New York Accident Lawyer Advice on Best Steps To Take When Construction Injuries Happen

Get The Best Information For Your Rights in Construction Equipment Accidents and Related Injuries

It happens when you least expect it. A piece of equipment malfunctions. A heavy object falls from up above. Scaffolding collapses. Construction workers are exposed to these and many more hazards on the job. That's because they work in temporary structures on the ground and high up in the air. Their workplaces are liberally littered with building materials. If construction tools, equipment or safety devices malfunction, there could be serious injuries.

Some participants in the construction industry emphasize safe working conditions more than they have in the past and some employers have begun to employ safety devices and teach habits that help reduce the risk. Despite these equipment precautions, due to the lack of consistency in their use and the inherent risks in construction, accidents happen. If you are a construction worker, or family member of a worker, you need to know your rights in the event of a construction accident injury.

Top Things To Know When A Construction Accident Happens In New York

When a construction accident happens, seek immediate medical attention. Minor injuries may be treated on site. More serious injuries may require ambulance transport to a medical facility.

You must report the accident to your supervisor and the site safety personnel, if any. The Occupational Safety & Health Administration (OSHA), the federal agency responsible for workplace safety has rules regarding record keeping and reporting of accidents on the job although this author's experience is that such reports are rare. More information on reporting is available at http://www.osha.gov.

With medical attention administered, and your employer and OSHA aware of the incident, the initial suggestions for action are met.

Best Worker's Compensation Advice

If the accident occurred in the course of your employment you are eligible for worker's compensation. This generally is a form of insurance that pays for medical care, other related expenses and usually for lost wages. Each state has its own laws on how such claims are handled.

Employees who collect worker's compensation generally are not able to sue their employers. However, in New York State, while you may not sue your employer, you may bring a lawsuit against the owner of the site and the general contractor even if they had nothing to do with causing your construction accident injury.

For more information on worker's compensation, visit www.WorkersCompensation.com. For information on how to sue, even though you may collect worker's compensation, it is best to contact a New York Personal Injury lawyer.

Lawsuits

Almost every accident has a cause. If you can determine who was at fault, you can file a lawsuit against that individual or business entity. In New York State, victims of scaffold, ladder and other "height related" accidents can bring a lawsuit against owners, general/prime contractors and others who bring about the work on the site even without proof of fault. The purpose of the lawsuit is to fight for compensation for your injuries. For example, if you can no longer work because of the accident, you may be entitled to the equivalent of an annual salary plus benefits for as long a period of time as the proof shows you will not be able to resume employment.

Construction accident cases are very complex. Your construction accident injury claim may involve legal issues regarding liability, compliance with safety regulations, engineering, indemnity and the amount of damages. A lawyer who is experienced in the area of law will help ensure that you receive the legal remedy to which you are entitled.

Depositions

During the process of a lawsuit, you may have to give a deposition. A deposition is a statement made under oath. It is usually done in a lawyer's office before a court reporter. The attorneys representing both sides can ask you questions. The court reporter produces a written transcript of everything said at the deposition.

Witnesses read and sign the transcript, swearing it to be an accurate rendition of the testimony given under oath. If you or any witnesses on your side have to give a deposition in your case, your attorney will prepare you beforehand and defend you during the deposition.

The Expert Witness

An expert witness is someone who has specific knowledge of a particular field that is generally greater than what is known by an average person. While the average person can testify only as to the facts, an expert is usually permitted to give his or her opinion. In a construction equipment accident case, an expert may be called to testify as to the causes of the accident or how the accident occurred.

A Settlement Offer

Some cases go to trial. Others get settled without a trial or what people refer to as "out of court". Settling a construction accident injury case means that you agree to accept money in return for dismissing your claim against the person or entity that injured you. You'll sign documents releasing the other side of any further liability.

To help you decide whether to accept the settlement offer, your personal injury lawyer can best advise you.  He or she will try to provide a realistic assessment of whether the lawsuit has merit, a range of possible verdicts, and how long it may take to get through trial.

Settlement can take place at any point in a personal injury lawsuit. It can happen even after a case has been tried but before a jury reaches a verdict. It can also happen after a trial while the case is on appeal.

Punitive Damages

In addition to compensating victims for injuries, lost wages and future considerations, punitive damages can be awarded. These are additional damages that penalize a defendant for being "reckless."  They are rarely seen in accident cases.

Insurance

Insurance companies like that of your employer may ask you to give a written or oral statement. Check with your personal injury attorney before doing so. You may not be obligated to give a recorded statement. If you do, it may be used against you. Whenever you give a recorded statement, be sure to ask for a copy of the transcript.

Back to Work

You need to support your family. If you're like many people, you will look for a job. Whether you return to work or not as long as there were past lost wages or you do not work in the same capacity, or earn the same amount of money, you can still maintain the right to claim those losses as one part your New York construction accident claim along with other losses you have sustained, including injuries.