The Process of Filing a Third-Party Claim After a Construction Accident in New York
Construction sites are inherently hazardous environments, with workers exposed to various risks daily. While New York’s workers’ compensation system provides medical coverage for on-the-job injuries, it only replaces a portion of lost wages for a limited period and doesn’t provide any compensation for pain and suffering, emotional distress, and other non-economic damages. Building owners and contractors can be held liable for many accidents covered by the Scaffold Law and other New York Labor Laws, but these laws don’t apply in every situation.
Another path to compensation for injured workers lies in a third-party claim. These claims don’t have anything to do with the employer and are unrelated to workers’ compensation or scaffold law claims. When applicable, pursuing a third-party claim can be crucial to getting the care you need and the compensation you deserve after being injured by another party’s negligence. This article outlines the process of filing a third-party claim after a construction accident in New York, highlighting key steps and considerations. To explore your options after a construction accident in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and experienced Goshen construction accident lawyer.
Understanding Third-Party Claims
A third-party claim arises when an entity other than your employer is responsible for your injury. Unlike workers’ compensation, which is a no-fault system, third-party claims require proving negligence on the part of the at-fault party. Potential third parties in a construction accident often include:
- General Contractors and Subcontractors: Responsible for maintaining safe working conditions and ensuring compliance with safety regulations.
- Property Owners: Obligated to keep their premises safe for workers and visitors.
- Equipment Manufacturers: Liable for injuries caused by defective or malfunctioning equipment.
- Engineers and Architects: Accountable for design flaws that lead to accidents.
- Other Contractors or Vendors: May be liable if their actions or negligence contribute to the injury.
Step 1: Seek Immediate Medical Attention
Your health and safety are paramount. After a construction accident, seek immediate medical attention, whether that means calling for an ambulance, getting a ride to the hospital, or seeing a medical provider the same day or the next day. Prompt medical evaluation not only ensures proper treatment but also creates a documented record linking your injuries to the accident. This documentation is vital for both workers’ compensation and third-party claims.
Step 2: Report the Accident
Notify your employer about the accident as soon as possible. In New York, this is typically required within 30 days of the incident. Your employer should then file a report with the Workers’ Compensation Board. This step is crucial for documenting the incident officially and initiating the workers’ compensation process.
Step 3: Identify Potential Third Parties
Determining who may be liable beyond your employer is a critical step. Potential third parties can include:
- General Contractors and Subcontractors: If they failed to maintain safe working conditions or adhere to safety protocols.
- Property Owners: If unsafe conditions on the property contributed to the accident.
- Equipment Manufacturers: If defective equipment caused the injury.
- Engineers and Architects: If design flaws led to unsafe conditions.
Identifying these parties often requires a thorough investigation, including reviewing safety records, accident reports, and site conditions.
Step 4: Gather Evidence
Collecting evidence is essential to support your third-party claim. Key types of evidence include:
- Photographs: Take clear photos of the accident scene, equipment involved, and any visible injuries.
- Witness Statements: Obtain contact information and statements from individuals who witnessed the accident.
- Medical Records: Keep detailed records of all medical treatments and evaluations related to the injury.
- Accident Reports: Secure copies of any reports filed with your employer or regulatory agencies.
- Safety Records: Review safety protocols and records to identify any violations or lapses.
This evidence will help establish the negligence of the third party and the direct link to your injuries.
Step 5: Consult an Experienced Attorney
Third-party claims are complex cases that require legal expertise. Consult with an attorney experienced in construction accident cases to evaluate the viability of your claim. An attorney can assess the strength of your case, identify all potential liable parties, gather and preserve evidence, handle communications with insurance companies and opposing counsel, and represent you in negotiations and court proceedings.
Legal representation ensures your rights are protected and increases the likelihood of a favorable outcome. Your lawyer can also assist or conduct many of the previous steps above with skill and expertise while you focus on recovering physically from your injuries. Making this Step 2 in the process instead of Step 5 makes the best sense for a lot of people.
Step 6: File the Third-Party Claim or Lawsuit
If negotiations with the third party or their insurance company do not lead to a satisfactory settlement, your attorney may recommend filing a lawsuit. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, certain circumstances, such as claims against municipal entities, may have shorter timeframes. It’s crucial to adhere to these deadlines to preserve your right to sue.
The lawsuit process involves several stages:
- Filing the Complaint: Your attorney will draft and file a complaint outlining the allegations and legal basis for the claim.
- Discovery: Both parties exchange information and evidence relevant to the case.
- Depositions: Witnesses and parties may be questioned under oath.
- Settlement Negotiations: Discussions may occur to resolve the case before trial.
- Trial: If no settlement is reached, the case proceeds to trial, where both sides present their arguments.
Step 7: Understand Potential Damages
Third-party claims can result in compensation for various damages, including:
- Medical Expenses: Coverage for past and future medical treatments related to the injury.
- Lost Wages: Compensation for income lost due to the inability to work.
- Pain and Suffering: Damages for physical pain and emotional distress.
- Loss of Consortium: Compensation for the impact on relationships with family members.
- Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the wrongdoer.
These damages go beyond what is available through workers’ compensation and can significantly aid in your recovery.
Step 8: Be Prepared for Allegations of Comparative Negligence
New York follows a pure comparative negligence rule, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found 20% at fault, your total recovery may be reduced by 20%. It’s essential to work with your attorney to address any allegations of shared responsibility and fight back against any unfounded claims. Comparative negligence does not come into play in workers’ compensation (no-fault) or scaffold law (absolute liability) claims.
Step 9: Coordinate with Workers’ Compensation
If you are receiving workers’ compensation benefits, pursuing a third-party claim is still possible. However, if you recover damages from the third party, your employer’s workers’ compensation insurance carrier may have a right to reimbursement for benefits already paid. This process, known as subrogation, ensures that the workers’ compensation system is not unjustly enriched by your third-party recovery.
Your attorney can help navigate this process and negotiate any reimbursements to minimize the impact on your compensation.
Contact Dupée & Monroe After a Construction Accident Injury in Orange County or the Mid-Hudson Valley
Filing a third-party claim after a construction accident in New York can provide essential compensation beyond workers’ compensation benefits. The process involves several critical steps, including identifying liable parties, gathering evidence, consulting with an experienced attorney, and understanding potential damages and legal complexities.
At Dupée & Monroe, P.C., we represent construction accident victims in Orange County and the Hudson Valley. Our experienced Goshen construction accident attorneys are dedicated to helping you navigate the legal process and secure the compensation you deserve. If you or a loved one has been injured in a construction accident, contact us today for a free consultation.
