The construction industry remains a major employer of workers in Nyack and throughout the greater New York City area. Whether you work to restore old buildings, erect new construction, or are involved in demolition, you deserve the right to be able to support your family while feeling safe. Sadly, injuries that occur on construction sites are common. While all workers who suffer these injuries may seek out compensation for losses through a workers’ compensation claim, it may also be possible to obtain separate compensation through a personal injury lawsuit.
A Nyack construction accident lawyer helps injured workers evaluate their right to demand compensation through civil lawsuits. These could include actions against the makers of fault equipment, fellow workers for extreme negligence, and even an employer if they did not provide proper safety equipment or training.
One common question that injured workers often have is about how they can collect compensation after a workplace injury. For all employees in the construction industry, they have the right to demand payments through a workers’ compensation claim. In addition, a personal lawsuit may also be appropriate. It is important to understand how these cases differ.
A workers’ compensation insurance plan operates on a no-fault model. This means that a worker can collect compensation for an injury even if that injury was the product of their own carelessness. By contrast, a personal injury case must center around the idea that another party was negligent in allowing an injury to occur. This means that a worker must prove that another person or company was at-fault for the incident.
These types of cases also differ in the types of compensation that a worker may receive. Workers’ compensation cases only allow for the payment of medical costs and partial reimbursement for lost wages. A civil case can function as a way to obtain the remainder of one’s lost income, as well as seek out payments for emotional traumas and other reductions in a person’s quality of life. A Nyack construction accident attorney could provide more information about how these two legal actions operate and guide employees down the correct path.
Employers obtain workers’ compensation insurance to protect themselves against lawsuits that result from employee injuries. In fact, state law requires them to obtain these policies for workers in the construction industry. Even so, these policies do not provide blanket coverage for all incidents that affect workers. Certain situations could leave an employer personally liable for the losses of workers. This can include situations where gross negligence led to an injury, such as:
A lawyer could carefully evaluate the actions of employers leading up to an injury.
It may also be possible to pursue a lawsuit against the makers of defective equipment and gear. If an injury was the result of failing machinery or scaffolding, the makers of these items might be responsible for the resulting injuries under the theory of product liability. Regardless of the identity of the parties who are liable for an injury, New York Civil Practice Law & Rules § 214 gives people only three years after the date of an incident to demand compensation.
Injuries are common in the construction industry. Even if the incident was partially your fault, you should be able to collect compensation through legal action. However, the law may also hold your employer, co-workers, or even the makers of equipment liable for your losses. A successful lawsuit against these parties could help fill the gaps left behind in a workers’ comp claim.
A Nyack construction injury lawyer is ready to take the lead in pursuing these lawsuits. We can fully evaluate your experience to determine if another party may be liable for the remainder of your losses, then demand fair payments both in and out of court. Reach out to our team now to discuss your case.