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Third Party Construction Accident Claims Lawyer

If you have been injured in a construction accident, you already know that you are able to file for workers’ compensation. You are also able to file a third party accident claim. The third party may be an organization, person, municipality, or other entity other than the employer or co-worker who is responsible for your injuries or illness.

On construction sites, most third parties are general contractors or subcontractors. The third party may also be another individual or entity that caused a workplace injury who is otherwise not related to the work site, i.e., an equipment manufacturer.

If you have been injured on a construction site, contact a New York construction accident attorney to help you with your workers’ compensation claim and any third party claims that you should be filing to ensure that you get all of your injuries or illnesses caused by the workplace or a third party covered.

When Is a Third Party Involved

If you have evidence that shows a third party’s negligence caused a workplace injury, you may add that person as a third party claim. Examples of claims include:

  • Claims against a contractor who did not erect scaffolding in a proper manner, thus causing injuries when the scaffolding collapsed.
  • A claim against an equipment manufacturer who knowingly used defective parts in the equipment or unknowingly used defective parts but learned later of the problem and did not correct the issue, causing injuries or deaths at the workplace. For example, weakened steel bolts or pins holding a crane together, or knowing that a crane is apt to tip over under certain circumstances.
  • A claim against a general contractor who did not provide workers with the proper safety equipment or adequate safety equipment and those workers suffered injuries because of inadequate or missing safety equipment.
  • A claim against a cleaning service that the contractor subcontracted when the cleaning service left hazards on the work site. The hazards caused someone to trip and fall and get hurt.
  • A claim against a visitor to the site who negligently dropped a piece of equipment onto a worker on a lower level, causing injuries.
  • A claim against a person who drives through improperly set up safety barriers around the construction site when that person is committing negligent behavior such as driving while distracted or driving under the influence.

The third party does not have to be the only one responsible for the injury. Even if you believe your employer is partially at fault, you should at least investigate the third party claim to find out where the fault lies. In our last example, if the contractors set up the safety barriers properly, but the person who drove through was going 60 miles per hour and driving under the influence, your employer may not be responsible for any of your injuries. However, if in the same situation, the barriers were not properly installed, the drunk driver and your employer could both be responsible for your injuries.

Filing a Workers’ Compensation Claim and a Third Party Claim at the Same Time

You can file a third-party claim at the same time as your workers’ compensation claim. However, your employer’s insurer does have the right to attempt to recover the money that is already paid on your behalf. In many cases, filing a third party claim covers more than workers’ compensation does. However, if you file just the workers’ compensation claim, you are most likely limiting the amount of financial recovery you might be entitled to.

In New York, workers’ compensation law only allows you to recover compensation for medical costs and some lost wages. Lost wages are capped under New York workers’ compensation laws. Additionally, if a person’s or company’s negligence caused your injuries, you won’t be able to collect non-economic losses. If your injuries are bad enough so that you can’t recoup all of the lost wages, the income is gone forever. Filing a third party claim allows you to collect what is due to you.

Non-Economic Losses

Workers’ compensation does not allow you to collect for non-economic losses such as pain and suffering, loss of earning capacity, or decreased enjoyment of life. You could suffer any of these because of a workplace incident that caused injuries or the death of a loved one. Even though filing a third party claim is more work on your part, and the compensation it could bring does not bring back a lost loved one or wipe out permanent disabilities, the extra compensation makes a big difference in your financial circumstances; especially if you are injured enough so that you can no longer work in the same job or field, or if you lost a loved one due to a construction accident.

Valid Third Party Claims

The best way to know if you have a valid third party claim is to discuss your construction accident with a Bronx construction accident lawyer such as Ivan Diamond. Every case is different and they all have unique challenges. You can help determine if you have a valid third party claim by recalling as much as you can about the accident and letting us know who may have witnessed the accident.

Part of our investigation into your accident is to:

  • Learn whether proper safety equipment was available, in good working order and was appropriate for the job;
  • Check for defective equipment including heavy equipment, work trucks, and tools;
  • Check for scaffolding issues including proper setup; and
  • Find out who is responsible for the equipment and/or actions that caused your injuries.

We’ll look into every aspect of your injury or illness, such as asking witnesses if someone who should not have been on the job site was there and could have possibly caused the accident or illness.

Workers’ compensation claims and third party claims could get complicated because of the number of lawyers involved in these types of cases. In a case that you may think is simple at first, you could nonetheless end up dealing with several attorneys and organizations at once, including:

  • Your employer’s attorney;
  • The workers’ compensation insurance company’s attorney;
  • Your employer’s insurance company’s attorney;
  • The attorney for a contractor or subcontractor if you file a claim against the third party;
  • The attorney for the contractor or subcontractor insurance company;
  • In the case of product liability, such as a crane that caused your injuries, the attorney for the manufacturer;
  • The attorney for the manufacturer’s insurance company; and
  • The attorney for the coworker that may have caused or partially caused the accident.

As you can see, the people involved in a case are often more than just you and your employer’s attorney. Insurance companies look out for their bottom line, so in most cases, a person covered by insurance also has an attorney.

Contact the Ivan Diamond Bronx Personal Injury Attorney

If you have been injured in a construction accident or you lost a loved one because of an accident, contact a New York construction accident lawyer at the Ivan Diamond Bronx Personal Injury Attorney at (718) 588-2000 for a free consultation and to learn more about your rights.

Bronx Personal Injury Attorney

Address: 888 Grand Concourse Suite #1L,
New York, NY 10451

Phone: 877-960-1702

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Common Types of Injuries I Handle

Car Accident

Car Accident Icon

After sustaining severe injuries with high medical costs, victims may seek additional compensation from the at-fault party's insurance provider.

Bronx Work Accident Lawyer

Even if you follow every safety precaution at your place of employment, it's still possible to suffer an injury or illness because of your work.

Bronx Slip and Fall Attorney

Birth Injury

Birth Injury Icon

Most of us never consider the hazards associated with childbirth because it’s such a common occurrence.

Traumatic Brain Injury

Traumatic Brain Injury Icon

Any direct head trauma or violent jolt of the head can cause damage to the brain tissue.

Bronx Subway Injury Attorneys

For many, riding the subway in the Bronx and throughout New York City is not a luxury but a necessity. It is a necessity that comes with a risk.

Bronx Medical Malpractice Attorneys

Medical professionals owe their patients a high level of care, and take an oath to “first, do no harm” when treating patients.

Bronx Wrongful Death Attorney

Bronx Product Liability Attorneys

When you purchase a product, you have certain expectations. At the very least, it should be well-made and safe for use. And for the vast majority of products, these expectations are met.

Bronx Nursing Home Negligence Attorney

Most nursing home residents get exactly what they pay for. Caring staff members assist them with daily activities, and they enjoy their senior years as comfortably as possible.

Bronx Dog Bite Attorney

Contact A Bronx Personal Injury Lawyer Today

Ivan Diamond Bronx Personal Injury Attorney fully dedicate ourselves to our clients, who are injured accident victims just like you. If you’re wondering about your options following a serious injury, look no further. We’re here to stand up for your rights to insurance companies and fight for the full financial recovery you deserve. Contact us today to learn more!

If you were injured due to someone else’s negligence or medical malpractice, or if you have lost a family member in a wrongful death, act quickly. The law limits the time you have to file a claim. The insurance companies on the other side begin investigating immediately and they won’t hesitate to challenge your rights at every turn. They may even pressure you to accept a settlement worth far less than what you deserve.

If you were injured in a Bronx-area accident that wasn’t your fault, or you’ve lost a loved one to a tragedy, you may be entitled to compensation. Having an experienced injury and accident lawyer on your side can be your best shot at recovering the maximum you deserve. Don’t wait.

Call now for free case review

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  • Practice Areas
    • Auto Accidents
      • Bus Accidents
      • Truck Accidents
      • Head-On Collisions
      • Taxi Cab Accidents
      • Uber Accidents
      • Ridesharing Accidents
      • Motorcycle Accidents
      • Pedestrian Accidents
    • Work Accidents
      • Construction Accidents
      • Premises Liability
      • Burn Injuries
    • Slip and Fall Accidents
    • Birth Injury
    • Traumatic Brain Injury
    • Subway Injuries
    • Medical Malpractice
    • Wrongful Death
    • Product Liability
    • Nursing Home Negligence
    • Dog Bite
  • About Us
    • About Ivan Diamond
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    • Bronx Accidents
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