An employer or a third party can be liable for a non-union construction accident in New York. The state’s workers’ compensation system may provide a non-union construction worker with money they can use for the costs of treating their accident injuries and other losses. Alternatively, this worker may have to file a lawsuit if they want to get money from a liable party.
Seek legal help if you are unsure who is liable for your non-union construction accident in NY. Discuss your case with a Long Island construction accident lawyer. From here, your attorney will evaluate your case and explain your legal options. Depending on the circumstances of your case, your lawyer may advise you to proceed with a personal injury lawsuit.
When Is an Employer Liable for a Non-Union Construction Accident in NY?
An employer can commit a careless or reckless act, leading to a construction accident. If you’re a non-union worker injured in this accident, you could have grounds for requesting compensatory damages from your employer.
Most employers in New York have workers’ compensation insurance. Union and non-union construction workers may file a workers’ comp claim if they get injured in an accident. The claim may allow a construction worker who gets hurt on the job to receive money for their medical care costs, lost wages, and other injury expenses.
Even if workers’ comp is available, you may not get enough money from it to cover all of your construction accident losses. As such, it is beneficial to have an experienced Long Island work injury lawyer on your side. Following a construction accident, your attorney can determine if a personal injury lawsuit against your employer is warranted and, if so, assist you with your case.
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How Can a Third Party Be Liable in a Non-Union Construction Accident in New York?
If a third party acts negligently, they can cause a construction accident and be held responsible for all associated losses. Below are details about some of the third parties that can be liable for a non-union construction accident and why you may be able to ask for economic or non-economic damages from them.
Property Owner
It is reasonable to expect a property owner to maintain safe premises. Otherwise, if you are exposed to hazardous work site conditions, you can get into an accident and suffer injuries. Consult with a non-union construction accident attorney if you are injured because of a property owner’s negligence. Then, your lawyer can start building a case against this property owner.
General Contractor
A general contractor can be responsible for the overall safety of a construction site. If a construction site accident happens as a result of unsafe conditions, the contractor can be at fault and have to cover the losses of non-union construction workers and others involved.
Equipment Manufacturer
To do your job safely, you need a crane, excavator, or other construction equipment to work properly. If faulty equipment leads to your construction accident and injuries, you may have a case for pursuing compensation from the manufacturer.
Following a non-union construction accident in New York, the state’s Civil Practice Law and Rules (CPLR) give you a limited window for filing a lawsuit against these and other third parties. Per CPLR 214(5), you have three years to seek damages as part of a personal injury claim. If this window closes, you are responsible for your injury losses.
Who Is Liable in a Non-Union Construction Accident in NY if I Am Partly to Blame?
Multiple parties can share the blame for a New York non-union construction accident. If you are partly responsible for your construction site accident, meet with a personal injury lawyer who has a track record of helping clients achieve outstanding case results. Your attorney will learn about your accident and can take legal action on your behalf against any responsible parties.
In the State of New York, you may get workers’ compensation benefits, regardless of whether you are liable for your construction accident. Or, if you file a lawsuit, you can still recover damages if you are partly at fault for your construction accident. This is due to New York’s pure comparative negligence rule.
With pure comparative negligence, you can be partially responsible for your construction accident and get compensation from other liable parties. This means you can receive damages if you are 1-99% at fault for your accident losses.
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Partner with an Attorney Who Will Identify Any Parties Liable for Your Non-Union Construction Accident in New York State
As a non-union construction worker in New York State, you will face many challenges as you deal with losses after a work accident. Ultimately, you may not be held responsible for your losses. Speak with a non-union construction accident lawyer. At this point, your attorney can find out who is to blame and hold them accountable for their actions.
Chaikin Trial Group Personal Injury Lawyers has more than 50 years of combined experience and has obtained over $100 million in compensation for our clients. Our personal injury lawyers demand the highest recovery possible for non-union construction accident victims and many others. For more information, schedule a case consultation with us.
Call or text (212) 977-2020 or complete a Free Case Evaluation form