Filing a New York Construction Accident Lawsuit

Construction can be a dangerous industry, which is why it is so important for employers to make worker safety their number 1 priority. Over the course of a 45-year career, a construction worker has a 75% chance of suffering a disabling injury, according to research by the Center for Construction Research and Training.

When employers don't prioritize workplace safety, hardworking New Yorkers can be badly injured in construction accidents. These injuries can result in costly medical bills and time away from work. If you or someone you love has been injured at work, an experienced attorney can help you file a construction accident lawsuit to recover compensation for the damages you've suffered.

You may have unanswered questions about what type of accidents you can sue for and what the process of filing a lawsuit with a construction accident lawyer is like. Below, we'll try to answer your questions so you can stop worrying and learn what steps to take next.

The construction accident attorneys of Block O'Toole & Murphy have won more results exceeding $1,000,000 than any other law firm in New York every year since 2012. To receive a free, no obligation legal consultation, call 212-736-5300 or fill out our contact form.

Types of Construction Accidents

Construction work often involves heavy machinery, powerful tools and high elevations which create a potential fall hazard. When proper safety protocol is not followed, these potential hazards can cause accidents such as:

These are only a few of the most common types of construction accidents. If you were injured in a construction accident due to somebody else's negligence or incompetence, there may be compensation available to you in the form of a lawsuit.

What Should I Do If I'm Injured?

Any time you are injured in an accident, the most important thing is your health. Never try and 'tough out' an injury or try to hide your injury from your employer. Some injuries take time to develop, and even if you don't think you're seriously injured, complications could develop down the line. When it comes to your health, it's always better to be safe than sorry.

You also need to inform your employer of the injury in a timely manner so that an official report can be made. If you do not promptly report your injury, it creates the opportunity for a liable party or insurance company to deny your injury occurred at work, rather than somewhere else. Reporting the incident quickly and accurately creates a paper trail that is important in a lawsuit.

If possible, two other things you could do to support your version of events is take a picture of the accident scene and gather the contact information of coworkers who witnessed the accident. Taking a picture of the accident scene can definitively show what the working conditions were at the time of the incident. Likewise, securing the contact information of coworkers can do the same and possibly save your attorney valuable time down the line.

Who Can I Sue?

Generally speaking, construction accident lawsuits can be filed against a third party that is responsible for your injury, whether it is a general contractor, property owner, equipment manufacturer or subcontractor. Note that, because of workers compensation laws, you cannot directly sue your employer, with very few exceptions.

You should always consult an experienced attorney, however, before coming to any conclusions about whether or not you can file a lawsuit. For example, a general contractor or property owner could be held responsible for not informing workers of a known hazard, even if they were not directly involved in the accident.

In the event your accident involves heavy machinery, such as a crane or forklift, or powerful tools, such as a nail gun or welding torch, it's possible that a manufacturer defect is responsible. A lawsuit for an injury caused by defective equipment is known as a product liability lawsuit.

Workers in New York sometimes ask whether or not a lawsuit can be filed against a government agency. The answer is yes, if a government agency is identified as the entity responsible for causing your accident, they can be sued just like any other liable third party.

Statute of Limitations for New York Lawsuits

A personal injury lawsuit in New York must be filed within three years of the accident. If somebody was tragically killed in the accident, the lawsuit becomes a wrongful death claim, in which case the statute of limitations drops to two years.

Note that while you can sue a government agency in New York, these types of claims may need to be filed within a shorter 90-day window from the date of the accident, depending on the agency involved.

In any case, if you are injured in a construction accident, you should notify your employer right away, and contact an experienced attorney as soon as possible to find out if you qualify for a lawsuit.

Filing a Construction Accident Lawsuit

If you or someone you love has been injured in a construction accident, you should act quickly so you can secure any compensation that might be available. The experienced personal injury attorneys of Block O'Toole & Murphy have demonstrated their expertise litigating construction accidents such as:

To receive a free, no-obligation case review, call us at 212-736-5300. We are proud to serve all of New York and New Jersey.