Can you sue and get workers’ comp after a New York City construction accident? In most cases, yes. Injured construction workers may be able to receive workers’ compensation benefits while also pursuing a personal injury lawsuit against a third party.
Workers’ compensation can help cover medical treatment and part of your lost wages after a job site injury. However, it does not compensate workers for everything they may lose after an injury in a work area. A third-party lawsuit may allow injured workers to recover additional damages.
Understanding the difference between workers’ compensation and a construction accident lawsuit is important after any job site injury in NYC.
Workers’ Comp vs. Construction Lawsuit in NY: Can Injured Workers Pursue Both?
In many New York construction accident cases, workers do not have to choose between filing for workers’ compensation and pursuing a third-party lawsuit for construction injuries. These are separate legal claims that serve different purposes, and both may be available after a job site injury.
Workers’ compensation is generally available regardless of who caused the accident. In exchange for these no-fault benefits, employees are usually barred from suing their direct employer. However, these incidents often involve multiple companies and parties working on the same job site. That means another party, besides the employer, may have contributed to the accident, or at least failed to provide a safe work environment for its laborers.
What Workers’ Compensation Covers After a Construction Accident
Workers’ compensation benefits are intended to provide financial support to employees who are injured on the job, regardless of who caused the accident. In New York, most construction workers are covered by workers’ compensation insurance through their employer.
While these benefits can help with some losses, they are also limited in several key ways.
Medical Treatment and Rehabilitation
Workers’ compensation generally covers medical care, including emergency treatment, hospital visits, surgeries, physical therapy, medication, and other necessary care. Injured people may also qualify for ongoing treatment if they suffer long-term or permanent injuries.
Partial Wage Replacement
If a worker cannot go back to work while recovering, workers’ compensation can cover part of their lost income. However, these benefits typically cover only a portion of a worker’s average wages, not their full income. For many NYC construction workers and laborers, this difference can place financial strain on a household after a catastrophic injury.
Permanent Disability Benefits
Some injured workers may qualify for disability benefits if their injuries result in long-term physical limitations or prevent them from returning to construction work altogether.
Survivor Benefits in Fatal Accident Cases
If a construction worker dies from job-related injuries, certain surviving family members may qualify for workers’ compensation death benefits. These benefits may help cover funeral expenses and provide partial financial support to dependents after a fatal construction accident, but they still do not account for the full impact of this devastating loss.
You Can Sue and Get Workers’ Compensation After an Accident on a New York Construction Site
Third-party lawsuits for construction accidents are usually related to violations of New York Labor Laws designed to protect laborers from dangerous job site conditions.
One of the most important of these laws is Labor Law 240, commonly known as New York’s Scaffold Law. Scaffold Law applies to many elevation-related accidents, including falls from scaffolds, ladders, roofs, suspended platforms, and other elevated work areas. It also applies when workers are struck by falling tools, equipment, or construction materials.
Under the Scaffold Law, contractors and certain building owners are required to provide proper safety equipment and adequate protection for workers performing covered construction-related work. In these Scaffold Law claims, a worker does not need to prove they were completely free from fault in order to recover compensation.
Although not every construction accident falls under Labor Law 240, workers still have options to file a lawsuit. Depending on how the accident occurred, injured workers could file claims involving unsafe construction site conditions, dangerous work practices, or other violations of New York construction safety laws.
A Claim Can Go Beyond the Benefits of Workers’ Compensation
Workers’ compensation coverage can help with the costs of medical treatment and part of a worker’s lost income. However, they do not compensate for all the consequences of a serious injury.
Full Lost Income and Future Earning Capacity
Workers’ compensation replaces only a portion of a worker’s lost wages. A lawsuit may allow injured workers to recover compensation for the broader financial impact of their injuries, including lost union benefits and reduced future earning capacity if they can no longer perform construction work.
Pain and Suffering Caused By Injuries
Construction accident lawsuits can help people recover damages for physical pain, emotional suffering, and the overall effect an injury has on daily life. These non-economic losses can also address future pain and suffering caused by permanent or long-term injuries.
These damages are often significant in cases involving traumatic brain injuries, spinal cord injuries, amputations, and other catastrophic injuries.
Future Medical Costs and Other Long-Term Losses
A lawsuit can also address compensation for future medical care, rehabilitation, assistive devices, home modifications, and other long-term expenses related to a construction injury.
Accidents on a worksite can place long-term financial and emotional strain on both injured workers and their families, especially when ongoing treatment or permanent disabilities are involved.
Important Deadlines for NYC Accident Claims on Construction Sites
Construction workers who are injured on the job should act quickly to protect their right to compensation. Workers’ compensation claims and third-party construction accident lawsuits are governed by different deadlines under New York law.
Some important deadlines may include:
- Reporting the injury to your employer: Under New York Workers’ Compensation Law § 18, injured workers generally must notify their employer about a workplace injury within 30 days of the accident.
- Filing for workers’ compensation benefits: Injured workers are generally required to file a workers’ compensation claim within two years of the accident under New York Workers’ Compensation Law § 28.
- Filing a construction accident lawsuit: Personal injury lawsuits are generally subject to New York’s three-year statute of limitations under CPLR 214.
- Claims involving public entities or municipal projects: Shorter deadlines may apply if the accident involved a government entity, public authority, or municipal construction project. In many cases, a Notice of Claim must be filed within 90 days under New York General Municipal Law § 50-e.
Waiting too long to take action can make it harder to preserve evidence, identify liable parties, and protect a claim. Because these cases often involve both workers’ compensation claims and potential third-party lawsuits, those hurt on a construction site should act quickly after a fall or other injury.
Frequently Asked Questions About Workers’ Compensation and Lawsuits for Construction Accidents
Can I Sue My Employer Directly After a Construction Accident?
In most situations, workers’ compensation laws prevent employees from suing their direct employer for workplace injuries. However, these incidents often involve multiple parties on the same job site, and injured workers could bring claims against other liable parties.
What Types of Construction Accidents May Qualify for a Scaffold Law Claim?
Scaffold Law claims commonly involve falls from ladders, scaffolds, roofs, suspended platforms, and other elevated work areas. They may also involve injuries caused by falling tools, materials, or equipment at construction sites.
What if I Was Partially at Fault for the Accident?
In most cases, workers’ compensation benefits are available regardless of who caused the accident. Even if a worker made a mistake or contributed to the incident, they may still qualify for benefits.
Partial fault also does not necessarily prevent a laborer from filing a third-party construction accident lawsuit. In cases involving falls from heights, falling objects, and inadequate safety protection, Scaffold Law holds contractors and certain building owners responsible for the injuries, regardless of a worker’s degree of fault.
What if Workers’ Compensation Already Paid for My Medical Care?
Receiving workers’ compensation benefits does not automatically prevent people from pursuing lawsuits. In many cases, injured laborers receive these benefits first while a separate lawsuit proceeds against potentially liable third parties.
Is Filing Both Claims Considered a Double Recovery in New York Construction Cases?
Many injured workers worry that receiving workers’ compensation while also filing a lawsuit could be considered a “double recovery.” However, workers’ compensation claims and third-party construction accident lawsuits often compensate different types of losses.
How Oresky & Associates, PLLC, Helps Injured Construction Workers in NYC
Construction accident cases often involve multiple legal and insurance issues at the same time. An injured worker may need to pursue workers’ compensation benefits while also investigating whether a third-party lawsuit can be filed against contractors, subcontractors, certain building owners, or other responsible parties.
At Oresky & Associates, PLLC, our attorneys help injured construction workers understand how these claims work together and what legal options may be available after a job-site accident. We also work closely with affiliated workers’ compensation attorneys so clients can pursue every available avenue of financial recovery.
Our legal team helps by:
- Investigating how the accident occurred and identifying potentially liable parties
- Determining what Labor Laws may apply to your case
- Gathering evidence from the construction site, including photographs, witness statements, and safety records
- Handling negotiations with insurance companies and defense attorneys
- Pursuing compensation beyond workers’ compensation benefits through third-party claims
- Preparing cases for litigation when necessary
At Oresky & Associates, PLLC, we believe injured people deserve clear answers, honest guidance, and attorneys who genuinely care about what they are going through. Our firm takes the time to listen to clients, understand how the injury has affected their lives and families, and ensure they understand the options available to them after a job-site injury.
Workers’ Compensation Is Not Your Only Option After a Construction Accident in NYC
Construction accident cases are often more complicated than many injured workers initially realize. In addition to workers’ compensation benefits, some accidents may also give rise to third-party lawsuits against contractors, subcontractors, certain building owners, or other responsible parties.
Understanding these legal options can make a major difference in the compensation available after a serious injury. At Oresky & Associates, PLLC, our attorneys help construction workers throughout New York City and Long Island evaluate potential claims, coordinate with affiliated workers’ compensation counsel when appropriate, and pursue compensation from all available sources.
For more than 30 years, Oresky & Associates, PLLC, has represented injured New Yorkers and recovered over $500 million in settlements and verdicts for clients. To discuss your legal options after a construction accident, call (929) 209-4492 for a free consultation.
