Can a Subcontractor Sue For Injury in New York?
Workplace accidents are alarmingly common in the construction industry. Data from the New York Committee for Occupational Safety and Health (NYCOSH) shows that fatalities in the construction industry accounted for 24% of all workplace fatalities in New York, which is higher than the national average of 21%.
Who Can a Construction Worker Working For a Subcontractor Sue for Injury in New York?
Subcontractors in a construction project are generally covered under workers’ compensation insurance. In the event of an accident, they can file a workers’ comp claim and recover compensation including medical benefits and wage loss benefits.
On the other hand, if the accident was caused due to the negligence or recklessness of a third party involved in the construction project (other than their employer), the subcontractor can file a tort claim and recover compensatory damages.
Depending on how the accident happened and what caused it, the construction worker might be able to sue one or more of the following parties.
- The general contractor
- The owner of the property
- Other subcontractors
- Construction material suppliers
For instance, if the accident was caused by a defective condition on the property – which the owner knew about or ought to have known about – the worker can sue the property owner.
Similarly, if the accident was caused as a result of substandard construction materials, the worker can sue the contractor or company that supplied them.
Is it Possible for a Construction Worker to Sue a Third Party after Filing a Workers’ Compensation Claim?
Yes, it’s possible. Filing a workers’ comp claim does not affect a workers right to sue negligent third parties who might have contributed to the accident. Even if the subcontractor is receiving workers’ comp benefits, they can still bring a tort claim against the at-fault party and seek compensation.
Depending on the severity of their injuries, the subcontractor can seek compensation for pain and suffering, emotional distress, reduced earning potential, diminished quality of life, and other damages that are not covered under workers’ compensation benefits.
Injured on a Construction Site? Discuss a Winning Legal Strategy with Our Top-Rated New York Construction Accident Lawyers
If you are a worker who has been injured in a construction accident, you might be eligible to compensatory damages – other than what you are entitled to under workers’ compensation. The committed and proven construction accident attorneys at the Law Offices of Michael S. Lamonsoff can investigate your accident, find out if someone other than your employer can be held accountable, and bring a claim against them to recover the compensation you deserve.
With over 100 years of combined legal experience, unmatched legal knowledge, and a track record of obtaining large settlements and jury awards, our firm is best equipped to handle your claim and we are willing to fight to get the best results possible.
Call us today at 212-962-1020 or contact us online for a free consultation with a New York construction accident lawyer.