Construction sites, while essential for urban development, are inherently dangerous environments. In fact, construction accidents are not rare occurrences; the very nature of construction work involves substantial risks, from working at significant heights to operating heavy machinery and exposure to hazardous materials.
In 2023, there were 1,075 fatal injuries in the construction sector, a slight increase from 1,069 in 2022. This marks the highest number of workplace deaths in the industry since 2011. New York City recorded seven construction-related fatalities in the same year. At the same time, construction injuries rose by 25% to 692 from 554 in 2022, with worker falls remaining the leading cause of both fatalities and serious injuries.
When accidents happen, understanding your legal rights is crucial. However, numerous myths surrounding construction accident claims can lead to confusion and prevent injured workers from seeking the compensation they deserve. These five common legal myths about construction accidents are debunked to clarify the facts.
1. Workers Can't Sue Their Employers If They Receive Workers' Compensation
Many believe that workers' compensation is the only avenue for injured workers, preventing lawsuits against employers. This is a misconception. While workers' compensation provides benefits regardless of fault, it does not always preclude a personal injury lawsuit.
Suppose negligence on the part of the employer or a third party contributed to the accident. In that case, a worker may have grounds to sue for additional damages beyond workers' compensation. For example, if an employer fails to maintain safe working conditions, leading to an accident, or if faulty equipment from a manufacturer causes injury, a lawsuit might be possible.
It would be a good idea to consult an experienced personal injury lawyer. They can assess your case and explain your legal options in full.
2. Construction Companies Are Always Liable for Accidents
It's often assumed that construction companies are automatically at fault for accidents on their sites. However, liability in construction accidents is often complex and can be distributed among various parties. This can include general contractors, subcontractors, property owners, architects, engineers, and equipment manufacturers.
Moreover, New York operates under comparative negligence principles. That means that if an injured worker is found partly at fault for the incident, their compensation can be reduced proportionally. For example, if a worker is deemed 30% at fault, their recoverable damages might be reduced by the same percentage.
Determining liability necessitates a thorough investigation to identify all contributing factors and responsible parties. Seeking legal advice is crucial for navigating these complexities.
3. Safety Regulations Guarantee No Construction Accidents
While stringent safety regulations are in place to minimize risks in construction, they cannot entirely eliminate accidents. The construction industry is inherently dynamic and hazardous, with ever-present dangers of human error, unforeseen circumstances, and equipment malfunctions.
Safety regulations are designed to mitigate risks and guide safer practices. Still, they are not a foolproof guarantee against all accidents. They serve as a critical framework for risk management, but continuous vigilance, rigorous training, and consistent adherence to safety protocols are paramount to maintaining a safer work environment. Relying solely on regulations without proactive safety measures can leave room for accidents.
4. If You Are Partially to Blame for a Construction Accident, You Can’t Bring a Lawsuit
Thinking that partial fault in a construction accident bars you from seeking compensation is incorrect, particularly in New York. New York's comparative negligence law explicitly allows recovery of damages even if the injured party is partly at fault.
The percentage of fault will reduce your compensation, but it does not eliminate your right to pursue a claim. For instance, if you are deemed 20% liable for an accident, you can recover 80% of the total damages. It's important not to assume ineligibility for compensation based on partial responsibility; consulting an attorney can clarify your rights under comparative negligence.
5. Getting Compensation for Construction Accident Injuries Is Rare
It is a myth that obtaining compensation for construction accident injuries is uncommon. Injured workers have legal rights to claim compensation for medical expenses, lost wages, rehabilitation, and pain and suffering. While it's true that fewer than 5% of personal injury cases, including construction accidents, reach trial, many are resolved through settlements negotiated with the help of experienced attorneys.
Navigating the legal process can be complex, underscoring the importance of engaging a skilled New York City personal injury lawyer specializing in construction accidents. A seasoned personal injury can increase your chances of securing the compensation you deserve.
For expert guidance in New York, consider reaching out to the seasoned attorneys at Newman Anzalone & Newman. Their experienced team can provide the necessary support to navigate your claim effectively.
Expert Representation by Newman Anzalone & Newman
Newman, Anzalone & Newman have been assisting individuals injured in serious accidents since 1978. With their skilled trial lawyers, they have been delivering quality legal representation to accident victims in the New York Metro Area.
Their attorneys handle cases arising from accidents and are committed to helping clients get full compensation for their losses. Suppose you have been involved in a construction accident. In that case, they can evaluate your situation and determine whether you may have recourse to damages beyond workers’ compensation.
The law firm’s expertise covers many classes of personal injury claims and is available 24/7 for a free consultation. Whether you need assistance with medical care, financial support, or simply understanding your legal options, Newman Anzalone & Newman is equipped to help you through every step of the process. Contact them via their site or call 718-866-3796 for personal support to get started.
Understanding Your Legal Rights
Understanding the truth behind these common myths is crucial for anyone working in or connected to the construction industry in New York City. Misconceptions should not prevent injured workers from pursuing their legal rights.
If you or someone you know has been injured in a construction accident, seeking advice from a qualified New York personal injury attorney is essential. For a free consultation and to understand your legal rights, contact Newman, Anzalone & Newman at 718-866-3796. Their experienced attorneys are dedicated to helping victims of accidents in Queens, the Bronx, Manhattan, Brooklyn, and Long Island receive the compensation they deserve.
