Can I Recover Damages for My New York Construction Accident Injury if the Hard Hat or Other Pro

Q
Can I recover damages for my New York construction accident injury if the hard hat (or other protective gear) that I was wearing was defective?
A

Yes, you may be able to recover damages for your New York construction accident injuries if your hard hat, or other protective gear, was defective. In some cases you may be able to file a New York workers’ compensation claim for your construction accident injuries, and in other cases a lawsuit may need to be filed. An experienced New York construction accident lawyer can advise you about your rights and about filing the correct kind of claim.

Generally, New York workers’ compensation law is a no fault law. That means that even if your own negligence caused the injury you might be able to recover damages. However, in the case you described above, your injury was not likely caused by your own negligence; you may not have suffered the injury if your hard hat or protective gear had performed properly. Your employer may have had a duty to reasonably inspect the gear provided to you to ensure its safety. If the defect was the result of a manufacturing or design defect, then the manufacturer may also be responsible for your injuries.

It is not necessary for you to know who was at fault for your construction site accident injuries when you contact a New York construction lawyer. Your lawyer will fight to get you the recovery that you deserve from the proper parties. Please read our FREE pamphlet, Hurt in a Construction Accident? You’re Not Alone , to find out more about your rights and please call 1-800-362-9329 to speak with an experienced New York construction attorney.