If you were injured on a construction site and want to hold the responsible party legally accountable for your medical bills and other accident-related injuries, how you go about recovering compensation depends significantly on the type of case you have. Differentiating between construction defect claims and construction injury claims can be tricky, but getting it right is important to getting the damages you are entitled to. Below, I’ll tell you about both types of claims and how compensation operates differently with each. If you have further questions about a construction site accident, a New York construction defect attorney at Buttafuoco & Associates can provide a free consultation at 1-800-NOW-HURT.
What is a Construction Defect Accident?
If a piece of equipment used on a construction job is improperly designed, manufactured, or assembled and the defect results in injuries to you or a loved one, you may have what is known as a construction defect case.
Many types of defects can result in injuries. A design defect occurs when a piece of equipment or machinery is improperly engineered. A manufacturing defect results due to errors in the assembly process. In some cases, the problem is a marketing defect, where a manufacturer does not provide clear or accurate instructions for safe use of the equipment.
Construction sites are dangerous places even when equipment is safe, and when a defect occurs, the likelihood of injury increases exponentially. Heavy machinery like excavators, jackhammers, cranes, and bulldozers can cause serious accidents if they suddenly malfunction. Forklifts commonly cause injury when their brakes or steering systems fail, or the lifting mechanism malfunctions and causes a heavy load to drop. Cranes can also cause injury or death if a cable snaps or a boom collapses. Excavators and bulldozers suffering from electrical shorts or flaws in steering or braking systems can throw workers from the vehicle. Even safety gear can fail due to improper design or manufacturing.
When construction equipment suddenly fails, the results can be catastrophic. Examples of common injuries in construction defect cases include:
- Lacerations, fractures, and amputations
- Falls and crushing injuries from defective scaffolding
- Electrical shocks, burns, or even electrocution caused by defective wiring
- Puncture wounds, infections, or nerve damage from defective nail guns.
A major difference between construction defect and construction injury cases is that in a defect case, you can file both a workers’ compensation claim to cover accident-related expenses AND a lawsuit against the responsible company, which can entitle you to additional compensation. However, proving a construction defect claim can be challenging. You will need to file a product liability claim by proving:
- The equipment was flawed in its design, its manufacturing, or its marketing
- The flaw led directly to your injuries
- You were using the equipment properly
If your case is successful and you prove that a defect caused your injuries, you may be able to recover damages through a lawsuit including lost wages and lost earning capacity, ongoing medical costs, home modifications, pain and suffering, and more.
An experienced New York construction defect attorney can assist with gathering appropriate witnesses and experts to attest to the flaws in the equipment in court.
How is a Construction Injury Case Different?
A construction injury case is a more general type of personal injury case than a construction defect case. In a construction injury case, your accident and injuries are not caused by defects in the equipment itself, but by other factors. These could include accidents that happen because of a poorly maintained worksite, because your site manager failed to properly maintain equipment or enforce safety measures on the site, or did not keep OSHA training up to date. An injury case could also occur due to your own negligence, or the negligence of another person working on site.
Common construction injury cases include:
- Falls from heights such as roofs, scaffolding, or ladders
- Being struck by falling tools, cranes, or vehicles
- Being trapped or crushed by machinery
- Electrocution
- Slips and falls
- Trench collapse
- Exposure to hazardous materials
- Repetitive use injuries from heavy lifting
If you suffer an injury on the job site that is not due to defective equipment, it may well be the fault of your employer. However, in the state of New York and across the country, employers are immune from lawsuits as long as they carry workers’ compensation coverage.
As long as your employer is covered, workers’ compensation will pay for your immediate and ongoing medical care, lost wages, physical therapy, and permanent disability or survivor benefits if applicable, as well as survivor benefits while you recover from your injuries. Even if the accident was your fault, or no one’s fault, workers’ compensation will pay for accident-related expenses.
Get in Touch With A Construction Injury Attorney Today
Whether your injuries on a construction site were due to equipment or machinery defects, or for other reasons, working with a construction injury attorney serving New York can help you maximize your compensation.
At Buttafuoco & Associates, we believe in fighting for the underdog against negligent corporations and in recovering the maximum compensation possible.
Get in touch today for a free consultation at 1-800-NOW-HURT.
