Every year, several construction projects are executed in New York City and other areas across New York State. Unfortunately, accidents and mishaps often occur on construction sites and may result in minor or severe injuries. According to statistics from the NYC Department of Buildings, there were about 712 construction-related incidents
We don’t know just how many construction contracts end in dispute, but it’s plain to see the sector is far more prone to legal wrangling than other spheres of business. The issue was officially recognised with the launch of the Conflict Avoidance Pledge, which aims to change behaviour in the
Every year, several construction projects are executed in New York City and other areas across New York State. Unfortunately, accidents and mishaps often occur on construction sites and may result in minor or severe injuries. According to statistics from the NYC Department of Buildings, there were about 712 construction-related incidents in New York City in 2021, causing 505 injuries and 9 fatalities. Thankfully, there are New York State laws designed to protect the rights of employees who are injured in work-related accidents or suffer an illness while on the job. If you’re a construction worker who has been hurt on the worksite, you may be eligible to seek fair compensation for your injuries. Your available options to recover damages may include seeking worker’s compensation benefits, filing a personal injury claim, or filing a lawsuit against the negligent third-party. However, recovering damages for your construction accident injuries often involves a lot of complexities. In the post, we will be discussing why the stakes are really high in New York construction accident cases. Common Causes of Construction Accidents in New York Here are some of the most common causes of accidents and injuries on construction sites in New York State: OSHA’s Fatal Four hazards – construction falls, electrocution (electrical exposure), caught-in/between situations, and struck-by an object. Poorly constructed scaffolding Slip and fall Defective or unsafe equipment Inadequate protection for construction site workers on elevated structures Inadequate protection for construction workers in trenches Tripping hazards from debris and other construction materials Unsafe conditions of the construction site or property Inadequate safety precautions when working beside power lines Collisions with support beams Workers are exposed to several risks on the construction site. If you’re injured in a construction accident, you need to reach out to an attorney immediately to enlighten you about your legal options to recover damages. What Are Your Legal Options? What’s more, when you’re involved in a construction site accident, here are some of the available legal options to seek financial compensation for your injuries: Workers’ Compensation Under New York laws, every employer in the state must provide workers’ compensation insurance for their employees. Hence, a construction worker who suffered an injury or illness while on the job may be eligible to seek workers’ compensation benefits, including medical care, lost income, and benefits for survivors. Personal Injury or Third-Party Claims Alternatively, you may file a personal injury claim or lawsuit against a third party for their negligent or careless actions that caused the construction accident. For instance, you may file a lawsuit against a contractor who failed to repair damages on the property or an employee who failed to adhere to safety guidelines, thereby leading to your injuries. Why the Stakes Are High – Challenges In New York Construction Accident Cases However, seeking financial compensation in your New York construction accident case isn’t usually straightforward. Here are some challenges and complexities you may encounter when filing a claim or lawsuit after a construction accident: Proving Fault and Liability A crucial aspect of your personal injury or third-party claim is proving fault and liability. To recover damages, you need to establish that the other party was negligent, violated the law, breached their legal duty of care, and you suffered an injury. Unfortunately, it isn’t always easy to prove fault and liability in a construction accident case. Legal Paperwork Also, the insurance carrier may request legal paperwork and additional documentation to verify your claims. Failure to provide the relevant information, evidence, and paperwork may delay your case or ultimately get it thrown out. Pre-Existing Illness or Injury Furthermore, your pre-existing injuries or medical conditions can have a significant effect on the outcome of your case or the amount of compensation you may recover. For a successful personal injury claim or lawsuit, you must prove that the negligent or careless actions of the other party affected or worsened your pre-existing injuries. Motion to Dismiss In addition, the other party or contractor may delay resolving your construction accident case through a motion to dismiss. This is a motion filed by one party in a case requesting that the court should stop all legal proceedings and close the case. The defendant may petition a motion to dismiss, stating that there is not enough evidence or facts to proceed with the case. Settlement Offer Dealing with insurers often involves a lot of complexities. The insurance provider may push for an out-of-court settlement. Initially, the insurer will offer you an absurd first settlement offer to test your patience. In most cases, the settlement offer may be lower than what you deserve. This is why you need an attorney to review the offer and help negotiate an improved settlement. Insufficient Documentation Documenting your injuries after a construction accident involves taking photos of the injuries, witness statements and testimonies, and taking notes of your personal account of the incident. Also, you have to document how the injuries have affected your day-to-day life and work. Unfortunately, most people don’t document their injuries. Without proper documentation, proving your case may be extremely difficult. A personal injury lawsuit involving a construction accident is often drawn out unnecessarily and may take an extended period to settle. At the end of the day, you may lose the case or receive lower compensation than expected. Therefore, when involved in a construction accident, it is crucial that you retain a highly-skilled personal injury attorney for proper guidance and to protect your legal rights. How an Experienced Personal Injury Attorney Can Help Being involved in a construction site accident can be a devastating experience and can affect your financial, physical, and mental health. Nevertheless, you don’t have to suffer the challenges and financial ramifications alone. If you or someone you know were injured while working on a construction site, you should hire an experienced personal injury attorney immediately to advocate for your best interests. A skilled construction accident lawyer can review every surrounding detail of your unique situation and conduct a thorough investigation. Your attorney will help
We don’t know just how many construction contracts end in dispute, but it’s plain to see the sector is far more prone to legal wrangling than other spheres of business. The issue was officially recognised with the launch of the Conflict Avoidance Pledge, which aims to change behaviour in the land, property and construction industry by getting firms to look at their working practices and the way they deal with disputes. I spend much of my time advising clients how to avoid disagreements by understanding their contracts and having proper administration in place, but I also spend a lot of time helping to solve cases that have reached the courts. My own experience reflects the wider picture that many of these arguments could have been settled without formal litigation, and without the associated costs. It is startling how eager developers, contractors and joint venture partners are to take each other to court, even when there are initiatives designed to encourage them to seek alternative resolutions. Both parties in a dispute are supposed to at least consider mediation before commencing proceedings, but they can circumvent the Pre-Action Protocol for Construction and Engineering Disputes by mutual agreement and routinely do so. Often, contracts stipulate that parties should seek mediation in the event of a dispute, but it’s not mandatory and generally the clause gets ignored. But look at what happens once you head for court. As the aggrieved party, you complete a form and send in a court fee. In the construction sector, we’re used to dealing with big numbers, but even a relatively modest £100,000 claim will usually mean a court fee of £5,000, and it rises proportionately. Next, you send your claim to the court. The other party responds. The judge tells you both to go to see a mediation service. Given that 90 per cent of cases get settled at mediation, surely it would make sense to circumvent the court process and, for a fraction of the court fee, go to mediation. Another huge benefit of mediating is the time it takes to resolve a case, usually only one or two days. Compare that with the average length of time it takes a case to get resolved in the UK courts, which according to one report is 12 months. In the UK, we supposedly have a fast track court process, but while it may be swifter than similar systems elsewhere, it is certainly a stretch to describe it as fast. Why are firms reluctant to mediate? One reason is that one party or another in any dispute may simply hope the problem goes away before it comes to the crunch and they have to face the judge. Another is that mediation may seem unfamiliar. Yet mediation is not uncommon in the construction industry. As I mentioned earlier, cases that reach the courts routinely wind up in mediation. This is because official guidance states that courts should encourage parties to use alternative dispute resolution, which almost always turns out to be mediation. Independent mediators are there to get a discussion going so that the parties can resolve their differences. Unlike with the brutal winner and loser scenario of a court judgement, this can enable the business relationship to continue. I fervently believe that prevention is better than cure, and I would urge contractors to get expert advice on contracts, establishing programmes and setting up proper administration. However, if things do go wrong, I would urge everyone involved in a dispute to consider mediation as the first point of call. In fact, I am so passionate about the concept that I have just become an RICS Accredited Mediator. www.mpgqs.com By Michael Gallucci LLM MRICS MCIArb MAE, Managing Director, MPG construction consultants
