Injuries can happen at any moment on a construction site. But getting to the bottom of what happened can be challenging. Construction sites can become chaotic with subcontractors working on separate parts of the project, tools and equipment everywhere, and confusion regarding who is responsible for what. This is an environment where preventable injuries happen far too often. It also makes legal liability for construction accidents more complicated.
Any of the different companies involved in a construction project can potentially be held liable (legally responsible) for an on-site injury. Keogh Crispi, P.C. can help. Here’s what injured workers need to know.
Parties that may be legally responsible for a construction injury
- Site owner: The owner of a construction site, like any other property owner, has a responsibility to maintain safe conditions on their premises. They can be held responsible if dangerous conditions on the property led to an injury. In addition, the owner can be held legally liable if they instructed an employee or contractor to do something that led to an injury.
- General contractor: The general contractor is responsible for overall management of a construction project, including coordinating subcontractors, sourcing materials, and so on. One of the general contractor’s most important responsibilities is site safety. The general contractor can be held liable if their carelessness leads to, for example, a miscommunication that causes an accident.
- Subcontractors: Subcontractors are responsible for individual parts of a construction project, such as plumbing, HVAC, masonry, carpentry, excavation, and so on. Subcontractors can likewise be held legally responsible if their negligence leads to an injury.
- Equipment manufacturers and distributors: Many construction accidents are caused by defective vehicles, tools, or equipment. However, the legal standards that apply to manufacturers for injuries caused by their products are complex and substantially different from the standards for parties actually at work on the site, so it’s important to have an experienced attorney on your side.
- Other parties: Depending on the circumstances, there may be other parties that were not directly involved in the construction project but nevertheless caused or contributed to an on-site injury. For example, some injuries on road work sites are caused by motorists passing through the construction zone.
Pursuing compensation after a construction accident in New York
If you were injured working on a construction site, your path to financial recovery can be challenging. Workers’ compensation covers some of your costs, such as medical care and partial replacement of lost wages, but it is generally less than what you could recover in a personal injury lawsuit.
By law, you can’t sue your direct employer (or a coworker who works for the same employer) for a work injury, but you can sue other third-party entities that may have been involved in the accident. For example, if you work for a subcontractor, you may be able to sue the site owner, general contractor, other subcontractors, or equipment manufacturers.
Of course, those other companies may try to shift the blame onto your employer, who has immunity, or point the finger at each other while you’re caught in the middle. They may also try to downplay the extent of your injuries or blame you for causing the accident. That’s why you need someone in your corner who knows New York law and the legal process. The lawyer you choose can make all the difference.
Attorney Pat James Crispi has extensive experience and a winning track record in high-stakes construction accident cases, including a $4.5 million recovery for a carpenter-laborer whose right foot was crushed in an accident. Give us a call or contact us online for a free consultation with an experienced construction accident lawyer.
“Pat Crispi is definitely the kind of tough-as-nails attorney that you want on your side when dealing with insurance companies or anyone else. I have worked with Pat more than once over the years. Each time he has been incredibly helpful, reliable, and professional. Based on my years-long experience of working with Pat and his team, I would highly recommend their legal services to anyone.” – Ahmad S., ⭐⭐⭐⭐⭐