Common Questions About Construction Accident Cases

When dealing with a construction accident, it is natural to have many questions. Here are some of the most common questions and their answers.

How Long Do I Have to File a Claim?

The statute of limitations for filing a construction accident claim in New York is three years from the date of the accident. This means you have up to three years to file a personal injury lawsuit. However, if the construction accident results in a wrongful death, the statute of limitations is two years from the date of death.

It’s important to act promptly. Evidence can be lost, and memories can fade over time. Missing the deadline means you may lose the right to seek compensation entirely.

Can I Sue My Employer?

In most cases, if you are injured on the job, you cannot sue your employer directly because workers’ compensation laws provide a no-fault system that protects employers from lawsuits. Instead, you would typically file a workers’ compensation claim, which covers medical expenses and a portion of your lost wages.

However, there are exceptions. You can sue your employer if:

  • The employer intentionally harmed you.
  • The injury was due to your employer’s gross negligence.
  • You were injured by a defective product or machinery, and your employer knew about the defect but did nothing to fix it.

In addition to your employer, you may be able to sue third parties, such as equipment manufacturers or subcontractors, who may also be liable for your injuries.

What Compensation Can I Receive?

If you successfully file a claim, there are several types of compensation you may receive. These include:

  • Medical Expenses: Covers hospital bills, surgery costs, medication, rehabilitation, and any other medical care required due to the accident.
  • Lost Wages: Compensates for the income you lost while unable to work. This can also include future lost earnings if your injury affects your ability to work long-term.
  • Pain and Suffering: This covers the physical pain and emotional distress caused by the accident. This compensation seeks to address the non-economic impact of your injury.

Understanding what you’re entitled to can help you make informed decisions and ensure that you receive the support you need to recover.

This covers some of the most common questions concerning construction accident cases. Being aware of your rights and the legal avenues available can make a significant difference in the outcome of your case.


Navigating the aftermath of a construction accident can be overwhelming, but having a skilled Queens construction accident lawyer by your side can make a world of difference. They understand the nuances of such cases and are dedicated to fighting for your rights to secure the compensation you deserve.

If you or someone you know has been involved in a construction accident, don’t hesitate to seek professional legal advice. A qualified lawyer can guide you through the complex legal process, help you understand your options, and work tirelessly to ensure you receive the support you need to recover.

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