Queens Construction Accident Lawyer
The construction industry is one of the most vital parts of our economy, but it is unfortunately a very hazardous industry, as well. Construction workers injured on the job in Queens, NY, may be wondering if they have any options for compensation beyond a workers’ compensation payout, especially if another party is responsible for the accident. Scaffolds, ladders, cranes, and heavy machinery all have the potential to cause serious injuries. If you were injured while working construction in Queens and another party’s negligence caused the accident, it’s vital to understand your rights and legal options.
Filing a Lawsuit for a Construction Injury in Queens
The Occupational Safety and Health Administration (OSHA) establishes guidelines for employers to furnish their workers with hazard-free workplaces. OSHA also conducts research concerning workplace accidents, and construction workers face “the Fatal Four” – the four top causes of fatal accidents in the construction industry – falls, electrocutions, struck by objects, and caught in or between objects. If a workplace accident kills a loved one, a wrongful death claim may help you recoup some of his or her final medical expenses, funeral costs, and lost income.
Survivors of construction accidents often face difficult roads to recovery. A fall from an improperly built scaffold or defective ladder can cause broken bones, traumatic brain injuries, spinal cord damage, or serious wounds from falling into sharp or hazardous objects. While most employers are required to carry workers’ compensation insurance, a workers’ compensation claim may not be enough to cover all the costs of a construction accident, particularly if it resulted from another party’s negligence.
Workers’ compensation will cover the medical expenses resulting from the accident and reimburse you for lost wages from time spent home from work. Workers’ compensation will usually offer some assistance should you become partially or permanently disabled, but the amount you receive is typically limited. This is the trade-off for not paying for litigation costs: You don’t have to pay for lengthy and expensive litigation, and your employer saves money by paying out less than he or she would have to pay for a lawsuit.
Going Beyond Workers’ Compensation
If your injury is the result of another party’s negligence, and worker’s compensation will not fully cover the costs of your injuries, you may have other available avenues for compensation. If negligence was a contributing factor to your injury, a personal injury lawsuit against your employer may be a viable option. If an employer was aware of a safety issue and failed to address it in a timely and efficient manner, the employer can be held liable for any injuries that result from that issue.
Proving negligence requires three things:
- You must prove to the court that the defendant had a duty to act with reasonable care. For example, a construction manager must ensure a work site is free from obvious safety issues.
- You must then prove the defendant breached this duty in some way. This may include unsafe actions or horseplay at work, or failing to address a known hazard in a timely fashion.
- You must establish that your injuries were work-related and the direct result of the defendant’s breach of duty of care.
In some cases, an injured construction worker may be able to sue a product manufacturer or third party for his or her injuries. If a defective piece of machinery or tool caused your injury, your lawyer will help you build a case against the manufacturer. Similarly, a third-party lawsuit against a negligent person or entity outside of work may provide the compensation that a workers’ compensation claim cannot provide.
Injured construction workers in need of a personal injury attorney in Queens who knows how to handle any type of construction injury case, whether it involves a negligent employer, defective product manufacturer, or third party. Get in touch with Omrani & Taub, P.C., to discuss your construction accident case. Give us a call at (718) 714-1515 today for a free consultation.