New York is experiencing an unprecedented construction boom. Construction workers are in high demand, arriving in New York from other states and countries for steady work. Project managers are under extreme pressure to complete construction projects on time and within budget, and many sidestep or violate worker safety regulations, putting electricians and other workers at risk of injury or death. Electricians working as independent contractors who are injured on a construction site may have the right to seek compensation through a third party lawsuit.
Electricians perform some of the most hazardous of all activities on a construction site. The risk of electrocution from high voltage or falls is high. An electrician working as an independent contractor may not be protected by the general contractor’s workers’ compensation coverage. If injured on a construction site, in these cases, bringing a lawsuit against a third party could be possible.
An electrician who works as an independent contractor and suffers serious injuries on the job may be left out in the cold, with no way to collect workers’ compensation benefits. However, when it can be proven that a third party was negligent and that those acts caused the injuries, there is hope for justice. Busy New York worksites generally have many contractors, subcontractors, and independent contractors on site. If a party other than a co-worker or employer has acted in a negligent manner, that party could be held liable, and forced to pay compensatory damages.
An electrician who is an independent contractor could suffer severe or life-threatening injuries while performing electrical work. One of the factors that must be addressed is determining whether the employer misclassified the electrician as an independent contractor. Every detail of the case should be evaluated thoroughly to identify the parties that could be held liable in a personal injury claim. The liable parties could be any of the following:
Employers who have been found to be grossly negligent in protecting the safety of workers on the site.
- A utility provider.
- Property owners.
- Equipment manufacturers.
- Wiring or switch manufacturers.
Performing electrical work is among the most dangerous of all construction jobs, with many inherent risks, as reported by OSHA, which include:
- ARC flashes, blasts
In cases in which another party has acted in a negligent manner, the following types of damages could be pursued in a lawsuit filed in New York civil courts:
- Economic damages: The financial losses associated with medical care and treatment, lost wages, lost earning capacity, and other financial damages.
- Non-economic damages: Pain and suffering, emotional anguish, loss of enjoyment of life, reduced quality of life, and other personal and emotional damages suffered by the injured electrician.
Employers on construction sites and their insurance companies employ various strategies to attempt to deny valid claims. If your claim has been denied, it may be that your employer or the insurance company is asserting:
- You were not injured on the job.
- You were not an employee.
- You did not notify your employer within the time limits required.
- You were not treated by the medical provider approved by the insurance company.
- You did not file a claim within the time limits required.
- You were engaged in dangerous actions such as horseplay, practical jokes, or other unsafe activities.
- The employer did not commit any acts of gross negligence.
If your claim is denied, you and your family face financial ruin. You have the right to appeal the decision. To pursue the benefits you deserve, you need help from a workers’ compensation attorney who has a record of success in appealing denied workers’ comp claims. The success of your New York workers’ comp claim and third party lawsuit will, in large part, be a direct result of the skills, knowledge, and experience of your attorney.
At Wingate, Russotti, Shapiro, Moses, and Halperin LLP, we are honored to be recognized by Super Lawyers Magazine, and to be rated AV (preeminent) by Martindale-Hubbell, the premier attorney rating service in the USA. We have recovered many high-value settlements and verdicts in civil court and have won hundreds of millions of dollars for our clients. Call (212) 986-7353 for a free consultation.