Lawsuits Against Third-Parties After a New York Construction Injury

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.

In addition, the New York workers’ compensation law contains provisions that allow an employer to be held liable through a personal injury lawsuit for “grave injuries” that an employee suffers. In these instances, a third-party may bring the employer into the lawsuit to share liability for the employee’s damages. Grave injuries include permanent blindness or deafness, loss of a nose or ear, permanent facial disfigurement, loss of an index finger or multiple fingers or toes. Further, applicable losses include paralysis, traumatic brain injury resulting in permanent disability, and death.

New York construction site accident cases are often challenging and require a thorough understanding of complex procedural, statutory, and evidentiary laws. The failure to abide by the strict standards may result in a bar to recovering damages and dismissal of an otherwise valid claim. It is important that construction site accident victims contact an attorney to discuss their rights and potential remedies.

Have You Suffered Injuries in a New York Accident?

If you or someone you love has suffered serious injuries or died in a New York construction accident, you should contact the attorneys at the Law Office of Mark A Siesel. Our practice maintains offices located in the Bronx, White Plains, and Peekskill, New York. We handle various types of state and federal personal injury cases involving motor vehicle accidents, construction accidents, slip and falls, medical malpractice, nursing home negligence, and defective products. Through our zealous advocacy, we have obtained countless successful settlements and jury verdicts on behalf of our clients. Often, damages awards include payment for medical bills, ongoing treatment, lost wages and benefits, pain and suffering, and funeral and burial expenses. Contact our office at 914-428-7386, to schedule a free initial consultation with an attorney at our law firm.