While working on a construction site, Mr. G’s foot was run over by a piece of heavy equipment causing him to fracture a bone in his foot into multiple fragments (comminuted fracture of the first metatarsal). This foot injury required multiple surgeries to repair, caused Mr. G to miss over 1 year of work, and left him with a permanent disability. Mr. G was in his mid 40’s at the time of the incident and was an active and avid outdoorsman who loved to hunt, go camping, boating, and fishing, all of which have been impacted since this injury.
While Mr. G was entitled to workers compensation benefits to pay lost earnings and medical expenses while he was dealing with the fallout of this accident, he was also entitled to bring a lawsuit against the contractor and subcontractor who caused his injuries.
Can An Injured Worker Bring A Personal Injury Claim, In Addition To Receiving Workers Compensation Benefits, When Injured At A Construction Site?
In this case, a subcontractor who was operating a piece of machinery known as a lull, backed into the plaintiff. Because the driver of the lull was not paying attention, he struck the plaintiff causing the foot injury. This injury could have been prevented if the operator of the lull was paying attention to his surroundings.
Labor Law §§ 200(1) and 241(6) codify a general contractor’s common law duty to provide workers with a reasonably safe place to work. Liability under Labor Law §200(1) depends on the negligence of a contractor or subcontractors that create an unsafe workplace. Subcontractors may be held liable as agents of the general contractor, who are required to protect workers at a construction site.
In this case, the subcontractor who unsafely operated the equipment was responsible for the injuries caused to Mr. G.
What Type Of Damages Can An Injured Worker Recover Following An Accident On A Construction Site?
Following an injury at a construction site, the injured worker can bring a personal injury claim to recover both economic damages (any unreimbursed lost earnings and any unpaid medical expenses) as well as non-economic damages (commonly known as pain and suffering damages). In this case, experts for Mr. G included an orthopedic expert who testified that Mr. G will experience difficulty standing for extended periods; will experience difficulty walking for extended periods; will experience difficulty traversing uneven or rough terrain; and that he should avoid work that requires quick movements, or working around dangerous machinery. Sadly, the experts also said that this injury no longer allow Mr. G. to meet the full demands of his work and that his condition is permanent.
What Type Of Compensation Can A Person Get From An Injury At A Construction Site?
For Mr. G, after years of litigation, the matter ultimately settled prior to trial for over 1.6 million dollars.