When you are injured in an accident that was no way your fault, it’s natural to look for someone to blame. On construction sites, several parties might share responsibility, but workers’ compensation laws complicate who you can hold financially liable for your injuries.
For example, can you sue a general contractor after an accident? The answer depends on the circumstances surrounding the accident and whether the contractor was indeed liable. A construction accident lawyer in NYC can help you understand your rights and options for moving forward.
Common Causes of Construction Site Injuries
Working on a construction site is inherently dangerous, with numerous hazards present. Workers can easily be injured on the job if everyone present does not follow proper safety protocols.
These are a few common causes of construction accidents and injuries:
- Falls, slips, and trips, which are especially common when working at heights
- Structural collapses due to standing or working on structures that are damaged or were not designed properly
- Exposure to hazardous materials like asbestos during building renovations
- Injuries from falling debris or materials dropped by workers on upper floors or scaffolds
- Electrocution from exposed wiring and wet conditions or contact with overhead power lines
- Lacerations from interfering with dangerous equipment
Some causes of construction site accidents are more serious than others. OSHA lists the “Fatal Four” leading causes of worker deaths in the construction industry, responsible for more than 60% of all construction fatalities. These include falls (37%), struck-by-object accidents (8%), electrocutions (8%), and caught-in-or-between accidents (5%).
Understanding Liability in Construction Site Accidents Under Workers’ Compensation Law
Sometimes, worksite accidents occur because someone made a mistake. But can you hold that person financially liable for your injuries?
In New York, injured construction workers generally seek compensation for accidents through workers’ compensation. This is a no-fault benefit that allows injured workers to request reimbursement for accident-related expenses, such as medical costs and a portion of lost wages, regardless of who was at fault.
Under workers’ compensation law, you generally cannot hold your employer liable for your injuries. But you may be able to pursue a lawsuit against a third party responsible for your accident. This lawsuit could provide compensation beyond what a workers’ compensation claim would cover.
When a General Contractor May Be Liable for Worksite Injuries
So, can you sue a general contractor after a construction accident in New York? An NYC construction accident lawyer will tell you that yes, this is possible and is often permitted under workers’ compensation law. A general contractor can sometimes be sued as a third party outside of your employer, meaning workers’ compensation law would not protect them from liability.
Depending on the claim, you may not need to prove that the general contractor was personally negligent. Labor Law §§ 240(1) and 241(6) impose nondelegable duties on general contractors when their requirements apply. This involves demonstrating the four elements of negligence:
- The general contractor owed you a duty of care.
- The general contractor breached the duty of care.
- An accident occurred due to the breach.
- You suffered injuries in the accident.
General contractors owe a duty of care to the workers over whom they have sufficient authority or control. Breaching that duty of care may look like failing to take reasonable steps to prevent accidents or protect workers from harm. If you can prove these two elements, you would then need to tie the breach directly to an accident and show that your injuries arose from that accident and not some other cause.
A construction accident attorney in NYC can help you understand whether these four elements of negligence are present in your case.
How the Scaffold Law Contributes to Liability in NYC Construction Accidents
New York’s Scaffold Law (Labor Law 240) can sometimes hold general contractors strictly liable for accidents on construction sites. If this law applies to your accident case, you may be able to pursue a liability claim against the general contractor without proving certain elements above.
The Scaffold Law holds property owners and general contractors strictly liable for specific gravity-related worker injuries, such as falls or falling objects, that occur when certain safety gear fails or is missing from the worksite. In these cases, a worker’s comparative negligence or carelessness cannot serve as a complete defense to liability; the general contractor could still be held liable even if the worker contributed to the accident in some way.
If your accident involved a gravity-related incident, it may be worth exploring whether the Scaffold Law impacts liability in your case. A construction accident lawyer in NYC can share more about this statute.
Examples of When a General Contractor May Be Liable for a Construction Accident
When might you be able to hold a general contractor liable for construction accidents? The following are a few examples of cases in which a contractor may assume at least partial liability:
- Negligent hiring: Hiring subcontractors with documented safety violations or lack of relevant certifications
- Poor supervision: Failing to properly supervise subcontractors and step in to mitigate safety risks
- Lack of equipment maintenance: Neglecting to adequately inspect and maintain machinery, leading to malfunctions
- Missing fall protection: Failing to install the required guardrails around scaffolding, or neglecting to implement other required safety protections
Damages You Can Seek in a Personal Injury Lawsuit Against a General Contractor
If you can establish general contractor liability, you may be able to pursue compensation beyond what your workers’ compensation benefits cover. Third-party construction claims often give rise to both economic and non-economic damages, which help account for the losses you experienced from the accident.
Economic damages might include:
- Medical expenses not covered by workers’ compensation
- Lost wages not covered by workers’ compensation
- Loss of future earning capacity due to injuries that prevent you from performing the same type of work
Meanwhile, non-economic damages help make up for the physical and emotional toll the accident had on you. These may include:
- Pain and suffering
- Loss of quality of life
- Emotional distress
New York does not place statutory caps on economic or non-economic damages in the majority of personal injury cases. As a result, this type of case could allow you to seek the full value of your losses arising from the general contractor’s construction site negligence. An NYC construction accident lawyer can help you estimate the potential value of your case.
When To Speak With an Attorney After a Construction Site Accident
Can you sue a general contractor after a construction accident in New York? While this guide provides basic information about holding general contractors liable, you may benefit from speaking with an attorney about your specific case. They can evaluate the circumstances of your accident under relevant New York labor laws and workers’ compensation statutes, then explain all of your options for pursuing compensation.
While some workers’ compensation claims are straightforward, there are several instances that might prompt you to consult an attorney after a construction site accident:
- You believe your worksite was in violation of the Scaffold Law, and you suffered a gravity-related injury.
- The insurance company is disputing your workers’ compensation benefits, or your claim has been denied.
- You have sustained serious injuries that prevent you from returning to work.
- You believe a third party was liable for your accident.
Even if you believe everything is going smoothly in your case, it can be beneficial to have a lawyer review it and confirm that the relevant parties have responded as they should.
Contact a New York Construction Accident Lawyer Today
If you are considering suing a general contractor after a construction accident, having an attorney on your side can be highly beneficial. Attorneys are familiar with the common causes of construction accidents that point to third-party liability. They can walk you through your legal options and help you determine whether you may have grounds for a lawsuit.
William Schwitzer & Associates, PC, represents construction workers in workers’ compensation claims and lawsuits. Contact us today at 212-683-3800 for a free consultation with an NYC construction accident lawyer.
Frequently Asked Questions
What does it mean to hold someone strictly liable under the Scaffold Law?
Strict liability under the Scaffold Law means that the party is legally responsible for the injury regardless of whether they were careless or the worker was partially at fault. You wouldn’t necessarily need to prove negligence; if proper safety gear was not provided and a gravity-related injury resulted, that would establish grounds for liability.
How long after an accident can you sue in New York?
The statute of limitations for construction accident lawsuits in New York is generally three years from the date of the accident. However, this timeline can vary, so it is important to consult an attorney early on.
Is it worth suing a general contractor for a construction site injury?
It may be well worth your time to sue a general contractor for a construction site injury if you have clear evidence of their liability. Doing so could allow you to pursue significant compensation beyond your workers’ comp claim. However, your NYC construction accident lawyer can provide better guidance.
