I Was Run Over by an Excavator During NYC Construction — Who Do I Sue?

If you were run over by an excavator during NYC construction, you have the right to sue third parties whose negligence caused or contributed to the accident. To file a lawsuit, you will have to establish a connection between the third party and the circumstances that led to your injuries.

Our NY excavation accident lawyers will investigate your accident, collect evidence that proves your case against the at-fault party, and fight hard for the settlement or verdict you are entitled to. We charge no attorneys’ fees until you win.

What to Do After Being Run Over by an Excavator During NY Construction

Following an excavator accident, your first steps should include:

• Seeing a doctor: Medical care is essential after any workplace injury. Seeing an on-site medic or going to the emergency room will protect your health and create a medical record we can use to strengthen your case.
• Reporting the accident: You must file a written report with your employer within 30 days of the incident, according to WKC 18. Not doing so could affect your ability to collect workers’ compensation benefits.
• Collecting evidence: If possible, take photos of the excavator and the area where you were run over, and take note of any witnesses who might be able to provide additional details about how the accident happened.
• Continuing with medical care: Even if you start to feel better, follow all of your doctor’s orders.

It is also vital to get legal advice as soon as you can. The New York construction accident lawyers at our firm will explain your rights and fight hard to protect them as we sue for a workplace injury on your behalf. We provide these services to all injured construction workers, regardless of their immigration status.

Who Can I Sue If I Was Run Over by an Excavator at a Construction Site?

You generally cannot sue your employer, but you may be able to sue one or more third parties who negligently contributed to your accident. For example:

• If the worker operating the excavator was not adequately trained to do so, you could sue the contractor or company that employs that worker.
• If the excavator malfunctioned due to poor maintenance, you could sue the company responsible for maintaining the excavator.
• If a hazard on the worksite caused the excavator to lose control and run you over, you could sue the worksite owner for failing to maintain a safe workplace.

Paths to Compensation After Being Run Over by an Excavator During Construction in NY

You may have more than one option for seeking compensation after being run over by an excavator.

Your first option is to file a claim for workers’ compensation benefits. Workers are eligible for these benefits if they are injured while performing their regular job duties for an insured employer. Almost all New York employers must carry workers’ comp insurance, so you, as an injured construction worker, likely have access to these benefits.

You might also have the right to file a personal injury claim or lawsuit against a third party, such as those listed above.

Can I File Both a Workers’ Compensation Claim and a Personal Injury Claim?

Yes, you can file both a personal injury claim for the negligence of a third party and a workers’ compensation claim.

Our team can bring a personal injury lawsuit and work closely with our affiliated workers' compensation lawyers to pursue reasonable damages through all available avenues. You have a limited time to begin any sort of action, so it is important to ask for legal help and get started as soon as possible.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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What Compensation Can I Seek If I Was Run Over by an Excavator During Construction?

Excavator accidents can have a devastating impact on your health, your career, and your finances. If you recover benefits from a workers’ compensation claim, your workers’ comp payout will likely include medical care and a portion of your lost wages. If you suffered a permanent disability or lost a loved one, you could be entitled to additional benefits.

If you pursue an excavation accident claim based on negligence, you could potentially recover a greater range of damages, including non-economic damages like:

• Past and future pain and suffering
• Mental trauma
• Physical disability
• Loss of consortium
• Loss of quality of life

You could also recover economic damages like:

• Past and future medical bills
• Lost wages and earning capacity
• Lost job benefits, including union benefits
• Out-of-pocket expenses

After a fatal accident, the deceased’s estate could also file a third-party claim or lawsuit to pursue wrongful death damages, including your loved one’s pain and suffering and funeral expenses.

The types and amounts of compensation an injured worker receives will depend on factors specific to their case, including how severe their injuries are and whether they will ever recover enough to return to work full-time.

Fight for Justice After a Construction Accident

Oresky & Associates, PLLC, has recovered over $500 million in settlements and verdicts for our clients since 1992. Call (718) 993-9999 to learn more through a free consultation. Our legal team will take the time to understand your situation so we can provide detailed, accurate advice on who you can sue if you were run over by an excavator during NYC construction. If you cannot travel, we will come to see you at home or in the hospital.