New York follows a system of pure comparative negligence, which affects a victim’s ability to recover compensation when they share responsibility for an accident in which they’re injured. However, the contributory fault rule doesn’t always apply in construction accident cases. Whether or not shared fault affects your ability to recover compensation for injuries you’ve recently suffered in a NYC construction accident will depend on the type of claim you file.
Workers’ Compensation Offers No-Fault Benefits
Most construction workers in New York City will qualify for workers’ compensation benefits. This is true as long as the worker is an employee whose construction injury was legitimately work-related. Workers’ compensation is a private insurance system that awards benefits to injured employees, allowing them to recover limited economic support without having to deal with the hassle of filing a lawsuit. In theory, benefits can be awarded quickly without imposing undue stress on injured workers.
Benefits are awarded regardless of shared fault. New York’s pure comparative negligence rule doesn’t apply. You can even receive workers’ compensation benefits if a construction accident was entirely your fault. In exchange for a quick and secure path to financial support, you waive the right to bring a lawsuit against your employer.
Damages Pursued Through a Civil Construction Accident Lawsuit Can Be Affected by Shared Fault
New York has important protections in place for construction workers who get hurt on the job. In addition to collecting workers’ comp benefits, you might also be able to pursue damages from a third party with a civil personal injury lawsuit. Most construction accident lawsuits involve negligence or a defective product. If you’re able to file a lawsuit, shared fault can affect your financial recovery.
CPLR Section 1411 provides that “the culpable conduct attributable to the claimant…including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.” Put another way, sharing fault won’t prevent you from recovering compensation for your construction accident injuries, but it will limit how much money you can get from a liable third party.
The reduction in damages is proportionate to fault. The more you bear responsibility for your construction accident or your resulting injuries, the less you can potentially recover when you sue. If your shared fault for a construction accident is 25 percent, you’ll face a 25 percent reduction in the value of your settlement agreement or jury award.
Construction employers, general contractors, property owners, and other liable parties won’t hesitate to try to use this rule to their advantage. If they can point a finger at you and shift some of the blame for the construction accident to you, they can significantly reduce the amount of money they’ll have to pay if you win your lawsuit.
How Can I Fight Back if I’m Being Blamed for My New York Construction Injuries?
If you file a construction accident lawsuit in New York and the defendant tries to turn the tables and blame you, it’s important to enlist the help of an experienced and knowledgeable legal advocate. Hiring a New York construction accident attorney at The Platta Law Firm can protect you from these tactics, safeguard your fight for compensation, and help you achieve the best possible case results. When you hire The Platta Law Firm, we’ll:
- Anticipate any attempts that might be made to blame you for your injuries
- Gather evidence to disprove these claims
- Obtain evidence that demonstrates the other party’s liability
- Work to discredit eyewitness accounts or undermine witness credibility
There might be times when you are partly to blame. In these situations, our construction accident attorneys in New York will determine the best way to minimize your contributions and limit the degree to which you ultimately bear responsibility for your injuries. The less liability you share, the more compensation you can recover through a civil lawsuit for damages.
The Platta Law Firm provides award-winning legal representation to injured construction workers in New York City, New York. Our case results don’t just change our clients’ lives; they set records and shape the law, as well. Don’t hesitate to contact our NYC law office at (212) 514-5100 if you’ve been hurt in a construction accident. We offer a free consultation, and we’re happy to discuss your case and help you understand your legal options.