Construction Accident FAQs
I was injured while working at a
construction site. Whom can I sue?
Can I file a lawsuit against persons or entities
that caused my injury even if I am collecting workers'
compensation benefits?
What damages are recoverable in construction
accident cases?
Do I need to retain an attorney in a construction
accident case?
How do construction accidents happen?
Are all on-the-job injuries covered by workers'
compensation?
What is the statute of limitation to bring a
construction accident claim in New York?
I was injured while working at a
construction site. Whom can I sue?
You should be able to sue any person or entity whose fault
contributed to your injuries other than your employer. Your
remedy against your employer is limited to workers'
compensation. Your remedy against a general contractor or
owner may be limited to cases where you can prove active
negligence on behalf of these parties. If your injuries were
caused 100% by your own negligence, you may not be entitled to
recovery. Contact Oshman &
Mirisola, LLP today to discuss your unique construction
accident injury claim.
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Can I file a lawsuit against persons or
entities that caused my injury even if I am collecting
workers' compensation benefits?
Yes. If you can establish that someone other than your
employer at the job site acted negligently and contributed to
your injuries, you can still bring a lawsuit although you are
collecting workers' compensation benefits. However, your
workers' compensation carrier may be entitled to get back some
or all of their money out of your recovery against the other
responsible parties.
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What damages are recoverable in
construction accident cases?
If you are injured, through no fault of your own while on a
construction site, you may be entitled to recover damages for:
- Past and future medical expenses,
- Past and future wage loss,
- Past and future pain and suffering, or
- Punitive damages
If the plaintiff dies, his or her survivors are entitled to
recover full compensation for their economic losses that
result from the plaintiff's death, as well as emotional
distress damages which stem from the loss of society care and
comfort of the decedent.
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Do I need to retain an attorney in a
construction accident case?
Yes. Even if you believe that you were partly responsible for
your own injuries or that your employer was solely
responsible, it is generally wise to consult an experienced
construction accident injury attorney. The law in construction
accident cases is complex and you need an attorney who knows
his or her way around construction accident litigation. Contact
Oshman & Mirisola, LLP today to discuss your claim.
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How do construction accidents happen?
Construction site accidents could stem from:
- Negligence of other site workers
- Inappropriate behavior of other site workers
- Defective machinery on site
- Mistakes and negligence caused by drinking or drugs
taken by others
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Are all on-the-job injuries covered by
workers' compensation?
Most are. The workers' compensation system is designed to
provide benefits to injured workers no matter whether an
injury is caused by the employer's or employee's negligence.
There are, however, limits. Contact
Oshman & Mirisola, LLP today for more information.
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What is the statute of limitation to
bring a construction accident claim in New York?
Statutes of limitations restrict the time period that a person
can file a lawsuit. These statutes not only vary by state, but
they also vary by cause of action. The following guide
provides limitations periods for New York for particular
causes of action; specifically, those related to personal
injury, medical malpractice, and products liability claims.
New York's Statute of Limitations
Wrongful Death: A cause of action for wrongful death
accrues on the date of death and must be filed within two
years of that date.
Personal Injury Actions: These actions must be
brought within three years of the date of the injury.
Special Rules for Minors: Except in cases of
wrongful death, a minor has three years from the date of his
or her 18th birthday to file suit. However, New York law
provides that the limitations period can be extended in favor
of minors for more than 10 years after the act giving rise to
the injury occurred, except in cases of medical malpractice or
wrongful death.
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For more information, please see our Construction
Accident page.
Contact us online through our FREE
accident evaluation form if you have any questions about
your claim.
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