Who Can I Sue After a Construction Accident in New York?

Our work injury attorneys can hold third parties accountable

Construction is dangerous work, and every year in New York, workers are seriously hurt in workplace accidents. These workers are eligible to receive workers’ compensation benefits that cover the cost of medical treatment and also provide them with partial lost wages. Many wonder if they can also file a lawsuit.

Workers who are receiving workers’ compensation benefits can’t sue their employer for damages, even if the employer’s negligence caused the accident. But if the negligence of a third party contributed to a workplace accident, injured workers may have the option to pursue a personal injury lawsuit to seek additional compensation.

Third parties who may have been negligent in an accident

Construction sites are usually very active, and there are typically multiple involved with the project. If one of these parties was negligent and caused an accident that left a worker hurt, they can be held liable. Examples of third parties include:

Contractors: General contractors or subcontractors are often hired for big projects and are responsible for specific tasks or areas on the construction site. As an example, if a subcontractor fails to secure scaffolding properly, leading to a collapse and injury to a worker, they may be held liable.
Architects and engineers: Design professionals who are responsible for the structural integrity and safety of the construction project may be held liable if their design or engineering errors contribute to injuries. For example, an engineer's miscalculations may have resulted in a building collapse.
Material suppliers: Suppliers that provide construction materials or equipment could be liable if defective or substandard materials lead to accidents.
Safety consultants: Companies or individuals hired to provide safety consulting services on the construction site may be held accountable if their advice or safety measures are inadequate, leading to accidents and worker injuries.
Equipment manufacturers: Manufacturers of construction equipment, such as cranes, bulldozers, or excavators, may be liable for negligence if a defect in their equipment causes an accident.
Property owners: In situations where the construction site is on someone else's property, the property owner may be held liable for accidents caused by hazardous conditions on the premises, if the owner failed to address known safety hazards.
Safety inspectors: If independent safety inspectors fail to identify or address safety hazards during site inspections, and a worker is subsequently injured due to those hazards, the inspectors could be held liable for negligence.
Utilities and service providers: Companies responsible for providing utilities and services to the construction site, such as electricity, water, or gas, might be held liable if their negligence results in accidents – for example, a gas explosion.
Drivers: If a worker was hurt when the driver of a car caused an accident, that driver could be held liable.

What types of compensation can I recover?

In New York, workers' compensation benefits cover the costs of reasonable and necessary medical treatment and partial replacement of lost wages. Injured construction workers may be able to recover additional types of compensation through a personal injury lawsuit. Depending on their specific situation, this can include:

Lost Wages: If a workplace accident caused the injured worker to miss work, they can pursue compensation for the wages that were lost beyond what workers' compensation provides.
Pain and Suffering: An injured worker may be eligible to recover compensation for the physical pain, emotional distress, and mental anguish they endured due to the workplace accident.
Loss of Enjoyment of Life: The injured worker may pursue compensation for the loss of enjoyment of life if the injuries have affected their ability to participate in activities and hobbies they once enjoyed.
Disfigurement: If an injury caused scarring or disfigurement, the injured worker may be able to seek compensation for the impact on their appearance and emotional well-being.

How can a construction accident attorney help?

An experienced construction accident lawyer can help you navigate the claims process to get the benefits that you deserve for your injuries. But a lawyer can also help you with a third party lawsuit. Your attorney can:

conduct a thorough investigation into the circumstances surrounding your workplace accident by gathering evidence, interviewing witnesses, and reviewing relevant documents
identify all potentially responsible parties whose negligence or actions contributed to the accident
assess the liability of the third party, evaluating their negligence or wrongful actions that led to your injuries
handle all aspects of filing the third-party lawsuit on your behalf, including preparing and submitting the necessary paperwork within deadlines
negotiate with the party’s insurance company to seek a fair settlement for your injuries, damages, and losses
present your case to a judge and jury if it goes to court.

Your lawyer will fight to recover the financial compensation you deserve to complement your workers’ compensation benefits.

We fight for injured workers throughout New York

If you were hurt in a construction accident, life can change in an instant. A workplace injury can impact you and your family physically, emotionally, and financially. It’s important to get legal advice as soon as possible to understand your rights. The experienced construction accident attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP are ready to help.

Our firm has been fighting for injured workers for more than 90 years. We understand the devastating impact an injury can have on construction workers. Our attorneys are determined to help injured workers get the workers’ compensation benefits they need. We can also identify negligent third parties and build a strong case that holds them accountable.

Our firm has recovered millions for clients through settlements and awards in third party claims. Learn more about how we can help you. Contact us to schedule a free case evaluation.

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