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Height-Related Accidents: Who Is at Fault?

Height Related Injuries

Have you been recently injured on a jobsite? Meeting with a New York construction accident lawyer like The Dearie Law Firm, P.C. can help you get the compensation you deserve. However, it can only help your case to determine who is most likely at fault for your pain and suffering.

Think about it—any two height-related accidents at a construction site can have significantly different circumstances. You can be hurt if you fall, if something falls on you, if equipment malfunctions, and many other ways. If it’s not clear who is to blame for your injury, then that makes it harder to pursue the proper restitution. For now, here are some simple guidelines to determine if your injury boils down to a workers’ compensation claim or a third-party lawsuit.

Workers’ Comp or Third-Party Lawsuit?

If you’re hurt while working and cannot work because of it, then you have a right to workers’ compensation. You don’t need to establish a burden of proof to file a claim. You simply have to show that you were injured while on the job. Workers’ compensation is guaranteed by law and is often covered by an employer’s insurance.

For a third-party lawsuit, you must show that the cause of the injury is somebody else’s fault. This can be a deliberate or a negligent action. Faulty equipment, unsafe working conditions, and poorly maintained buildings can all lead to height-related accidents. These lawsuits require action on behalf of the injured party, often in the form of working with a construction site accident lawyer.

There are many benefits to pursuing a third-party lawsuit, especially the more severe an injury is. Workers’ compensation pays for medical expenses, lost wages, and a few other things related to getting you back to work. A third-party lawsuit is more comprehensive and can include provisions for future pain and suffering. They can also set the groundwork for changes in the workplace that can protect others.

First Things First, Get Medical Attention

No matter the source of the accident, be sure to take care of yourself and get treatment for your injuries. This will help you keep a clear mental space while you move forward with any potential litigation. Plus, it also helps establish facts and a timeline that can be essential to the success of your case.

FindLaw, an online resource for legal information, recommends at least taking these precautions:

  • Get medical attention and keep any documentation of your injuries;
  • Make sure you report the accident at work and remember the names and positions of anybody you talk to;
  • Gather a list of potential witnesses, including contact information and anybody who might have knowledge of workplace policies; and
  • Keep any evidence from the accident you can—this can be pictures, items involved in the injury, and anything else you think would be helpful.

Construction Accident Experience Matters

While only a court can decide who is legally at fault for a certain action, the New York construction accident attorneys at The Dearie Law Firm, P.C. can help you figure out where to start. We’ve secured millions of dollars in compensation for our many clients who have been unfairly injured on the job. Contact The Dearie Law Firm, P.C. or call (212) 970-6500 to speak with someone today.