Many construction workers who are injured at construction sites believe that they cannot sue in a personal injury lawsuit since they are covered by worker’s compensation. That is only partially true. Under worker’s compensation law, employees give up the right to sue their employers in exchange for immediate medical care for work related injuries regardless of fault. The medical care is paid by the employer or the employer’s insurance carrier. That sounds good except that those who are seriously injured may not be able to recover much more than their medical expenses. For example, lost wages and compensation for pain and suffering is limited or nonexistent under worker’s compensation. However, the situation is somewhat different for those who are hurt at construction sites. Those who are hurt at construction sites may want to contact a construction accident lawyer in Nassau County NY to find out if a personal injury lawsuit is possible.
It is true that the law prevents injured employees from suing their employers in personal injury lawsuits. However, this protection does not apply to other parties. In a typical construction sites, there are many different parties including contractors and workers from other firms. Anyone else other than the employer can be sued in a personal injury action. Depending on the accident, possible defendants include other contractors, equipment manufacturers, and repair mechanics. For example, if equipment failure led to the accident, the manufacturer or the mechanic may be found liable. A construction accident lawyer in Nassau County NY such as Mark T. Freeley can help potential clients determine if there may be defendants to sue in a separate personal injury action.
Injured workers should not guess as to who caused the accident. An attorney who specializes in construction accidents would be best at figuring out if there is a viable personal injury action. Most accident attorneys are happy to give potential clients a free initial consultation with no obligations. The lawyer will figure out if the potential client has a viable case. If there is a viable case, the attorney will likely offer to accept the case on a contingency basis. That means the attorney makes no money from the construction accident case unless the case results in a settlement or jury award.
