Injury Suits for Construction Accident May Hinge on Fault

Of 4,188 on-the-job fatalities in 2011, 738 were construction accident deaths. Half of these construction fatalities were caused by what the Occupational Safety and Health Administration refers to as the Fatal Four: Falls, electrocutions, objects striking workers, and workers getting caught between or in hazardous spaces.

“These statistics are indicative of what those in the construction industry have known for years: Construction is dangerous business,” a blogger for the Huffington Post recently pointed out.

As the blog reported, an injured person’s right to compensation through a personal injury suit varies from one state to another.

New York is one of 13 states that follow a pure comparative fault system. New Jersey, like 20 other states, follows a 51 percent modified comparative fault system.

The systems are defined as follows:

  • Pure Comparative Fault System – Injured workers are entitled to compensation as long as they are not 100 percent at fault. Starting at 99 percent at fault, potential compensation amounts increase as workers’ fault decreases.
  • 51 Percent Modified Comparative Fault System — Injured workers are entitled to compensation only if their fault does not reach 51 percent. If they are at 50 percent or less fault, they are compensated by level of fault.

Level of fault is determined by a number of factors. A court can consider the following:

  • Was appropriate safety gear provided by the contractor or site owner?
  • Was the workplace safe for the construction worker?
  • Was the employee provided proper training for the task he was given?
  • Did the site owner or contractor ignore known safety hazards or unsafe work conditions that led to the accident?
  • Was defective machinery involved?

If you have been injured on a construction site, a trained construction accident attorney can help you. Contact the New York City construction accident attorneys at David Resnick & Associates, P.C., for a free evaluation of your case. Call us at 866-213-1916 or fill out our online contact form.

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