Construction work in New York is inherently dangerous, with accidents like falls, falling objects, trench collapses, and electrical incidents altering workers’ lives instantly. While most injured workers turn to workers’ compensation benefits through their employer, they often don’t realize this isn’t the only avenue for recovery. Please continue reading as we delve into who can be held liable for a construction injury and how an experienced Queens Workers’ Comp Attorney can help you navigate your legal options.
Why Should I Look Beyond Workers’ Compensation?
Generally, you cannot sue your employer directly in New York after a workplace injury if they provide workers’ compensation insurance. However, you may have a “third-party” personal injury claim against other negligent individuals or companies. These claims can cover damages like pain and suffering that workers’ compensation does not.
Workers’ compensation is designed to cover medical expenses and a portion of lost income when you are hurt while on the job, irrespective of fault. Workers’ compensation does not cover full wages lost or emotional distress. Therefore, identifying other responsible parties is critical. A third-party lawsuit can potentially cover the full extent of your damages.
Who Can Face Liability for My Damages?
Besides your employer, parties who may also be held responsible for your New York construction injury include:
- Property Owners and General Contractors:
- Labor Law §200: Responsible for providing a reasonably safe workplace.
- Labor Law §240 (Scaffold Law): Has strict duties for worker safety related to falls from heights.
- Labor Law §241: Has strict duties for general site safety and protection from hazards.
- Subcontractors: Can be held liable if their negligence directly caused the incident and subsequent injury.
- Architects & Engineers: May be held responsible if the injury resulted from a flaw in the design or planning of the project.
- Equipment Manufacturers: The maker or seller of tools or machinery can be liable if a defective product caused the injury (product liability claim).
- Third-Party Vendors: Any other company or individual whose negligent actions, such as improper material delivery or creating a site hazard, contributed to the accident.
Should I Consult an Attorney?
Like most states, New York has strict deadlines for pursuing a claim. Construction sites change quickly, meaning evidence can vanish. Speaking to an attorney allows them to investigate the circumstances of the accident, identify all liable parties, and ensure claims are filed within the right timeframe. Waiting too long can result in relinquishing your rights to file a lawsuit.
Property owners, developers, and contractors have insurance companies and defense attorneys working to minimize payouts. An attorney at the Law Offices of George Poulos can help protect your rights and build a case reflecting the full impact of your damages. Contact our office today to schedule a consultation.