New York Construction Accident and Personal Injury Blog

When to Sue for a Construction Accident

Posted by Dennis R. Smith, Esq. | Feb 12, 2024 | 0 Comments

Were you injured in a construction accident and wondering whether you can file a civil lawsuit? 

When an employee gets hurt in a construction accident, the employer or state's workers compensation insurance often compensates for the medical bills, lost wages, and any permanent or temporary disabilities. However, workers comp does not cover other damages that may arise, such as pain, emotional distress, and how the accident might affect your loved ones. 

So, when can you sue for a construction accident, even after collecting workers compensation?

When Faulty Equipment Caused Your Injuries

If equipment, ladders, scaffolding, forklifts, cranes, or heavy machinery that you were using in its intended way caused a construction accident, you might have grounds for a product liability lawsuit. The equipment might have had a manufacturing or designing defect that caused the malfunction that in turn caused injuries. 

Some possible liable parties include manufacturers, designers, marketers, or the dealership that sold equipment parts. Consider working with a construction injury lawyer to help you pinpoint the negligent person.      

When You Were Exposed to Toxic Substances

Construction employees can work with a lot of chemicals, including those that are harmful to human beings. If you were exposed to toxins such as silica, benzyne, or asbestos during your work in a construction site, which caused injuries, you may qualify to file a toxic tort lawsuit.

Your construction accident attorney may have to prove that the defendant knew about the exposure and didn't take appropriate measures or that the protective gear that was provided had a manufacturing defect.  

When Insurance Denies Your Claim in Bad Faith

Insurance bad faith can occur when a work comp insurance carrier denies your claim, unjustly delays, or fails to pay out without plausible reason. 

When this happens, you might be able to recover your initial compensation, as well as any damages that you've suffered due to the insurance company's unjust actions.  

In Cases of Premise Liability

Imagine this: You are descending a flight of stairs in a construction site when you trip on a loose step and fall. The owner had hired you to repair the building's electricity. 

If the property owner had not warned you or mentioned the faulty stairs that they were well aware of, you might have grounds for a premises liability suit.  

When Third Parties Are Involved

While workers compensation bars you from suing your employer for negligence, you can file a construction accident lawsuit against other liable third parties that were at fault. 

In a construction site, other possibly negligent parties might include engineers, suppliers, architects, construction managers, site owners, fellow employees, and so on. 

When the Employer Doesn't Have Workers Compensation

Most states, including New York, require employers to carry workers comp insurance require employers to carry workers comp insurance for their employees. Failure to do so can result in hefty fines and denial of a business permit. If you've suffered an accident at work on a construction site and your employer does not have insurance, you may be eligible to sue them for your damages. 

Reach Out to a Construction Injury Lawyer

Navigating the aftermath of a construction accident and understanding your legal options can be daunting. Consulting with a construction injury lawyer is a critical step in determining whether your situation warrants a civil lawsuit, in addition to workers' compensation claims. A lawyer can offer comprehensive legal advice, tailored to the specifics of your case, and help pursue the full range of compensation you deserve for your suffering.

The Law Offices of Dennis Smith, PC concentrates in assisting individuals injured in construction accidents. Our experienced attorneys are prepared to evaluate your case during an initial, no-obligation consultation. If you believe your construction accident injuries warrant further legal action, contact us at (212) 680-4280 or fill out our online form. Let us help you navigate your legal rights and secure the compensation necessary for your recovery and well-being.

About the Author

Dennis R. Smith, Esq.

DENNIS R. SMITH, ESQ. Helping victims of construction accidents, personal injuries, premises liability accidents, car accidents, truck accidents, and many other accident types across Long Island and New York City. Founding attorney Dennis Smith is success-driven and provides honest, reliable legal services to injury survivors in need. Accountability is key, and it’s our goal to ensure that those who hurt you are brought to justice.


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