9 Warning Signs Your Construction Accident Case Is Strong

Construction accidents can cause serious injuries and significant income loss. They may also result in long-term financial problems. Learning about your rights to compensation after a worksite injury is straightforward. A skilled construction accident attorney can review your case and explain your options. Reach out to a Queens construction accident attorney to set up a free consultation.

Many factors can affect the outcome of a construction accident case. Some cases settle quickly and easily, while others are challenged by the defense and may go to trial after a long process. The best result is usually an early, smooth settlement. However, if your lawyer misses important signs of liability, you could end up with a poor settlement or verdict.

Here are the top 10 factors your lawyer should consider.

1. There Were Unsafe Working Conditions

Unsafe working conditions are a clear factor in workers’ compensation cases. In construction, there are many hazards that can put workers at risk. Many claims happen because of negligence by either the employee or employer, and both can cause serious accidents. Common causes include falls from stairs, roofs, scaffolding, or lifts, electrocution, falling objects, and equipment malfunctions.

Does your injury result from one or more of the following conditions? If so, your case may have a basis for a legal claim.

2. You Were Injured in a Fall From Height

Falls are among the most common and serious construction accidents. New York Labor Law 240, often called the Scaffold Law, protects workers injured from falls or falling objects and may hold contractors and property owners responsible.

Is your injury connected to scaffolding, ladders, or other elevated work? If so, this may strengthen your claim.

3. Safety Equipment Was Missing or Defective

Always use proper safety equipment. Many workplace eye injuries happen because employers or contractors fail to provide the right gear. New York State law requires safety protections for workers, and showing a violation of this law can make your claim much stronger.

4. There Were Witnesses to the Accident

Witnesses to a work injury can be very important in establishing the facts of the case, even if the worker is unable to appear at the hearing. In many cases, coworkers, supervisors, or other bystanders can step in and describe what they observed, even if the worker is not able to be there.

5. The Accident Was Documented

Strong cases usually include evidence such as:

·    Photos of the accident scene

·    Incident reports

·    Medical records

·    Video footage

Act quickly to photograph and collect evidence. It is important to document your injury and the accident scene as soon as possible. Good visual records and other evidence can help prove liability and support your claim for damages.

6. You Suffered Serious Injuries

The severity of your injuries is a significant consideration in determining the strength of your claim as well as the amount of damages you may be entitled to recover. We have seen that serious injuries to workers can occur on a variety of construction sites, and are often severe, catastrophic, and life-changing, resulting in permanent disability.

7. A Third Party May Be Responsible

In many construction accident cases, a third party like a contractor, property owner, or equipment manufacturer may be at fault. In New York, injured workers can file a third-party claim as well as receive workers’ compensation benefits for their injuries.

Cases with more than one defendant may be more valuable.

8. You Reported the Accident Quickly

We recommend reporting any incident or accident to your insurer as soon as possible. This helps make sure all details are recorded and can prevent disputes if you need to file a claim.

The longer you leave to report your injury, the less likely your claim is to succeed.

9. There Is Evidence of Negligence

The strength of a construction accident claim depends on proving negligence. This could involve the general contractor, architect, engineer, construction manager, or any subcontractors involved in the project.

·    Safety violations

·    Lack of training

·    Dangerous work conditions

·    Equipment failures

In most negligence cases, the injured person can receive compensation for medical expenses, lost wages, and the lasting effects of the injury, such as pain and suffering.

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