As reflected in New York City’s workplace accident statistics, construction work is inherently dangerous. In 2022, there were 554 construction accidents and 11 fatalities, many of which were due to trips, slips, and falls. Nationwide, nearly one in five workplace deaths happened in the construction industry in 2021.
If you were injured at work, you may want to know who you can sue with the help of a NYC construction accident lawyer. Below, learn about your options from a construction accident lawyer in New York City.
Can You Sue Your Employer for Negligence?
You might think that if your employer violated safety regulations and you had an accident as a result, you should be able to sue them for your injuries. However, you can’t sue if your employer offers workers’ compensation to you, as virtually all NYC employers must do.
This may seem unfair, but accepting workers’ comp benefits can be preferable to filing a lawsuit. One reason is that workers’ comp is a no-fault system, which means you don’t have to prove negligence as you would with a lawsuit.
Workers’ comp will pay for all your accident-related medical bills, including emergency room care, medications, surgery, and physical therapy. If you must retrain for a job outside the construction industry, your benefits will also cover that.
Additionally, workers’ comp pays death benefits to surviving family members if a loved one passes away from a workplace accident. Benefits include money for funeral and burial costs. Surviving family members can also claim two-thirds of the worker’s average weekly wage for the 52 weeks prior to the accident.
If you’d like to claim workers’ comp, you must report the accident to your employer within 30 days. You then have two years from the date of the accident to make a claim with the New York Workers’ Compensation Board.
Filing a Claim Against a Third Party
Per New York’s Labor Law 240, construction workers who work at high elevations are entitled to safety provisions and devices. If they do not have those provisions and are injured in an elevation support-related accident, they can file a claim against a third party in addition to taking workers’ comp benefits.
One exception to this is if the worker is solely responsible for the accident. In this case, the worker is barred from recovering damages from a third party.
Here’s an example of when you may and may not recover. Your employer told you not to carry heavy equipment up a certain ladder because it wasn’t rated for that much weight. You did so anyway, and the ladder collapsed. You would be unable to sue because the accident was your fault.
Now, let’s say a contractor gave you a faulty harness that failed, causing you to fall 20 feet to the ground. You and your NYC construction accident lawyer could sue the contractor for negligence.
Other parties you may be eligible to sue include:
- Subcontractors
- Property owners
- Equipment manufacturers
- Architects
- Engineers
- Land surveyors
- Project managers
Understanding Third-Party Liability
If you’re not a construction worker, can you sue the construction company if you were injured because of its negligence? Yes, and this is called third-party liability.
According to third-party liability laws, you can hold an employer liable for the actions of its negligent employees. For instance, if workers dug a trench but failed to put up warning signs and you fell in, you could sue the construction company for negligence.
Workers’ comp benefits can be invaluable while recovering from an injury, but they’re limited in what they cover. For example, workers’ comp only pays a portion of your lost wages, and it doesn’t cover pain and suffering or property damage.
If you wish to recover these damages, you’ll have to file a lawsuit with the help of a personal injury lawyer. Should you win, you can recover damages such as:
- The rest of your lost wages
- Damage to personal property
- Diminished earning capacity
- Mental anguish
- Emotional distress
- Pain and suffering
- Diminished quality of life
What To Do After a Construction Site Injury
After a construction accident, many workers are confused about what to do next. They may head home without saying anything to their boss and not bother seeking medical care. This is a mistake because it’s sometimes hard to know how injured you really are.
Even if you’re not hurt badly enough to go to the emergency room, you should see a doctor anyway. Do so as soon as possible after the accident, too. This allows the doctor to establish that your injuries happened as a result of a workplace accident, which is important if you want workers’ compensation benefits.
You should also tell your employer about the accident so they can make a report. In New York, you have 30 days after the incident to do this. If you fail to report the accident, you won’t be able to claim workers’ comp benefits.
Once you’ve reported the accident, you can make a claim for benefits. To do so, you must file Form C-3 with the Workers’ Compensation Board. You have two years to file. Miss the deadline, and you’ll be barred from claiming benefits.
Form C-3 will ask you about:
- Your employer’s contact information
- Information about any other employers you were working for at the time of the accident
- The name and address of the doctor or hospital that provided the initial treatment
- Your average gross wages per pay period
Contact a Construction Accident Attorney in NYC
Even if you’re aware of must-know building laws for construction workers, accidents can happen at any time on construction sites. In 2022, a worker died every 96 minutes from a work-related accident. If you manage to survive an accident, you could be left with expensive medical bills and no paycheck until you recover.
If you want justice, reach out to a construction injury lawyer in NYC. William Schwitzer & Associates, P.C. has recovered hundreds of millions for our clients, and we’ll fight hard for a fair settlement for you.
For a free case evaluation, call (212) 683-3800. We are happy to anwer any questions you might have about your rights and the details of the legal process.
Frequently Asked Questions
Is an employer liable to third parties for injuries caused by their negligence?
Employers are liable to third parties, such as customers, clients, and guests, who suffered injuries because of a negligent employee. For instance, if you were walking down the sidewalk and a construction worker dropped equipment on you, you could sue the worker’s employer for their negligence.
How long do negligence claims take to settle?
Your case may settle in six to 12 months, but some cases take longer. A case can stretch on for over a year if there is any question about liability.
What should you do after a workplace accident?
After a workplace accident, go to the emergency room if needed. Don’t worry about the bill, as workers’ compensation covers the cost of emergency care. You should also report the accident and make a claim for workers’ comp benefits.
Should you accept the first compensation offer?
You don’t have to accept the first compensation offer if you don’t like it, and it’s usually better not to. Insurance companies will often make a low initial offer that doesn’t cover all damages. If you’re not happy with a settlement offer, your NYC construction accident lawyer can negotiate for more.
