After the transportation industry, the construction industry has the most workplace fatalities each year according to the Bureau of Labor Statistics, or BLS. Anyone who works in the construction industry knows how dangerous a construction site can be. A number of factors go into making constructions sites dangerous, meaning that if you are injured in a construction accident there may be more than one negligent, or at-fault, party. For this reason, a common question asked when an individual is injured in a construction accident in Queens is "Who can I sue if I was injured in a construction accident?"
In Queens, New York, you may have a workers' compensation claim and/or you may be able to sue a third party for your injuries. It's imperative that you contact SIMON & GILMAN, LLP right away to determine and assess your rights and claims.
If you were working as an employee at the construction site at the time of the accident, you may have a valid workers' compensation claim. The workers' compensation system is a no-fault system, meaning that you are not required to prove that your employer did anything wrong to be entitled to benefits. In a construction site accident, however, it is possible that someone was, in fact, negligent. If a third-party caused, or contributed to, your injuries you may be able to sue the third-party in lieu of, or in addition to, filing for workers' compensation benefits.
Imagine, for example, that you were working at a construction site when an employee from another construction company dropped a load that was being moved with a crane. As a result, you were injured when a steel beam hit you. If you were working in the normal scope of your employment at the time you could file a workers' compensation claim; however, you may also be able to sue the company responsible for operating the crane at the time of the accident for negligence.
Although each accident presents a unique set of facts and circumstances, some of the possible defendants in a construction accident in Queens include:
- General contractor
- Companies working at the site other than your own employer
- Employees working for companies other than your employer
- Owner of the property
- Property manager
- Manufacturer of equipment used at the site
- Maintenance or repair companies
The benefit to being able to file a third-party lawsuit is that workers' compensation does not always cover all the costs associated with an injury. In addition, workers' compensation does not compensate an injured worker for pain and suffering as a third-party lawsuit may do.