Although construction work plays a crucial role in the development of New York and its boroughs, it is undeniably one of the most hazardous professions. Regardless of where and how you were injured, we at the Law Office of Eli Schmulik understand that navigating the legal aftermath of an accident to ensure the protection of rights and the options of recourse can be challenging without the right legal help. As such, we will be taking on the role of a New York construction accident lawyer to answer some of the most frequently asked questions about construction accidents.
Q: How can I claim compensation after a construction accident?
If you are a construction worker who is injured while on the job, you can claim compensation for your injuries via the worker’s compensation system. When you file a worker’s compensation claim, the benefits available to you include the covering of medical expenses, lost wages, and benefits to surviving family members if the construction accident that resulted in a death. Since it operates under a no-fault system, you do not need to prove your employer’s fault in order to receive compensation.
Alternatively, if your injuries were caused by the actions of a third party, you can file a third-party liability case against them. Such a claim can be used to recover compensation for damages that are not covered by worker’s compensation, such as pain and suffering and the reduced quality of life. Accidents involving subcontractors and equipment malfunctions come within the purview of third-party liability claims.
Q: Can I sue my employer while claiming worker’s compensation benefits?
Worker’s compensation is considered an exclusive remedy. This means that if you are claiming benefits, you are not allowed to sue your employer to claim additional compensation. However, claiming worker’s compensation does not prevent you from filing personal injury claims against third parties. You are only allowed to sue your employer in rare and exceptional circumstances, such as when an employer fails to carry worker’s compensation insurance.
Q: Can I file a lawsuit when I am injured as a visitor or someone walking past the construction site?
Yes, you can file a personal injury lawsuit if you’ve been injured in construction as a visitor or if you are someone walking past the construction site. Construction site owners and contractors have a non-delegable duty to ensure that there is “reasonable and adequate protection and safety” for workers and lawful visitors. If you can show that your injury was reasonably foreseeable and preventable, you may be owed fair and reasonable compensation.
Q: Can I sue for compensation if I was trespassing at a construction site?
If you have been injured in a construction site as a trespasser, your legal rights are extremely limited, and this makes claiming compensation difficult. However, if you can prove an exceptional circumstance, you may still be able to claim compensation. Such exceptions include the ‘attractive nuisance’ doctrine, gross negligence or recklessness on the part of the property owner, or situations of disputed status, such as instances of confusion with regard to entry permission.
Q: How long do I have to file a claim for compensation in a construction accident?
The time you have to file a claim for compensation depends on a multitude of factors. If you are hoping to obtain worker’s compensation benefits, you must file your claim within two years from the date of the accident. Alternatively, if you are filing a personal injury lawsuit, you typically have three years from the date of the accident to do so.
However, there are several exceptions to the standard three-year period. For instance, if the person injured was a minor, the statute of limitations tolls (pauses) until the person turns 18 years old, upon which they will have three years to file. Alternatively, if you are filing a case against the government, you must file a Notice of Claims within 90 days from the date of the accident. If the government has not settled your case, you have one year and 90 days from the date of the accident to file your claim.
Conclusion
If you or your loved one is injured in a construction accident, there are multiple routes you can take to claim compensation. However, identifying who may be liable, what laws may apply, and how the statute of limitations may apply can be challenging without professional legal guidance. If you’re on the lookout for a seasoned and knowledgeable Manhattan construction accident lawyer, then look no further than the Law Office of Eli Schmulik. Reach out to us for a free consultation, and let us help you get back on your feet.