Huntington Construction Accident Lawyer
When construction workers report to their job sites, they expect to be work in a safe environment. Yet the U.S. Bureau of Labor Statistics states that the construction industry reports more work-related injuries than other fields. If an on-the-job construction accident left you with expensive medical bills and physical pain, you could be entitled to compensation for your injuries. Let an experienced Huntington construction accident lawyer evaluate your situation to see if you could have a valid legal claim against your employer or another party.
Common Types of Construction Accidents
Employers are responsible for the wellbeing of their employees and should take proper safety precautions and protocols to ensure that construction workers are protected against a construction site’s potential dangers. Even with reasonable safety protections, accidents still occur. The most common types of construction accidents that cause injuries to workers are:
- Falls, especially from ladders, scaffolds, or roofs
- Objects falling onto workers’ heads
- Gas explosions
- Inhalation of dangerous gases
- Repetitive motion injuries
- Defective or unsafe tools and equipment
- Building collapses
Who Could be Liable for a Construction Accident in Huntington?
An experienced local lawyer could examine the job site records to see if proper safety procedures were in place and being followed when the accident occurred. This way, they could investigate to see who might be at fault for the accident. Cases involving construction accidents can be complicated because more than one party could be held liable for the accident, such as the construction firm, engineer or builder in charge of the construction site, the architect who designed building, the owner, or a third-party, such as a subcontractor. An injured construction worker could potentially file a workers’ compensation claim against their employer, as well as a personal injury suit against another party.
Workers’ Compensation Laws
When an employee suffers an injury while at work or during their employment, federal or New York workers’ compensation laws will most likely apply. Huntington follows a no fault and no blame system, meaning that an injured employee does not need to prove the employer did anything to cause the accident, only that the accident occurred while at work or resulting from their job duties.
Once an injured person receives workers’ compensation benefits, they are prohibited from suing their employer privately for additional damages unless the employer intentionally caused harm. However, injured workers are entitled to pursue claims against third parties.
There are often many parties working on a construction site at the same time, so sometimes third parties could have caused an employee’s injuries. For example, if falling debris dropped by a careless subcontracting painter falls onto a construction worker, causing them to sustain a serious head injury, the victim could bring a third-party claim for negligence against the painter.
Before settling a third-party action, the injured worker must obtain the consent of their employer’s workers’ comp insurance company. In addition, if the workplace injury suit is successful, the workers’ compensation insurance company is entitled to reimbursement for any benefits they had given once a third-party is proven liable for the accident. The insurance company which provided benefits beforehand would receive their reimbursement money from the settlement or jury verdict.
It is important to note that independent contractors in Huntington are not eligible for workers’ compensation benefits. If an independently working construction worker sustains an injury, they could pursue a claim for negligence against the party that caused them harm, if they wish to seek compensation.
Call a Huntington Construction Injury Attorney As Soon As Possible
If an incident has left you injured and unable to work, you could reach out for legal assistance to see if you are eligible to receive financial compensation for your injuries. Cases involving construction injuries are complex and require a detailed understanding of the federal and state legal procedures. A dedicated Huntington construction accident attorney could work with you to get you the compensation that you deserve. Call today to learn more