Do I Have a Construction Accident Claim?

If you’ve been injured on or near a construction site, you may be entitled to monetary damages for your out of pocket medical expenses, lost earnings, pain, suffering and mental anguish. Construction sites are dangerous and there are many laws, regulations and customs that must be followed to ensure the safety of workers, bystanders and guests on the site. When an accident occurs, the legal options can be very complex, so it’s important to speak to an experienced NYC construction accident lawyer as soon as possible.

Is Workers Compensation an Exclusive Remedy?

The lion’s share of victims of construction accidents are workers on the site. New York law prohibits most lawsuits by workers against their employers, making workers compensation an exclusive remedy. That said, there are exceptions to this rule, third party claims and claims under Labor Law that may allow a worker to collect much more than just workers compensation. That’s why it’s important to consult with a Queens and Brooklyn personal injury attorney that has experience with construction accidents before jumping to this conclusion.

Bystander Claims

There’s hardly a street in New York City that doesn’t have at least some type of construction or renovation in progress. That’s why the City has so many rules that require construction projects to build sidewalk bridges, fences and other structures that keep people safe. When you’re injured due to debris, uneven pavement or something falling from a construction site, you can make a claim against the responsible parties. Construction companies are a maze of contractors, sub-contractors, lessors, lessees and other parties, so finding the right parties to sue is an art in itself. That’s why it’s important to choose a NYC Construction accident attorney with enough experience to get the job done right.

Guests on a Site

If you’re a building inspector, food delivery worker or any other guest that’s injured on a construction site, you can sue the responsible parties even though you were in the course of your employment. This is because you weren’t working for the construction company, so they are not your employer. In such cases, it’s important to also consider your workers compensation claim in addition to your third-party claim, especially if you will be losing time from work. An experience Queens and Brooklyn personal injury attorney will know to properly guide you in this area.

How Wittenstein & Wittenstein can help

Wittenstein & Wittenstein have extensive experience in handling construction accident cases and personal injury cases in New York City. We have been helping clients get justice and compensation for the last 60 years. We will do a detailed investigation, collect all the evidence, do the necessary filing and negotiate on your behalf with the insurance company to get the maximum amount of compensation. Feel free to contact us for free case review and consultation at 718-261-8114.


2023-11-08T07:36:11+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.