Construction accidents can be financially and physically devastating. This can be made even more difficult if you are not compensated for your injuries. However, in order to recover damages from a personal injury lawsuit under New York labor law, Brooklyn construction workers must be able to provide evidence to prove their case.
It can be difficult to know what evidence is required and how to present it, especially when dealing with a complex legal system. However, with the right knowledge and strategy, proving your case in a construction accident lawsuit can be worthwhile, with the possibility of recovering damages for medical bills, lost wages, and pain and suffering.
This article will teach you everything you need to know about proving your case in a construction accident lawsuit with the assistance of a construction accident attorney.
Types of Construction Site Accidents
You may be unsure whether your construction accident is worthy of a lawsuit. The first step is to determine the type of accident that occurred. Here are some things to think about:
Falling Objects
Did something fall from above? Have you tripped over something that has fallen to the ground, such as rubble or uneven flooring? If this is the case, it could be considered a construction accident if it was caused by a lack of supervision on the part of site managers.
Falls
Did you get pushed down the stairs? Did you step into an open hole in the floor that was covered with plywood or cardboard? If the fall was caused by unsafe working conditions, it could be considered a construction accident.
Electrocution
Were there any exposed electrical wires that should not have been there? Was there no warning sign near them indicating they were dangerous? Worse, were you told there was nothing wrong with the wiring?
If this is the case, these examples could point to negligence on the part of those responsible for maintaining electrical systems during construction.
Proving Negligence in a Construction Accident in Brooklyn
In a personal injury case, the legal standard for determining fault is “negligence.” It can be difficult to prove negligence, but it is not impossible.
The first step is to determine whether your case involves a job-site accident or an on-the-job injury that occurred while performing a job-related task. If you were injured while doing your job, proving negligence may be easier than proving it if you were injured while commuting to work or engaging in off-duty activities.
In many cases, proving negligence necessitates the presentation of three elements:
Duty
The defendant had a duty to act reasonably and take certain precautions to avoid injuring others. According to New York labor laws, if your employer didn’t fulfill their duty of care, you may be eligible for workers’ compensation benefits.
Breach
The defendant failed to meet the standard of conduct set by law or breached their duty. For example, if you were injured because a supervisor allowed an unsafe condition at work, that supervisor would have breached their duty by not correcting this unsafe condition before it caused your injury.
Causation
The defendant’s breach of duty caused your injury because they failed to take reasonable precautions against foreseeable risks of harm.
For example, suppose your employer failed to provide reasonable and adequate protection and safety training, and you were injured on the job as a result of this failure. In that case, your employer’s failure to train you may be considered negligence.
Steps Injured Construction Workers Should Take After An Accident
Gather Evidence
You’re probably wondering what proof your lawyer needs to prove the other party is responsible for your injuries at this point. The answer is straightforward: as much as possible.
When recovering from a construction site accident, keeping track of all medical expenses and lost wages is critical. You should also keep track of all expenses related to the accident, such as transportation costs and any other fees associated with your injuries. Such proof could help you figure out if you will be able to get money from a construction injury lawsuit.
Furthermore, gather all information about the incident (including photos and witness statements) so that it can be used in court if necessary. Please ensure that everyone involved in documenting the incident takes notes right away so that there is no confusion about what happened later. And don’t waste anything.
Get a Doctor’s Report
If you were injured in a construction accident, you should see an experienced doctor. This will aid in determining the extent of your injuries and the appropriate treatment. You should also determine whether an existing condition, such as previous injuries or aging bones, makes you more vulnerable to harm.
Obtaining an expert opinion from an orthopedist, neurologist, pain management doctor, or other healthcare professionals who have treated patients with similar injuries is often the best way to prove your case. They can provide valuable insight into why they believe you sustained construction site injuries and how the incident happened.
You should also seek a second opinion if at all possible. This could be useful if there is disagreement about whether certain treatments were necessary or effective in treating your condition (s).
Hire an Experienced Brooklyn Construction Accident Lawyer from Ross & Hill
Accidents within the construction industry can be severe, and it can take an injured construction worker years to recover. So, if you have been injured in a construction accident, you must hire an experienced Brooklyn construction accident lawyer to protect your legal rights and recover compensation for your lost wages, pain, and suffering.
Understandably, you may believe that you do not require Brooklyn construction accident lawyers and that you can handle the situation on your own. Personal injury lawsuits, on the other hand, can be quite complicated. A construction accident lawyer can assist you in proving negligence and obtaining compensation for your injuries through a workers’ compensation claim.
This is especially true if your injuries were caused by someone else’s negligence.
You can be confident that a construction accident lawyer from our firm will assist you with any issues that arise during the litigation process and ensure that all necessary evidence is collected and produced during discovery proceedings. When the time comes for trial, there will be no room for error in court. Call us at 718-855-2324 today to speak with a legal representative.
