Were you or a loved one injured on the job and have questions? Check out these construction accident liability tips, then call our lawyers.
Blamed for a Work Injury
You are always eligible to file a workers’ compensation claim, whether you were responsible for your accident or not. Even if, for example, you fall off a ladder, there are certain provisions within the construction codes in New York State that you may use in your defense. When using a ladder, employers have to make sure that there are certain safeguards in place. If someone is on a ladder, the worker is required to use tie-offs, have someone else holding the ladder, make sure that the ladder is positioned properly, and ensure that the ladder is in working condition. Do not automatically assume that you do not have a claim because you think you may have done something wrong. Many times, there are certain safety standards that the employer, the general contractor, or the owner of the construction site was not following, and this lack of compliance with regulations could lead to a third-party claim, granting you compensation for your injuries in addition to workers’ compensation.
Construction Worker Injury Responsibility
In New York State, you cannot sue your employer directly for injuries that happen on a construction site. However, the case may be different for subcontractors and those who work for a contractor hired by an owner. If your injury is caused by the negligence of somebody else who is not within the employment of your employer, you may have a claim against that employer or the relevant subcontractor.
As stated, according to the Scaffold Law in New York State, general contractors and owners of property have a non-delegable duty to make sure that people are kept safe on a job site when elevated-related work hazards are present or likely. In those situations, you can sue if you are not a direct employee of the general contractor. You can sue both the general contractor and the owner of the property. Those are scenarios in which early attorney involvement can help you to determine where responsibility lies.
Suing Your Employer for Work Injuries
The overwhelming majority of the time, you may not sue your employer on the grounds of negligence. You are restricted to filing a workers’ compensation claim. Sometimes this inability to sue can prove to be a major hindrance; in one of our current cases, a client has been forced to replace one of his eyes due to a workplace injury, and he is unable to sue his employer for a situation that is truly the employer’s responsibility. Unfortunately, he will only be able to file a workers’ compensation claim.
If a third party is at fault for your injury, however, you do have the ability to make a claim against the third party. Workers’ compensation exists to protect employees, allowing them to forego the burdensome responsibility of proving negligence in order to gain some recovery for their injuries.
Download Our Free Construction Accident Guide
Did you or a loved one get injured on the job and have liability questions? After reading these construction accident liability tips, contact the experienced Buffalo construction accident attorneys at Chiacchia & Fleming, LLP for a free consultation. We treat your case and your injuries seriously and do everything in our power to bring you relief.
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