How to File an NYC Construction Accident Claim
If you want to file a construction accident claim in NYC, you must know where to start. Luckily, that is where a construction accident attorney can help. The process of filing a New York City construction accident claim will depend on where and why you suffered a construction injury.
For example, a construction worker injured on the job will likely recover through a workers’ compensation claim. In contrast, someone injured by negligence on a construction site may seek compensation through a personal injury claim against the negligent party. Alternatively, if a defective product causes a construction accident, you may need to file a claim against the product manufacturer or distributor.
As you can see, construction accidents happen in many different circumstances. A construction accident attorney can review the facts of your case to determine who may be liable for your losses. If you suffered injuries in a construction accident, contact Glugeth & Pierguidi, P.C., today so we can start reviewing your case.
Types of Construction Accidents
The Centers for Disease Control and Prevention (CDC) reported that approximately 11.4 million Americans worked in construction in 2019—an increase of 25% since 2011. Construction sites often contain numerous pieces of equipment, unacquainted workers, and heavy machinery. These items can combine for a very dangerous combination. Common types of construction accidents include:
- Falls,
- Electrocutions,
- Struck-by accidents, and
- Caught-by and caught-in-between accidents.
According to OSHA, approximately 65% of the construction industry performs work on scaffolds. Approximately 401 workers died due to falls out of the 991 construction fatalities recorded in 2019.
Electricians work on nearly every construction site because most projects will eventually require electrical installation. Working with live wires can cause electrocutions or burns if safety procedures are not followed. In 2019, 79 workers died from electrocution.
Another leading cause of death among construction workers is being struck by an object. Large pieces of machinery or vehicles may unintentionally collide with a worker and cause their death. Struck-by incidents took the lives of 170 workers in 2019.
Finally, construction workers face the risk of getting caught by a piece of machinery or in between multiple heavy objects. Records show that 59 workers died due to this type of accident in 2019.
Types of Construction Accident Claims in New York
How you file a construction accident claim in NYC depends on who caused your injury. In some cases, your employer may cover the costs of your losses. If a negligent party caused your injury, you might be able to hold them personally liable for your damages.
If you suffered an injury in a construction accident, contact our office to schedule an appointment with an attorney.
Workers’ Compensation Claims
If you work on a construction site and suffer an injury in the course of your employment, you typically cannot file a lawsuit against your employer. However, you can file a workers’ compensation claim to reimburse you for a portion of your lost wages and your medical expenses incurred due to the injury. Unlike a personal injury claim, you do not have to prove your employer was negligent, only that you got hurt in the context of your job.
Personal Injury Claims
If someone other than your employer or its employees, like a third-party contractor or vendor, caused your construction accident injury, you can file a personal injury claim against the responsible party. To prevail in a personal injury claim, you must prove the other party was negligent. Negligence consists of four elements:
- Duty,
- Breach of duty,
- Causation, and
- Damages.
An experienced construction accident attorney can demonstrate all of these elements and build a strategy that shows the strength of your case.
Product Liability Claims
If a piece of machinery or equipment malfunctions and causes an injury, you might be able to bring a product liability claim. The most common defects in products include (1) manufacturing defects, (2) design defects, and (3) warning or label defects. For example, a ladder may have been manufactured with defective rungs that result in injury to users. Or a tool may just be poorly designed in such a way that makes it dangerous to use. Alternatively, a piece of equipment might lack basic warnings to alert workers of the dangers one might encounter in using it.
If a defective product caused your construction accident, contact an attorney at Glugeth & Pierguidi today.
Injuries Suffered in Construction Accidents
The type and severity of your injury will likely affect the value of your construction accident claim. Some of the injuries that frequently happen in the construction industry include:
- Concussions,
- Broken or fractured bones,
- Amputated limbs,
- Spinal cord injuries.
- Back injuries,
- Internal bleeding,
- Traumatic brain injuries, and
- Bruises and lacerations.
More severe injuries will typically require more intensive medical care, which results in costly medical bills. If you or a family member suffered injuries in a construction accident, contact an attorney at Glugeth & Pierguidi.
Contact Glugeth & Pierguidi Today to Discuss Filing a New York City Construction Accident Claim
At Glugeth & Pierguidi, attorneys David Pierguidi and Jared Glugeth understand the disadvantages impacting you and your family after a construction accident. We will connect you with medical professionals to evaluate your injuries and gather evidence to prove your case.
With over thirty years of combined experience in the courtroom, David and Jared have what it takes to prepare intelligent case strategies to emphasize the strengths of your claim.
David possesses years of courtroom experience advocating for individuals harmed by someone else’s negligence. Meanwhile, Jared tries a variety of different personal injury cases, including construction accident cases. In fact, Jared recently recovered $5.75 million for a client in a construction accident case. For six consecutive years, Jared was named to the Super Lawyers Rising Stars List, a rating reserved for lawyers who have attained a high degree of peer recognition and professional achievement.
Our primary goal is to pursue justice and compensation for our injured clients. We know what it takes to protect your rights and recover a favorable outcome in your case. Contact our office online or by phone today to schedule a free initial consultation.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
Loading...
