New York construction activity is especially prevalent during the warmer months. New buildings go up all the time, and property owners have to repair or improve the buildings they own. Construction projects are a hazard to those performing work and also those passing by the construction site. Workers can get hurt because of equipment issues, falls from an elevation or the movement of earth during the excavation. Passers-by might be at risk due to heavy equipment or falling materials.
Both construction employees and those completely unrelated to a construction project can end up injured when something goes wrong at a construction site. The following types of compensation may be available in that situation.
Professionals may qualify for workers’ compensation and/or damages
Some construction professionals are independent contractors. Their self-employed status might make them ineligible for workers’ compensation. However, employees typically have coverage provided by their employers. They may be able to seek both medical coverage and disability benefits to replace their wages after an incident on a construction site.
Scenarios involving injury to independent contractors who do not qualify for workers’ compensation may lead to a lawsuit under New York’s scaffolding law. As may any scenario – for any worker – that involves a third-party’s negligence. For example, property owners or agents managing a project on their behalf are liable for any gravity-related incident that leads to a worker’s injury.
Passers-by may be able to file a lawsuit
Members of the general public hurt at a construction site may have grounds for a personal injury lawsuit. Provided that they take action within three years of the incident, they can request financial compensation for all of the economic losses caused by their injuries.
Personal injury lawsuits often prioritize the recovery of lost wages and medical expenses. An individual injured near a construction site may have unpaid medical bills from immediately after the incident, as well as hundreds of thousands of dollars in future medical expenses ahead of them.
They may also have lost wages to consider. People can request compensation for the time when they cannot work due to their injuries. They can also request compensation for lost earning potential. If an injury is serious enough that it forces someone to change their profession, they can seek compensation for the difference between what they used to earn and what they can earn after their injury.
People may also be able to recover property damage losses in a personal injury lawsuit. In scenarios involving a wrongful death lawsuit brought by surviving family members, certain non-economic losses could also contribute to the total value of the lawsuit.
Understanding the compensation available after a sudden construction incident leaves someone injured can help people minimize their financial losses. A timely lawsuit can be beneficial for those harmed by falls, falling objects and heavy machinery, in addition to any other hazards on a construction site.