Can I Sue for a Construction Equipment Accident in New York?

Accidents involving construction equipment can lead to severe injuries or even death. Here’s a brief overview from a workplace accident attorney in Queens, NY, of what is involved in suing for a construction equipment accident.

Can I Sue for a Construction Equipment Accident in New York? Advice from a Workplace Accident Attorney in Queens, NY

Under New York law, injured workers may seek compensation through workers’ compensation claims. However, workers’ compensation is often limited and does not cover non-economic damages like pain and suffering. In some cases, you may be able to file a lawsuit to help you get further compensation, but filing a lawsuit means determining liability. Here’s where New York’s labor laws come into play to identify whether the responsibility lies with your employer or a third party, such as equipment manufacturers, contractors, or property owners.

New York’s Labor Laws

New York has specific labor laws that protect construction workers, particularly Labor Law Sections 200, 240, and 241. These laws impose safety obligations on property owners, contractors, and employers to prevent workplace accidents. New York’s Labor Law Section 200 mandates that employers provide a safe working environment. If your accident resulted from a hazardous condition that the employer knew about or should have known about, you might have grounds for a lawsuit.

Labor Law Section 240, often referred to as the “Scaffold Law,” protects workers who are injured due to falls from heights or being struck by falling objects. If your injury involved a ladder, scaffold, or any height-related accident, this law could be a part of your case. Labor Law Section 241 provides additional protections for workers by setting specific safety regulations that must be followed on construction sites. If your injury resulted from any of these regulations being violated, you might be able to sue under New York labor law.

What Damages Can You Recover?

You may be eligible for compensation for all current and future medical expenses associated with your injury. This includes hospital stays, surgeries, medications, rehabilitation, and any ongoing care related to the accident. You may also be able to claim compensation for lost wages if your injury has forced you to miss work while you recovered. In addition, if your injury prevents you from returning to work in the same capacity, you may also be compensated for what you would have earned if you had not been injured.

A lawsuit may also make it possible to recover damages for “pain and suffering,” which is the legal term for the physical pain and emotional distress caused by the accident, and includes the overall impact the injury has had on your quality of life. Additionally, if your injury has affected relationships with your spouse or family, you may also be able to claim damages for “loss of consortium,” which is the loss of companionship and support.

How to Proceed with a Lawsuit

If you believe you have a valid claim, act quickly, as New York has a statute of limitations that limits the time you have to file a lawsuit. You must report your injury to your employer within 30 days of the incident, and you have a 2-year window to file a lawsuit. It’s wise to consult with a construction accident attorney for help with gathering evidence, determining liability, and building a strong case.

If you or a loved one has been injured in a construction equipment accident, contact Bardizbanian & Associates, P.C., today to discuss your legal options and protect your rights.

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