New York Construction Accident Third Party Claims
Construction never seems to end in New York. While this provides a steady supply of jobs for those in the construction trades, it also means that construction accidents are commonplace. Despite federal and state laws and regulations that are aimed at creating a safe work site, construction accidents continue to occur in New York each year. In New York City alone last year, five construction workers were killed and 152 were injured in construction-related accidents. For construction workers who are injured on the job there may be financial help available.
Most construction workers realize that they are entitled to workers’ compensation coverage if they are injured on the job; however, benefits provided through the New York workers’ compensation system may fall short of actually covering the costs incurred as a result of the injury. The maximum weekly benefit amount that a claimant can qualify for under New York workers’ compensation is equivalent to two-thirds of the New York State average weekly wage for the previous calendar year. In other words, many construction workers who qualify for benefits will receive much less than they earned while working. This can put a considerable strain on the family budget, particularly if the injury requires you to be off work for more than a short period. For injuries that leave permanent damage or cause death, the workers’ compensation system usually doesn’t even come close to full compensation. There may, however, be another option for injured construction workers in New York through a third party construction accident claim.
Who May Be Liable?
A third party construction accident claim may provide compensation above and beyond what the workers’ compensation system provides. If you are not entitled to workers’ compensation, a third party claim may be your only option. Either way, it is important to understand your options. A third party construction accident claim is a claim that is filed against someone other than your employer. Parties that could be liable for your injuries at a construction site could include:
- General contractor
- Subcontractor
- Property owner
- Property manager
- Material handler
- Material supplier
- Manufacturer of equipment
How Much Is My Claim Worth?
Ultimately, everyone wants to know what his or her claim is worth in a New York construction accident third party claim. Each claim is unique and presents its own set of facts and circumstances; however, there are some common factors that will influence the size of your claim:
- Type of injury—Although there is no magic formula to compute your award or settlement amount, the severity of your injuries will be a major factor in determining the value of your case. As a general rule, the more serious your injuries, the more expenses you will have, which will increase the value of the claim.
- Prognosis – Injuries that are expected to require medical treatment in the future may be entitled to more compensation in order to ensure that the future expenses are covered.
- Earnings record – Part of your compensation may be intended to replace lost wages. Therefore, your past earnings record can impact your award or settlement amount.
- Emotional impact – Just as with any other type of injury accident, a construction accident can have a traumatic impact on your life that will impact the value of your claim.
Get a Free Consultation
If you have been injured in a New York construction accident, you owe it to yourself and your family to pursue all possible avenues of compensation. With over 150 years of combined experience, the New York and New Jersey construction accident attorneys at Ginarte Gonzalez & Winograd are here to help. Contact us today to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 for your free consultation or fill out our online contact form.
