Determining who is at fault can be deeply challenging and complex for workers and their families in the wake of a construction accident. Establishing liability in these situations is crucial for ensuring fair compensation. Fault may involve various parties, from property owners to contractors, making it essential to understand the legal process involved. By clarifying common concerns, we aim to provide insight into how fault is determined after a construction accident. As Queens, NY construction accident lawyers, we often encounter several key questions when it comes to these cases. Below, we answer some frequently asked questions on this important topic.
How Is Fault Determined In A Construction Accident?
Determining fault in a construction accident typically requires examining the circumstances surrounding the incident. The investigation may focus on factors like unsafe working conditions, lack of proper safety measures, and who was responsible for overseeing the site. Contractors, property owners, equipment manufacturers, and even third parties could be held liable depending on the nature of the accident. It’s important to gather evidence, such as photographs, witness statements, and safety records, to support your claim.
What Happens If More Than One Party Is At Fault?
Construction accidents often involve multiple parties, which means more than one person or entity could share responsibility for the incident. In such cases, liability is typically divided based on each party’s contribution to the accident. New York operates under a comparative negligence system, meaning if you’re partially at fault, your compensation may be reduced by your percentage of responsibility. This allows injured workers to recover damages even if they bear some degree of fault, but it requires carefully demonstrating the extent of each party’s liability.
Can Workers’ Compensation Affect The Outcome Of A Fault Determination?
Workers’ compensation operates separately from personal injury claims but can still impact the outcome. In most cases, workers’ compensation covers injuries regardless of fault, but it may limit your ability to file additional claims against your employer. However, if a third party, like a subcontractor or equipment manufacturer, is involved, you may have grounds for a personal injury lawsuit. Workers’ compensation claims can coexist with third-party claims, allowing injured workers to pursue both avenues.
What Evidence Is Needed To Prove Fault In A Construction Accident?
Proving fault in a construction accident requires gathering key pieces of evidence. This might include safety reports, site conditions, witness statements, and documentation of any safety violations that occurred before the accident. In some cases, expert testimony may be used to explain how the accident happened and who was responsible. Detailed medical records documenting your injuries will also support your claim for compensation. The more thorough and organized the evidence, the stronger your case will be when it comes to establishing fault.
What If I’m An Independent Contractor Involved In A Construction Accident?
Independent contractors may face additional challenges in construction accident cases since they may not be eligible for workers’ compensation through the company that hired them. However, contractors can still file a personal injury lawsuit if someone else’s negligence caused the accident. It’s important to understand your employment classification and whether you have the ability to pursue additional compensation beyond what’s provided through workers’ compensation.
Seeking Legal Guidance For Your Construction Accident Claim
When multiple parties are involved, determining fault in a construction accident can be especially complex. It’s essential to seek legal guidance early in the process to protect your rights and pursue fair compensation. Since 1991, Polsky, Shouldice & Rosen, P.C., have been helping our clients to take the necessary steps. Contact us today to discuss your case and explore your legal options, we offer 24/7 live phone answering.
