Westchester County Construction Site Accidents: What You Need to Know

What Type of Injuries Can I Suffer When Working Construction Sites?

If you are working or have worked at a construction site, you know you face hazards and possible injuries daily. In most cases, workers’ comp comes into play to help you with medical bills and recovery, but that isn’t often enough aid. If you are significantly injured, you may have to file a personal injury lawsuit to get the full compensation needed to recover and thrive after your accident. Personal injury construction site lawsuits are specifically designed to hold at-fault parties financially responsible for your injuries. Usually, with most personal injury claims, you would recover from your injuries and return to your everyday life; however, many construction site injuries are catastrophic, so typically, this scenario may not be the case. “Catastrophic injury” describes any personal injury case in which you, as the victim, have suffered severe, long-term, or life-altering injury. These problematic and challenging personal injury cases are distinguished from other cases because they result in considerable loss, for which total compensation is paramount to your recovery and your family’s finances.

Just a few of the types of severe injuries that occur on a construction site are:

• Spinal cord injuries, partial or total paralysis, paraplegia, and quadriplegia.
• Traumatic brain injury, or TBI, can cause permanent brain damage.
• Disability or disfigurement that may be permanent.
• Organ damage, vision, or hearing loss.
• Amputation or the loss of one or more limbs.
• Multiple broken bones inflicting dire orthopedic injuries
• Severe burn injuries, scarring, and much more.

The significant distinction, both to your life and in litigating your case, is that construction site injuries are often severe (some even life-changing), and the result of your injury results in nearly incalculable financial, physical, and emotional loss to you and those you love. Additionally, these injuries vary significantly, as does their litigation. When you’re the victim of a moderate to severe construction site injury, you will often endure severe pain, prolonged recovery time, the need for long-term rehabilitation, and possibly life-long medical care; this is why you must have the full compensation you need. To successfully manage these complex case demands, you must obtain the knowledgeable, highly experienced, empathetic, yet aggressive legal help of a genuinely well-versed Westchester County personal injury law team.

How Do I Prove Who is At Fault in a Westchester County Construction Accident?

In any personal injury case, proving fault is always at the heart of the matter. This is especially true after a construction site accident. You and your personal injury law team must analyze all the conditions leading up to the accident and the facts surrounding the matter to determine who was at fault. For your employer, or anyone, to be at fault, there must be some duty they owed you as the victim. If a duty wasn’t neglected or violated, you cannot hold another person or employer responsible for your accident. Commonly, in construction site accidents, the duty involves the construction site itself, as your employer has a strict duty to keep their workers safe.

Additionally, the property owner has a duty to keep the premises reasonably secure, and other workers must act responsibly to avoid injuring others. You and your thorough and detail-oriented personal injury law team must also prove that the mistakes and violations that arise in your case investigation ultimately caused or contributed to your accident and the resulting injuries. Let’s say there was an outside intervening cause for your accident; then, liability might be cut off. For example, if another worker pushed you and you fell off a scaffolding, your employer may not be liable, even if the scaffolding itself was dangerous. Proving fault is critical to your case and its outcome for you and your family. Therefore, professional, diligent, and empathetic legal help is mandatory.

If I Must, Can I File a Lawsuit Against My Employer in a Construction Site Accident?

You must note that in Westchester County (and most of New York), even if your employer is at fault for your injuries, you still might not be able to sue them in every case. So, a skilled and experienced Westchester construction accident lawyer will always fight to help you determine what laws affect your case and whether your right to sue may be limited. This is a legal area where, at times, New York’s workers’ comp rules may work against you and prevent you from suing. Construction workers are often independent contractors, but they might still be classified as “employees” for purposes of these rules.

However, there are specific legal means to avoid these restrictions. This is especially true if your personal injury lawyer proves that your employer committed one of several safety regulation violations. For example, New York has a scaffolding law that allows lawsuits against an at-fault employer for any injuries related to falls from heights ( or so-called gravity-related injuries). However, suppose it’s found that you cannot sue your employer. In that case, your Westchester County personal injury lawyer may be able to help you hold others responsible for your accident, such as equipment manufacturers, etc.

What Must My Lawyer and I Do to Build a Viable Construction Accident Case?

Due to their usual severity, building a sound and solid personal injury case after a construction site accident can be challenging and legally complex. New York’s labor laws are challenging, and often, more than one person or entity (such as your employer, equipment manufacturer, etc.) may have to be sued.
Time is also of the essence, as evidence and witnesses may disappear, the site may need to be reconstructed, and more.
That said, just a few of the things your well-versed construction site lawyer may do are;

• Gathering all the evidence and witness testimony rapidly – Investigation of a construction site injury case involves much evidence, such as accident reports, photos of the scene, medical reports and data, and facts about the injuries you sustained.
• Proving who was negligent and Liable – Your aggressive and empathetic law team must demonstrate that your employer, a contractor, an equipment manufacturer, or another party failed to uphold that party’s duty of care. Items such as safety violations, accident reports, witness statements, etc., may be used to prove negligence and liability.
• Understanding the insurance coverage in the construction incident – Insurance is critical when getting your due compensation for a construction accident claim; however, navigating these complexities is always challenging. Workers’ comp may cover immediate medical expenses and a portion of lost wages, but pain and suffering are often overlooked.

Thankfully, your well-versed construction accident lawyer will seek out and evaluate all potential sources of compensation so you and your family get the total compensation you deserve.

I’ve Been Injured in a Construction Site Accident; How Should I Proceed?

Myriad things, such as OSHA safety violations, poor protective gear, dangerous working conditions, malfunctioning equipment, and more, are prevalent on a construction site, which can all cause dire and possibly life-changing injuries. If you or a loved one has been injured on a construction site, all avenues of compensation must be legally investigated to get you the compensation you need to recover and get your life back on track. This may include workers’ compensation, filing multiple lawsuits, etc.

The highly experienced personal injury lawyers at the Law Offices of Joseph Marra, PLLC, fully understand the impact a construction site injury can have on you and your entire family.
Call them today at 914-964-6806 to discuss your unique case. They will professionally approach your case with the empathy, dedication, and decisive legal strategies it deserves.