Construction sites are inherently risky environments, and accidents can lead to severe injuries or even fatalities. In Queens, tackling the aftermath of a construction accident requires a clear understanding of who may be held responsible. If you have been injured on a construction site, it is important to determine liability to recover maximum financial compensation.
If you or someone you love was injured in a construction accident because of the negligent actions of someone else, an experienced Queens, NY construction accident attorney can establish liability and help you obtain the largest possible compensation for your injuries and losses.
Parties Potentially Responsible for Construction Accidents in Queens
Employers
Construction site owners and contractors have a duty to maintain a safe working environment. If negligence on their part contributed to the accident, they may be held responsible.
General Contractors
The general contractor overseeing the project is responsible for overall site safety. Failure to implement proper safety measures or adequately supervise subcontractors could lead to liability.
Subcontractors
Subcontractors handling specific aspects of the construction may bear responsibility if their actions or negligence directly contributed to the accident.
Architects and Engineers
Design professionals may be liable if a construction accident resulted from a design flaw or engineering error that they should have identified.
Manufacturers and Suppliers
Defective equipment or materials can lead to accidents. Manufacturers or suppliers of faulty products may be held accountable for resulting injuries.
Property Owners
In some cases, the property owner may share responsibility for safety conditions on the construction site, particularly if they actively control or manage the project.
Government Entities
Public construction projects involve government oversight. If a government entity failed to enforce safety regulations or provide adequate warnings, they might be liable.
Steps to Determine Liability Following a Construction Accident in Queens
- Immediate Reporting: Report the accident to your employer or the site supervisor immediately. This creates an official record of the incident.
- Preserve Evidence: Preserve any evidence related to the accident, such as photographs of the scene, equipment involved, and your injuries. This documentation can be necessary in establishing liability.
- Witness Statements: Gather statements from any witnesses who observed the accident. Their accounts can provide valuable perspectives on what occurred.
- OSHA Compliance: Check for any Occupational Safety and Health Administration (OSHA) violations. Violations can indicate negligence on the part of employers or contractors.
- Medical Records: Maintain thorough medical records detailing your injuries, treatments, and prognosis. These records serve as evidence of the impact of the accident on your health.
- Expert Opinions: Consult with experts, such as construction safety professionals or engineers, to obtain opinions on whether negligence played a role in the accident.
Engage the services of a qualified construction accident lawyer in Queens. Lawyers experienced in construction law can conduct comprehensive investigation, identify liable parties, and handle the legal process on your behalf.
Choosing the Right Type of Claim to File Following Your Queens Construction Accident
Following a construction accident, various types of claims can be filed against contractors, depending on the circumstances of the incident. These are a few common types of claims your proven construction accident attorney Queens can help you pursue:
- Personal Injury Claims: These are filed by individuals who suffered injuries due to the negligence of a contractor. Personal injury claim seeks compensation for medical expenses, pain and suffering, and lost wages.
- Wrongful Death Claims: These claims are brought by the surviving family members or representatives of a deceased individual who lost their life in a construction accident. Wrongful death claim can help family members recover compensation for damages resulting from the wrongful death.
- Negligence Claims: Alleges that the contractor was negligent in their duty, leading to the accident and injuries. Proving negligence involves establishing a duty of care, a breach of that duty, causation, and damages.
- Premises Liability Claims: Focuses on the responsibility of the contractor to maintain a safe construction site. If the accident resulted from unsafe conditions on the premises, a premises liability claim may be pursued.
- Product Liability Claims: If the accident was caused by a defective product or equipment used on the construction site, a product liability claim may be filed against the manufacturer or supplier of the faulty product.
- Workers’ Compensation Claims: Injured workers may file workers’ compensation claims to receive benefits for medical expenses and lost wages. Workers’ compensation is a no-fault system, meaning fault or negligence does not need to be proven.
- Breach of Contract Claims: If the contractor’s actions or failure to fulfill contractual obligations contributed to the accident, a breach of contract claim may be pursued.
- Third-Party Claims: In some cases, a third party, not directly involved in the employment relationship, may be held liable. For example, a claim against a subcontractor or another entity on the construction site.
- OSHA Violation Claims: If the contractor violated Occupational Safety and Health Administration (OSHA) regulations, a claim may be filed based on those violations.
- Inadequate Supervision Claims: Claims may be brought if inadequate supervision or training contributed to the accident, emphasizing the contractor’s duty to oversee the construction site safely.
The type of claim pursued will depend on the specific circumstances of the construction accident. You should consult with a construction accident lawyer in Queens, NYC to help determine the appropriate legal strategy and handle the claims process.
Holding General Contractors Liable for Construction Accidents in Queens
In many cases, general contractors can be held responsible for accidents on construction sites. These are a few factors your Queens construction injury lawyer will consider:
Control and Supervision
General contractors are often responsible for the overall safety and supervision of a construction project. If they exercise significant control over the site and have the authority to enforce safety measures, they may be held liable.
Safety Obligations
General contractors have a duty to maintain a safe working environment. This includes ensuring that safety protocols are in place, workers are adequately trained, and potential hazards are addressed promptly.
Negligence in Supervision
If the general contractor fails to adequately supervise subcontractors or address safety concerns, leading to an accident, they may be held liable for negligence.
Failure to Adhere to Regulations
General contractors are expected to comply with safety regulations set forth by agencies like OSHA (Occupational Safety and Health Administration). Failure to adhere to these regulations could result in liability.
Contractual Agreements
The terms of the contract between the general contractor and other parties involved may specify safety responsibilities. If the general contractor breaches these contractual obligations, they may be held accountable.
Direct Involvement in the Accident
If the actions or decisions of the general contractor directly contribute to the accident, such as providing faulty equipment or ignoring safety concerns, they may be held liable.
Non-Delegable Duty Doctrine
In some cases, the “non-delegable duty” doctrine may apply, holding the general contractor responsible for certain safety aspects regardless of subcontractor involvement.
Common Law Negligence
Under common law principles, if the general contractor owed a duty of care, breached that duty, and the breach directly led to the injury, they may be held liable for negligence.
Types of Evidence Your Queens Construction Attorney will Collect to Prove Liability of the Defendants
Your construction accident lawyer in Queens, NY will focus on collecting the following types of evidence:
- Photographic Evidence: High-quality photos of the accident scene, injuries, and any unsafe conditions can provide visual documentation for proving liability.
- Witness Statements: Eyewitness accounts from individuals present during the accident can provide valuable perspectives on the events leading to the incident.
- Construction Site Reports: Official reports generated by construction site managers, supervisors, or safety inspectors may contain details about safety protocols, equipment inspections, and incident documentation.
- OSHA Reports: Reports from the Occupational Safety and Health Administration (OSHA) can highlight safety violations and regulatory non-compliance that contributed to the accident.
- Medical Records: Comprehensive medical records detailing injuries sustained in the accident can connect the harm directly to the construction incident.
- Safety Training Records: Documentation of safety training provided to workers can establish whether proper training was conducted and if any lapses contributed to the accident.
- Equipment Inspection Records: Maintenance and inspection records for construction equipment can reveal whether faulty machinery or tools played a role in the incident.
- Expert Opinions: Testimony from industry experts, such as engineers or safety specialists, can provide professional insights into the causes of the accident.
- Contractual Agreements: Examination of contracts and agreements between parties involved can clarify responsibilities, obligations, and potential liability in the construction project.
- Surveillance Footage: If available, surveillance camera footage from the construction site can offer a real-time account of the events leading up to the accident.
- Communication Records: Emails, memos, or other communication records that discuss safety concerns, warnings, or negligence can serve as evidence in establishing liability.
- Incident Reports: Formal reports filed immediately after the accident, either by workers or site management, can provide contemporaneous records of the incident.
- Weather Conditions: Documentation of weather conditions at the time of the accident may be relevant, especially if adverse weather contributed to the incident.
Our Queens Construction Accident Attorneys have the Experience to take on Powerful Defendants. Get a Strong Legal Representation to Fight for Your Rights.
At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced construction accident lawyers in Queens, NYC bring over a century of combined experience to the forefront, championing the rights of injured individuals and their families. With a success rate exceeding 95%, we have recovered over $1 billion in damages for our clients.
We carefully examine evidence, from site reports to witness statements, to build a robust case. Our Queens construction accident attorneys understand the subtleties involved in negotiations and can tirelessly pursue maximum compensation for medical expenses, lost wages, and pain and suffering.
We cover an array of construction accidents, including falls, equipment malfunctions, and negligence claims. Our practice areas span personal injury, premises liability, and workers’ compensation, offering a holistic approach to your legal needs. To set up your free consultation, call 212-344-1000 or reach us online.
