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Can I Sue My Employer After A Construction Accident In New York?

construction workers on top of an unfinished building area in the afternoon
Construction Accident Injuries I Greenberg & Stein P.C.

Construction accidents can leave injured workers with very serious lesions and long term consequences. The construction industry is without a doubt the most dangerous one. Injuries can occur in a variety of ways on construction sites. Falls, faulty equipment, dangerous conditions at the construction site, etc. Undoubtedly, injured workers will need to get medical care, which, depending on how serious the injury is, may be very expensive.

Many people believe that suing their employer is the best course of action for obtaining financial compensation for their injuries. However, after a construction accident, you may only very rarely be able to sue your employer in the state of New York. Most of the time, in order to be compensated for their medical costs and lost wages, injured workers must file a workers’ compensation claim.

What Does The Workers’ Compensation Law Say?

In New York, all employers are required to purchase workers’ compensation insurance. In case an employee gets injured at work, they must submit a workers’ compensation claim. The workers’ compensation system allows injured employees to receive compensation without having to demonstrate employer negligence. Since the workers’ compensation system is “no-fault,” even if the employee contributed to the accident in some way, they are still entitled to benefits.

The biggest drawback of workers’ compensation benefits is that, while you can get money to cover medical costs, you can only get money to cover two-thirds of your lost income. Furthermore, noneconomic damages such as pain and suffering are not covered by workers’ compensation benefits. Unless the employer intentionally injured the employee, the workers’ compensation system prevents injured workers from suing their employer.

Nevertheless, in the state of New York, it is possible to seek compensation if you sue a third party. If you decide to file a personal injury lawsuit against a third party, you must demonstrate that their negligence caused the accident in which you were injured. It is not always clear whether or not a third party can be sued. Having a construction accident lawyer on your side can be very beneficial. A lawyer would be able to determine whether there is actually a third party who can be sued after looking into the case.

What compensation Could I receive if I sued a third party for an injury in a construction place?


The ability to obtain compensation for damages that are not compensable through workers’ compensation benefits is the primary advantage of bringing a personal injury lawsuit against a third party. These are some of the damages that you can recover through a personal injury lawsuit:

  • Present and future medical bills.
  • Physical therapy expenses
  • Full compensation for lost wages
  • Compensation for diminished earning potential
  • Transportation costs
  • Personal care, nursing care, or modifications to the injured worker’s house for medical purposes

Furthermore, you can also receive compensation for noneconomic damages:

  • Mental anguish
  • Pain and suffering
  • Decreased level of quality of life
  • Reduced ability to enjoy life

Who Could Be Liable For My Injuries In A Construction Accident?

An injured construction worker may bring a personal injury claim against the party or parties who were at fault for the accident after it occurs. These are some of the most common third parties that can be held liable for a construction accident:

  • Property owners or homeowners
  • Contractors and employees from a different company
  • Defective product manufacturers
  • Architects and engineers

Keep in mind that you must prove that the third party you are suing was negligent in some way, and due to their actions (or lack of action) you ended up suffering injuries.

Property owner waiting for his contractors at a construction site
Who Could Be Liable For My Injuries In A Construction Accident? I Greenberg & Stein P.C.

For example, property owners and homeowners have to ensure that the premises are safe for workers. If there are any hazardous conditions, they must be removed or fixed within a reasonable amount of time. If the property owners refuse to correct a dangerous condition that they are aware of, they may be held liable for the injuries sustained by the worker.

The manufacturer of a defective tool or piece of machinery that causes harm to a worker may be held liable through a product liability claim.

There may be several contractors or businesses working on a construction site at once. An injured worker may file a lawsuit against the employer of the employee or contractor who caused their injuries.

Why Do I Need To File A Third-Party Claim For A New York Construction Accident?

You may be able to recover compensation for losses that workers’ compensation benefits do not cover if you file a personal injury claim against a third party for a New York construction accident. The majority of injured workers who receive workers’ compensation benefits do not get as much money as they actually need to cover their accident-related costs. You should not bear the financial burden that a workplace injury will bring. If another party is at fault, you should demand compensation from them.

How My Claim Could Be Affected By Comparative Negligence?

You must be ready to be blamed in part or entirely for your injuries when you make a personal injury claim against a third party. A third party may claim that you were responsible for the accident or contributed to it. New York is a comparative negligence state.

This means that if the jury finds that you contributed to the accident in some way, your compensation will be diminished in proportion to your level of fault. For example, if an accident occurs while you are at work and a third party alleges that you were not wearing the appropriate safety equipment, the jury may find that you were 40% to blame. If your compensation was supposed to be $20,000 then you will receive $12,000.

Greenberg & Stein Construction Accident Lawyer

Greenberg & Stein P.C. is a prestigious law firm in New York. We have lawyers specialized in construction accident cases. Our legal team has helped numerous workers who suffered injuries at a construction site to receive fair compensation for their injuries. Our attorneys will assist you in gathering the proof required to make a compelling case, interview any potential witnesses, and make sure all deadlines are met. If you have recently been injured in a construction work accident. Do not hesitate in contacting us. Call us at 888-716-3843 to schedule a free consultation to review your case.

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