Construction sites are inherently dangerous environments. Despite stringent safety regulations, accidents still occur, often resulting in severe injuries or even fatalities. In New York, when a construction accident happens, injured workers typically turn to workers' compensation for medical expenses and lost wages. However, there are instances where workers' compensation may not be sufficient, particularly when a third party's negligence contributed to the accident. In such cases, filing a third-party claim can be a crucial step for the injured worker to receive full compensation.

Understanding Third-Party Claims

A third-party claim is a legal action brought against an entity other than the employer that is partially or fully responsible for the worker's injuries. Unlike workers' compensation claims, third-party claims enable the recovery of extra damages, including pain and suffering, loss of consortium, and punitive damages. This can be essential for covering the long-term impacts of serious injuries.

Common Third Parties in Construction Accident Claims

In construction accidents, several potential third parties could be held liable:

• General Contractors and Subcontractors: These parties may be responsible for ensuring safety protocols are followed on-site.
• Property Owners: Are responsible for maintaining safe premises and can be held liable if unsafe conditions cause an accident.
• Equipment Manufacturers: The manufacturer can be sued for product liability if defective equipment causes an injury.
• Architects and Engineers: Their negligence in design or inspection can also lead to accidents.

Key Statistics

• The Occupational Safety and Health Administration (OSHA) reports that falls, being struck by objects, electrocutions, and caught-in/between incidents are the leading causes of construction fatalities, known as the "Fatal Four."
• In 2022, there were over 1,000 fatal injuries within the construction sector, according to the Bureau of Labor Statistics, and many more non-fatal incidents resulting in severe injuries.

Steps to Filing a Third-Party Claim

Filing a third-party claim after you have been in a construction accident involves several steps. Understanding and following these steps can greatly impact the outcome of your claim.

1. Seek Immediate Medical Attention

Your health is the top priority. Getting medical attention right away not only keeps you safe but also gives you important records of your injuries.

2. Report the Accident

Notify your employer about the accident as soon as possible. This initiates the workers' compensation process and creates an official record of the incident.

3. Consult with a Construction Accident Attorney

Engaging an experienced attorney is crucial. They can investigate the accident, identify liable third parties, and help you navigate the challenging legal system.

4. Gather Evidence

Collect as much evidence as possible, including:

• Accident Reports: Official reports from your employer and any investigations conducted.
• Medical Records: Keep detailed records of your treatments and injuries.
• Witness Statements: Testimonies from coworkers or bystanders who witnessed the accident.
• Photographic Evidence: Take videos and photos of the accident scene, injuries, and any relevant equipment or conditions.

5. File the Claim

Your attorney will draft and file the third-party claim, making sure that all legal requirements are met and deadlines are adhered to.

Potential Damages in a Third-Party Claim

Unlike workers' compensation, which is limited to medical expenses and lost wages, a third-party claim can include:

• Pain and Suffering: Compensation for physical pain and emotional distress.
• Loss of Consortium: Damages for the impact of the injury on the victim's relationship with their spouse.
• Punitive Damages: In instances of gross negligence, these damages punish the responsible party and deter future misconduct.
• Future Earnings: Compensation for lost future earning potential resulting from long-term or permanent disability.

Challenges and Considerations

Filing a third-party claim involves several challenges:

• Proving Negligence: Establishing the third party's negligence is crucial. This requires a thorough investigation and often expert testimony.
• Statute of Limitations: In New York, the statute of limitations for personal injury claims is three years from the date of the accident. However, specific circumstances can alter this timeframe.
• Workers' Compensation Lien: If you receive workers' compensation benefits, the workers' compensation insurer may place a lien on any third-party recovery. This means a portion of the settlement or award might go back to the insurer.

Conclusion

Construction accidents can be life-altering, but victims have legal avenues to seek comprehensive compensation. Filing a third-party claim in New York can provide the necessary financial support to cover extensive medical bills, lost wages, and other damages. By understanding the process and working with a skilled attorney, injured workers can significantly enhance their chances of a successful claim and receive the compensation they deserve.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.