Long Island Site Debris Lawyer

Debris around a construction site is often unavoidable, from nails and metal scraps to misplaced sharp tools, wood, and other materials. This leftover debris and awkwardly placed materials can constitute serious hazards to the health of construction workers.

If you have punctured your foot on a nail, tripped over poorly located safety hazards, or otherwise become injured due to construction debris, contact a Long Island site debris lawyer as soon as possible after your injury. They may be able to help you recover compensation for the damages you have suffered as a result of negligence.

Exceptions to Liability

There are several parties that may be considered responsible for site debris accidents, meaning that there are numerous parties from whom the injured person may be able to earn compensation. Depending on the specific circumstances of their case, the injured person can sue the building architect, the engineer, the property owner, or their own employer.

However, New York labor law provides for some exceptions. Architects, engineers, and landscape architects cannot be sued for damages if they do not have control of “activities other than planning or design.” This means that the person from whom the injured party can pursue compensation must be the person who exerts some amount of direction or management of the construction site.

Statute of Limitations

The statute of limitations in construction accident cases can vary depending on whether or not the case resulted in a personal injury or in a wrongful death. To determine the exact date by which a specific case must be filed, it is best to contact a skilled site debris lawyer in the area.

Personal Injury Cases

If a worker is injured in a construction accident related to site debris, and therefore brings the case against the responsible party to court, the statute of limitations is three years for most state negligence cases. Failing to file their claim against the responsible party within three years of their initial accident can result in the injured person losing the right to pursue compensation.

Wrongful Death Cases

In some cases, the injured worker may die as a result of their injuries. In these situations, their family members may bring a wrongful death case to court to recover damages on their behalf. The statute of limitations in these cases is two years rather than the usual three years for personal injury cases. Failing to bring the case to court within those two years may mean that the victim’s family loses the right to pursue compensation from the at-fault party.

Fault and Compensation

New York is a pure comparative negligence state. This means that injured construction workers are not barred from seeking recovery even if they are found to be partially responsible for their own injuries.

Instead, the percentage of fault attributed to the injured worker will be subtracted from the maximum compensation they are able to pursue. For example, a worker who suffers damages totaling $10,000 in an accident for which they are 10 percent responsible will only be able to recover $9,000 in their claim, because their maximum recovery also will be reduced by 10 percent.

Contact a Long Island Site Debris Attorney Today

If you are injured in a construction site debris accident, make sure to get in touch with a Long Island site debris lawyer early on. Not only can a skilled attorney help you quantify your damages for maximum compensation, but a local lawyer could also help you navigate the local court system more efficiently.

By bringing a skilled attorney into the fold, you could bolster your case and increase your odds of success in court.