Construction sites are one of the most dangerous workplaces in the state of New York. Although they are necessary for our city to grow and for jobs to be available to stabilize families, they should also be monitored carefully to decrease risk for injury and accidents. In the case that an accident does occur due to gross negligence, you may want to consider filing a personal injury lawsuit with the help of a construction accident attorney.
There are some construction site lawsuits that include multiple parties depending on the nature of your injury and accident. For example, if you bring forward a workers’ compensation claim to receive financial recovery from your employer, you might be surprised to find that compensation may not completely cover the full extent of damages that you’ve suffered.
If a third party is responsible for your construction accident—say a negligent supervisor or employer—your attorney will work to pursue a lawsuit against them, in addition to your worker’s compensation claim, to help you recover the damages that you deserve.
What Does Workers’ Compensation Cover?
First, you must understand what workers’ compensation is most likely to cover, so that you can understand whether filing against a third-party lawsuit is necessary. Typically, construction workers who are injured on the job in Rochester, NY will be eligible for benefits that are already pre-determined.
Usually, employees that sustain an injury on-the-job don’t have to file a lawsuit to prove that negligence occurred to receive their deserved benefits. However, when negligence is definitely present, or when the injuries are severe, there are few cases where workers’ compensation will ad equality cover the costs of your medical expenses, pain and suffering, or even wages lost due to the accident.
When Should You File A Third-Party Compensation Claim?
In the scenario that any other party plays a role in the responsibility of your injury due to negligence, you should consider hiring a personal injury attorney to file a third-party compensation claim. These third-parties may include negligent:
- Property owners
- Manufacturers of defective safety equipment
- Manufacturers of defective construction equipment
- Equipment operators
These are the typical injuries or accidents that take place, triggering the most common third-party compensation claims:
- electrical accidents
- injuries that occur from a worker becoming crushed or buried by materials or equipment
- long falls from roofs, ladders, or scaffolds
- injuries linked to defective, inadequate, or insufficient safety equipment
- accidents that are directly related to incidents involving workers without proper documentation
If a construction worker’s injuries take place due to gross carelessness, proven negligence, or misconduct of a third party, you have the right to pursue a personal injury claim against anyone that’s involved, including a third-party. You might be wondering whether you should pursue a workers’ compensation claim as well. You can file both simultaneously with the help of your personal injury attorney.
If you are injured doing construction work, have an experienced Rochester construction accident lawyer review the details of the unfortunate event. This is the first step to recovering your well-deserved damages to move past your traumatic accident.