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Queens Construction Accident Lawyers

According to the Occupational Safety and Health Administration (OSHA) about 20 percent of all injuries or deaths that happen at work occur in the construction industry. The law is very clear on the issue of workers’ compensation in construction accidents. If a worker is injured in the course and scope of his or her job by an anticipated and foreseeable risk of their job, workers’ compensation benefits are the sole and exclusive available remedy. This rule can even operate to the advantage of employees when they’re injured by their own negligence or the negligence of a co-employee. What about when the injury is caused by an employee of another company?

The third party action

Because construction sites usually have employees from several different companies working on the same project, it’s not uncommon for an employee of one company to be injured as a result of the negligence of an employee of another company. That’s when New York law allows for an exception to the workers’ compensation sole and exclusive remedy law. The injured employee is allowed to file a negligence lawsuit against the employee of the other company and his or her employer. This lawsuit can be brought at the same time that the injured employee is receiving workers’ compensation benefits.

The four major types of construction accidents

OSHA has identified the four major causes of serious construction accident injuries and fatalities and characterized them as the “fatal four.” Those are:

  • Falls
  • Electrical accidents
  • Being struck by an object
  • Getting caught between two objects
Workers’ compensation benefits

The general workers’ compensation benefits to be received by an employee after a serious injury that was suffered at work include:

  • Temporary total disability payments while off work and recovering from injuries
  • Payment of reasonable and necessary medical bills resulting from the accident
  • Compensation for any permanent partial disability resulting from the accident

These benefits are generally sufficient for somebody who gets injured at work and returns a short time thereafter, but they’re wholly insufficient to fully compensate somebody who was severely injured. That’s because they don’t compensate a claimant for damages like pain and suffering or loss of a normal life. As opposed to workers’ compensation benefits, the law of negligence allows an injured person to seek these additional non-economic damages.

Who can be sued as a third party?

Any entity that caused or contributed to a construction accident that resulted in injuries can be sued in a third party case. Those can include:

  • General contractors and subcontractors
  • Owners and occupiers of property
  • Real estate managers
  • Architects
  • Manufacturers of dangerously defective construction equipment
Subrogation

The law doesn’t permit two recoveries for one injury, so after a settlement or verdict in the third party case, the workers’ compensation insurer of an employer can seek to recover what it paid out on the workers’ compensation claim. There are times when that insurer will agree to take less than it paid out, and with the additional damages that are available in the third party case, the injured person is likely to end up far better off than with workers’ compensation benefits.

Marc S. Albert has offices in Long Island, Manhattan and Queens, and he’s been successfully representing injured construction workers in their third party negligence lawsuits throughout his career. He’s experienced, aggressive and compassionate, and to maximize third party compensation, he’ll pursue all of the entities that contributed to a construction accident. Contact Marc S. Albert right away after any serious construction accident at 855-252-3788 for a free consultation and case evaluation.

Client Reviews
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"MARC IS THE VERY BEST AT WHAT HE DOES!"

When I was seriously injured in a car accident, I didn’t know where to turn. I was confined to my home, couldn’t work and was being besieged with medical bills from doctors and hospitals. I feel so lucky to have found Marc and his firm. They took care of everything for me and allowed me to concentrate on my recovery. It put my mind completely at ease to know that Marc was handling me case. He held my hand through the entire process and I was ecstatic with the result. Marc is the very best at what he does!

★★★★★
"I WOULD MOST DEFINITELY RECOMMEND YOUR FIRM"

Marc, just wanted to thank you again for all your hard work on my case, the outcome of which I was extremely happy with. Your office was always helpful and patient in answering all my questions. I never felt like another “case” . I would most definitely recommend your firm to all of my friends and colleagues. Great job!

Margaret M.
★★★★★
"MR. ALBERT'S EXPERTISE WAS HIGHLY RECOMMENDED"

Mr. Albert’s expertise was highly recommended to me. During the course of the case, Mr. Albert took the time to walk me through each step he was taking. I continually felt he cared about me and what I was going through. At the end, I was very pleased with the outcome and would not hesitate to recommend him.

Margery S.