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Who Is Liable in a Construction Accident in New York?

New York City construction sites are full of activity. But with all the hustle comes serious risks. In 2022 alone, 24 construction workers tragically lost their lives on the job. When accidents like these happen, it’s important to figure out who’s responsible to ensure injured workers and their families get the compensation they deserve.

 

Find out who can be liable in a New York construction accident here.

Causes of Construction Accidents

In New York, some of the most common causes of construction site accidents include:

 

  • Falls from heights, such as scaffolding or roofs.
  • Malfunctioning cranes, lifts, and power tools.
  • Lack of training on safety protocols and the use of tools.
  • Exposure to dangerous materials, unstable structures, and other site-specific hazards.
  • Collisions with construction vehicles or being hit by moving objects.

 

These and other safety issues can lead to serious injuries like traumatic brain injuries, spinal cord damage, broken bones, or even fatalities.

Who Can Be Held Liable for a Construction Accident?

Determining who’s responsible for a construction accident can be complicated because multiple parties could be involved.

That said, those who could be held liable include:

Construction Companies

Construction companies are responsible for keeping their worksites safe for employees. If they don’t follow Occupational Safety and Health Administration (OSHA) standards or provide proper training and equipment, they can be held liable for any accidents.

Subcontractors

Subcontractors responsible for specific tasks on the construction site may also share liability if their negligence or failure to follow safety protocols contributes to an accident.

Property Owners

Property owners can be accountable if they fail to address known hazards or provide safe premises for workers and visitors.

Equipment Manufacturers

Manufacturers could be liable if defective equipment, tools, or materials they supplied directly cause an accident.

Architects and Engineers

Design professionals may also be responsible if their negligence in creating plans or specifications leads to unsafe conditions and accidents.

Government Entities

Government entities overseeing public construction projects could be culpable if their negligence contributes to a work-related incident.

Other Third Parties

In some situations, individuals or entities not directly involved in the construction project, such as reckless drivers, may also be liable for their actions leading to the accident.

Could Multiple Subcontractors Be Liable?

Yes! Since subcontractors handle different parts of a project, they may all be accountable if their oversight plays a part in the incident.

Post-Trial Motions and Appeals

After a trial, either side can file motions to challenge the verdict. These motions are usually about legal issues or mistakes made during the trial. If the judge denies these motions, the next step is to think about appealing the decision.

 

Appeals involve presenting arguments to a higher court, asking them to review the trial court's decision. Your attorney will help you through the appeals process if it becomes necessary.

How Can I Determine Liability in a Construction Accident Case?

Proving who’s at fault in a New York construction accident takes careful investigation and solid evidence. Here’s what’s involved:

 

  1. Gathering Evidence Reports: Collect incident reports, safety logs, and witness statements from the site.
  2. Documenting the Scene: Take photos and videos of the accident area, equipment, and any hazards.
  3. Checking Safety Records: Look into the construction company’s safety practices, training, and maintenance history.
  4. Consulting Experts: Bring in experts like engineers to help figure out what went wrong.
  5. Reviewing Contracts: Go over agreements between the construction company, subcontractors, and property owners to see who’s responsible.

Construction Accident Claim FAQs

Are All Construction Workers in New York Covered by Workers' Compensation?

Yes, businesses with at least one employee in New York, including those in construction, must have workers’ compensation insurance. This no-fault system lets injured workers receive benefits for medical expenses, lost wages, and other costs without needing to prove fault.

Can I File a Personal Injury Claim if I'm Receiving Workers' Compensation?

Key Takeaways

Anyone from the construction company to property owners or equipment manufacturers could be held liable for a construction accident.

More than one subcontractor might be found liable if their carelessness played a role in the accident.

In New York, any business with at least one employee is required to have workers' compensation insurance.

Contact Our New York Construction Accident Lawyers!

If you or a loved one has been injured in a construction accident in New York, Field Law Group is ready to fight for your rights. Our experienced construction accident lawyers will review your case, identify all liable parties, and work tirelessly to get you the justice and compensation you deserve.

 

Call 212-739-7278 or contact us today to schedule a FREE, no-obligation consultation!

 

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

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