A third-party claim in a construction accident is when someone files a lawsuit against a party other than their employer or co-worker. This could be the property owner, the general contractor, the vendors, delivery truck companies, janitorial companies, or any other company or individual who is involved in the plaintiff’s employment. Many different types of construction accidents can occur, and each type will have different liable parties. It’s important to first understand that these accidents can occur anywhere on a worksite, and they can happen to anyone involved in the construction process, including workers, subcontractors, and even visitors. NYC construction accident law allows victims to file a lawsuit against any party who they believe is responsible for their injuries.
Common Construction Accidents Cases
There are many different causes of such accidents, but some of the most common include: falls from heights, being struck by or run over by heavy equipment, electrocution, exposure to hazardous materials, and slips and trips. These accidents can often result in serious injuries, such as broken bones, spinal cord damage, brain injuries, and even death.
Determining Third-Party Liability Claims
Although you can still file for worker’s compensation when you’re injured on the job, this type of claim will only cover a portion of your lost wages and medical expenses. If you want to receive full compensation for your losses, third-party liability claims may need to be filed in addition to your workers’ compensation claim. The first step in filing such a claim is to determine who exactly is at fault for the accident. Typically, in order for a third party to be held liable, the plaintiff must prove that the defendant was negligent in some way.
Once negligence has been proven, the plaintiff will then need to show that this negligence from the third party led directly to their injuries. This can be done by providing medical records, eyewitness testimony, and expert opinions.
Damages and Compensation
If the plaintiff is successful in proving liability, they may be entitled to receive several different types of legal damages. These could include:
Medical expenses: The cost of any hospitalization, surgeries, rehabilitation, and any other medical treatment that was necessary as a result of the accident.
Lost wages: If the victim is unable to work because of their injuries, they may be able to recover their lost wages. This could include both past and future earnings.
Pain and suffering: Which compensates the victim for the physical and emotional pain and suffering that they have endured as a result of the accident.
Punitive damages: Where the court orders the defendant to pay an additional amount as punishment for their negligence.
Conclusion
You may be entitled to receive compensation for your injuries by filing a third-party liability claim. It’s important to keep in mind that every case is different, and the amount of damages that a victim is entitled to will depend on the specific facts of their case. The law surrounding third-party liability claims in construction accidents can be complex, so it’s important to speak with an experienced attorney who can help you determine what type of compensation you may be entitled to.
