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Construction Accident Deaths in NYC Reach 3-Year High

The New York City Department of Buildings (DOB) recently released a report showing that construction worker fatalities have reached a three-year high. In 2022, there were 11 worker deaths in New York City, up from nine in 2021 and 8 in 2020. Nine of the 2022 accidents were a result of falls. What can construction workers do if they’re injured on the job? Can their families sue if they’re killed at work?

Workers’ compensation

Workers who are injured on the job are usually eligible for workers’ compensation. Workers’ compensation covers medical bills and may include wage benefits when an employee is partially or totally disabled. When a worker is killed on the job, their families may file for survivor benefits.

Third-party lawsuits

Unfortunately, sometimes workers’ compensation isn’t sufficient to cover a person’s expenses while they’re out of work. Employees often wonder if they can sue their employer after suffering an on-the-job injury.

Generally, employees are barred from suing their employer, with very limited exceptions for intentional or reckless conduct. However, if a third party was responsible for the injuries, the employee may file a third-party lawsuit. For example, if defective equipment caused the accident, the manufacturer may be held liable.

The advantage of third-party lawsuits is that plaintiffs can collect more compensation than they may receive under workers’ compensation. The plaintiff can request damages for medical costs and lost wages, like workers’ compensation benefits, but they can also pursue damages for pain and suffering, loss of enjoyment of life and more.

If you’ve been injured in a construction accident, time is of the essence. Contact the knowledgeable personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP today.