If you are a New York or New Jersey construction worker, chances are that you work in or around a wide variety of vehicles on a daily basis. Not surprisingly, the chances are also good that one or more of the vehicles will eventually be involved in a collision. If you are injured, you will likely ask who is to blame. More importantly, you will need to know who is financially responsible for the physical, emotional and financial devastation the accident caused.
The answer often is not simple and is very fact specific, meaning there is no one-size-fits- all answer. However, some general guidelines and information apply to any construction worker who is injured in a vehicle accident while on the job.
Was the Accident Work-Related?
The first question that must be answered is whether the accident was work-related, or “in the scope of employment.” A construction worker often drives a company vehicle to and from job sites. Sometimes the worker is also allowed to drive the company vehicle home at night. This can make the issue of “scope of employment” confusing in some cases. Along with company trucks, construction workers also frequently operate heavy machinery while on the job. Bulldozers, forklifts, cranes and excavators are all commonly operated at a construction site. As a general rule, it is easier to determine when one of these is being used “in the scope of employment”.
Am I Entitled to Workers’ Compensation Benefits for My Injuries?
Transportation accident injuries consistently rank at the top of the list of the most common workplace accidents each year, according to the Bureau of Labor Statistics. If you are injured in a vehicle accident while on the job in the construction industry you will most likely be entitled to workers’ compensation benefits. Workers’ compensation in New York and New Jersey is a no-fault system, meaning that you do not need to prove that someone else was to blame for the accident.
Am I Entitled to Third-Party Compensation?
Although you may be entitled to workers’ compensation benefits for a vehicle accident, those benefits may fall short of compensating you for all of your injuries. The good news is that you could also be entitled to third-party compensation if a third party – not your employer – was partially or totally responsible for the accident. This is often the case in vehicle accidents on construction sites where numerous companies and people work within the same small space. If, for instance, an employee of another construction company ran into you with a bulldozer, you could be entitled to compensation through a third-party lawsuit against that individual or the company employing the individual.
If you have been injured in a vehicle accident or other type of accident on a construction site , you could be entitled to third-party benefits. Contact the New York/New Jersey construction accident attorneys at Ginarte Gonzalez Winograd L.L.P., to find out what legal options you may have. With seven offices conveniently located in the New York/New Jersey metropolitan area including a new Queens office, we have an office near you. Contact the firm today by calling 888-446-2783 or fill out our online contact form.