Construction sites are necessary for the growth and prosperity of New York; however, they are also some of the most dangerous workplaces. New York construction site accidents take the livelihood and lives of many workers every year. Despite the harrowing realities of construction site accidents, workers’ compensation laws limit how much an employee can recover against their employer. However, many accidents stem from more than one party’s negligence, and in these cases, construction site victims can file a third-party lawsuit against the liable party.
For instance, a recent New York excavator accident illustrates a situation where a third-party may be responsible for the worker’s death. In that case, a worker died after his excavator flipped into a river, trapping the man in bitterly cold waters for hours. Emergency crews’ efforts to rescue the man were unsuccessful, and the man succumbed to his injuries. Police reported that the excavator toppled when it got close to the water. An investigation is ongoing; however, the company involved did not comment on the accident. Occupational Safety and Health Administration (OSHA) records indicate that the company has a prior incident report.
Negligent third-parties may include property owners, contractors, and subcontractors. Additionally, in situations where the accident stemmed from defective equipment, the equipment manufacturer might be liable. Further, in New York, many third-party construction accident claims stem from electrical accidents, scaffolding incidents, untrained workers, and defective safety equipment.