Construction Accidents Lawyers in Long Island, New York: Should You File a Lawsuit or a Workers’ Comp Claim?
After a construction accident Lawyer in Long Island, New York victims face a number of issues, expenses, and psychological problems. They may be spending most (or all) of their time in a hospital, getting treatment for serious injuries. They might also be forced to miss work, and this is never a good thing when medical bills continue to pile up. Finally, they may be frightened or anxious about the possibilities of the future, wondering how their lives might be irrevocably altered by their construction accident. In the midst of all of this, it can be difficult to even consider the complexities of legal action. It can be even more difficult to make important choices, such as the decision of whether to sue or file a workers’ comp claim.
In some cases, this is not really a decision at all, since only one option will be possible. In some situations, both options may be possible. The obvious way to approach this situation is to get in touch with a qualified attorney on Long Island who has experience with both personal injury lawsuits and workers’ comp claims. One such option is the Law Office of Frank A. Cetero. We can examine your unique situation and recommend the best possible route forward. With our help, you can eliminate confusion and complexity while focusing on the healing process.
Were You a Worker or a Passer-By?
The first question you need to ask is whether you were a worker or an innocent member of the public when you suffered your construction site injury. If you were “on the job” as a worker at the construction site, the obvious option is to file a workers’ comp claim. If you were passing by the construction site when you were injured, you need to file a personal injury lawsuit instead. Only workers can file personal injury lawsuits, and in fact, many are forced to do so after workplace injuries with no option to sue.
How might someone walking past a construction site become injured? There are almost endless possibilities. In fact, members of the public can be injured in a number of different ways by construction sites – even if they weren’t walking past at the time of the accident. Here are some of the most common possibilities:
- Falling Objects: Falling objects are unfortunately common in construction sites across the world. These situations are dangerous at any distance, whether the object falls from a skyscraper or scaffolding just above a walkway. Objects may fall for several reasons, but these accidents are almost always caused by negligence. For example, loose objects at heights must be secured with netting or other methods. Pedestrians must also be protected by solid, durable roofs.
- Crane Collapses: A member of the public may be impacted by a crane collapse even if they are not walking past at the time of the accident. For example, someone might be sitting in their living room in an adjacent apartment when a crane collapses onto their building, causing catastrophic injuries and property damage. Even cars driving past the construction site may be affected by crane collapses.
- Explosions and Fires: Construction companies often work with all kinds of flammable and explosive materials. Not only can explosions injure people with raw concussive force, but they can also cause a variety of health issues due to toxic exposure and fumes.
- Slips and Falls: A person walking past a construction site is vulnerable to a variety of slip hazards. For example, the pedestrian walkway might be covered in snow or ice, causing people to slip and injure themselves. A walkway may also be covered in spills or debris that causes slip hazards.
- Struck by Equipment: Pedestrians can easily be struck by equipment while trying to walk past the construction site. Excavators, forklifts, steamrollers, and other small construction vehicles may suddenly reverse or turn into the path of pedestrians, causing serious injuries or even fatalities.
- Struck by Vehicles: In some cases, pedestrian walkways force innocent victims into the path of oncoming traffic. This is largely due to poor planning and inadequate safety protocols on the part of the construction company. No contractor should ever redirect pedestrians into traffic simply because they need more space to work.
Who Caused the Injury?
If you were injured as a worker on a construction site, you also need to ask yourself who caused the injury. If it was your own employer, you would have no choice but to file a workers’ comp claim. But if the injury was caused by a third-party contractor working alongside your company, you may have the opportunity to sue the third party directly. For example, you might be working as a general laborer for a construction contractor. What happens if a third-party electrician company comes in for a few days and causes a fire? If you were injured by this fire, you may have the opportunity to sue this third party directly.
The Scaffold Law
Last but certainly not least, you need to ask yourself how the injury occurred. If the injury had anything to do with a “gravity-related” incident, you can hold your employer and the property owner fully liable for your damages. This is due to a unique New York state law called the Scaffold Law.
We Also Represent the Following Practice Area in Long Island:-
- Auto Accident
- Bicycle Accident
- Pedestrian Accident
- SSDI Claims
- Slip and Fall Accident
- Truck Accident
- Uber and Lyft Accidents
- Workers Compensation
Where Can I Find a Lawyer on Long Island Who Can Help After a Construction Accident?
If you have suffered injuries in a construction accident, one of your first steps should be to get in touch with an experienced personal injury attorney in Long Island. Choose the Law Office of Frank A. Cetero, and you can approach this difficult situation with confidence. We know that you must have many important questions after such a life-altering event. During your first consultation with us, we can answer these questions and provide you with a sense of knowledge and reassurance. From there, we can assess your unique situation and determine the best possible route forward, whether that involves a workers’ comp claim, a personal injury lawsuit, or both. Book your consultation today to get started with an effective action plan.
