as construction accidents, is three years from the date of the accident. If the construction accident results in a fatality, loved ones have two years from the date of the accident to file a claim on behalf of the deceased.

Understanding Damages

Damages in a construction accident lawsuit are typically monetary compensation to the injured victim for his or her losses. This may include compensatory damages, which are intended to make the plaintiff whole.

Types of Damages You Can Recover Compensation For:

  • Medical expenses: This may include any type of emergency transportation, hospitalization, surgery, medications, medical equipment, etc.
  • Lost wages: Compensation for the wages you have lost and will lose in the future due to your injuries.
  • Pain and suffering: Compensation for the physical pain and emotional distress you have experienced as a result of the accident.
  • Punitive damages: In rare cases, punitive damages may be awarded to punish the defendant for outrageous conduct.

Conclusion

While workers’ compensation provides essential benefits after a construction accident, it often falls short of fully compensating injured workers for their losses. By understanding the potential for third-party claims and seeking legal counsel, you can explore all avenues for maximizing your compensation and securing your financial future. If you or a loved one has been injured in a construction accident, it’s crucial to consult with an attorney to evaluate your options and protect your rights.