When a third party may be liable for a construction accident

On Behalf of | Jun 30, 2022 | Construction Accidents

Construction never stops in New York. When there is no more ground available, developers start moving upward. Projects involve demolition, as well as new construction and the expansion or remodeling of existing buildings. Work persists year-round, even throughout the hottest and coldest days of the year.

Construction professionals in New York can earn a very competitive wage in part because they take a lot of risks every day when they show up to do their jobs. Construction professionals have more risk than people in most other industries of getting hurt on the job or dying at work.

Frequently, workers’ compensation benefits will be what protect a worker or their family members after a construction incident. However, sometimes the people affected by construction accidents can make a third-party claim. What are some of the situations that give rise to a third-party claim?

Scaffolding or building issues

New York has unique liability laws when it comes to construction work on buildings. The building’s owner or the primary contractor hiring teams to work on the building may ultimately have liability if someone gets hurt because they fall due to a scaffolding issue. On the other hand, the property owner could also have some liability if they fail to disclose defects at the property, such as a bad roof, and a worker gets hurt as a result.

Equipment or machinery failures

If a power tool malfunctions, it could severely hurt a worker. Not only could the individual handling a defective tool suffer injuries, the other workers nearby may be in danger as well.

When safety equipment or machinery fails on the job site because of defects, the manufacturer or maybe the rental company supplying that equipment may be liable for the injuries that result.

Car crash scenarios

Sometimes, construction workers get hurt because someone falls asleep at the wheel and drives through the construction zone. Someone who puts their car into reverse instead of into drive could hit scaffolding and knock a worker down. When a vehicle plays a role in a construction accident, the non-employee at fault for the incident could face a third-party liability claim from the workers affected.

Looking into all of your options for compensation can help protect you if you suffer an injury while working in the construction industry.


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