What Causes Construction Accidents?
Construction accidents can happen for various reasons, and the consequences can be devastating when they do. The accidents can be due to another person’s negligence, while other incidents are no-fault accidents. Determining liability and proving it can be complex, especially when the at-fault party won’t admit being at fault.
That’s where skilled Manhattan personal injury lawyers take over. They can legally assess the situation to determine what happened and who might have been responsible for the accident. Don’t suffer in silence if you sustained injuries in a construction accident. Legal experts can help you establish the cause of the accident to determine liability. Common causes include:
- Slips, trips, and falls
- Being struck by objects or hazards
- Collapses and entrapments
How Is Liability Determined?
Liability refers to holding a party responsible for an accident and any resulting damages or injuries. Since some legal matters can be complicated to navigate, it helps to work with experienced Manhattan construction accident attorneys who understand personal injury laws and everything related.
In determining liability, your lawyers will examine the following to help them file a compensation claim against the alleged at-fault party:
- Whether the party has a duty to prevent the accident or maintain specific safety standards or procedures
- Whether there is a correlation between the accident and that party’s failure to maintain the required standard of care, hence neglecting their duty to uphold legally mandated precautions
- Whether the accident was the direct cause of the injuries you sustained in the accident
- You suffered damages as a result of the accident.
If your construction accident attorneys in Manhattan establish the above factors, you can have a strong claim against the at-fault party.
Identifying Parties That May Be Held Liable for Construction Accidents
In New York, employers in construction companies and supervisors of the construction sites are expected to uphold specific protection standards for the workers. They must:
- Provide adequate safety training for the workers about workplace hazards to enable them to exercise caution while performing their duties.
- Provide the necessary safety equipment to workers, such as gas masks, gloves, hard hats, and goggles, to minimize physical damage if an accident happens.
- Conduct regular maintenance on all equipment and vehicles to ensure their proper functioning.
- Manage the use of chemicals and other harmful materials.
- Install safety platforms such as scaffolding, stairwells, and elevated platforms and ensure they’re strong enough to prevent workers from falls.
- Ensure heavy construction materials like steel beams and bricks are tethered properly to avoid struck-by accidents.
- Plan for adverse weather conditions and halt work if necessary.
- Provide accommodation for injured or disabled workers who are unable to perform certain tasks to prevent them from being injured while executing tasks they may not be able to perform.
- Ensure caves and trenches are well supported and won’t collapse on workers.
Failure to do the above may make employers and supervisors liable for injuries sustained in a construction accident.
Other Potentially Liable Parties
Other parties that may be involved in construction accident liability cases are:
- Construction site owners: They must provide information about safety hazards at the site, including dangerous materials.
- General contractors and subcontractors: They’re responsible for ensuring the safety of the workers and providing training on safety protocols to prevent accidents that could result in injuries.
- Equipment manufacturers: If power tools and other equipment being used at the site fail, leading to an accident that causes injuries, the manufacturer could be held liable for the damages in product liability claims.
- Architects and engineers: If they create a faulty plan that leads to an accident at the site, they could be liable for the injuries.
The role of each of these parties in the construction site is crucial in determining their liability in a construction accident.
Investigating the Accident and Collecting Evidence
Another crucial part of determining and proving liability in a construction accident is providing evidence that supports the claim. This step entails conducting a thorough investigation that entails:
- Interviewing witnesses and gathering their statements
- Reviewing the accident reports and company records
- Investigating the accident scene and taking photographs
- Consulting accident reconstruction experts in safety and engineering
Having as much evidence as possible can help your Manhattan construction accident attorneys create a strong claim. It’s advisable to take photos of the accident scene immediately after the incident if you’re not severely injured and can record the accident. You may also want to collect the details of anyone who witnessed the accident, such as their name and contact information.
Should I Pursue a Workers’ Compensation or Personal Injury Claim?
The answer is “Yes!” Pursue both.
If you sustain injuries in a construction accident, your construction accident attorneys in Manhattan can evaluate your case and advise if you qualify for a workers’ compensation claim. The settlement can cover your medical expenses, lost wages, loss of earning capacity, and ongoing pain and suffering.
However, sometimes workers’ compensation insurance may not be sufficient to fully compensate you for the injuries, especially if the injuries are due to another party’s negligence. In that case, your personal injury attorney in Manhattan may help you pursue a personal injury claim against the negligent party.
Fight for the Compensation You Deserve Following the Construction Accident
If you have been injured in a construction accident, you could be eligible to pursue compensation from the negligent party. However, before you can recover any damages, you must be able to prove liability to pursue a claim. The process can be complex and involving, but skilled personal injury lawyers in Manhattan can do all the hard work for you.
At Mark E. Seitelman Law Offices, we are dedicated to providing injured workers the justice they deserve. We can investigate and evaluate your claim to help you create a solid case. No case is too big or too small for our firm, so feel free to talk to us. Call our office at 332-244-1106 to schedule a FREE case assessment.