As a construction worker, you put yourself at risk of serious injuries every day you clock in to work. However, your employer also has a responsibility to maintain a safe construction site and provide the proper gear you need to protect yourself.
If you were injured at work, you may wonder whether you can sue your employer. A construction injury lawyer in NYC can help you understand your rights and options.
Determining the Liable Party in Your Accident
Before you think about filing a lawsuit after a construction site injury, you and your attorney need to determine who was liable for your injuries, if anyone.
Construction accidents are unfortunately common in New York City. In 2023, 30 construction workers died in NYC alone, while 74 died across the state. The number of construction injuries in NYC has also increased every year since 2020.
Often, when injuries happen on worksites, they are truly accidents — and no one is at fault. But sometimes, another person’s negligence contributes to the accident.
Generally, if your employer or a coworker was partially responsible for the accident, your primary option is to submit a workers’ compensation claim through your company. This would allow you to seek funds to cover your medical bills and a portion of your lost wages.
Sometimes, a third party is responsible for accidents instead. This may include:
- A manufacturer that produced faulty equipment, leading to a malfunction
- A driver who crashed into you while you were working on or near a road
- A contractor or subcontractor who made an error that led to your injury
If a third party was negligent, you may have the opportunity to sue them in addition to submitting a workers’ comp claim.
A New York construction accident attorney can review the details of your accident to help you pinpoint the liable party. They can also explain how New York’s comparative negligence laws may allow you to hold multiple parties liable for your injuries.
Do You Have the Right To Sue Your Employer After an Accident?
If your employer’s negligence led to your injury, you may wonder: Can you sue your employer for a construction site injury? Usually not; you would need to file a workers’ compensation claim instead.
Under New York law, you cannot sue an employer or a coworker for an on-the-job injury caused by their negligence. Workers’ compensation is a no-fault system. It is available to virtually all employees regardless of who was at fault for a workplace accident.
However, there are three main instances where you may be able to sue your employer after an injury:
- They do not offer workers’ compensation benefits, meaning you do not have any other options for seeking compensation through them.
- Your employer intentionally hurt you. You would likely sue them for an intentional tort, which is different from a negligence claim.
- Your employer violated employment law, such as by firing you unnecessarily after the accident. You would sue for damages related to the termination, not your injuries.
If your employer violated OSHA guidelines, you can also file a complaint with OSHA. The organization will evaluate the complaint and determine whether to handle it through an on-site or off-site investigation. If it finds your employer to be in violation of compliance guidelines, they will need to make changes to the worksite accordingly.
Your Options for Seeking Compensation After a Construction Site Injury
While you may not be able to sue your employer directly after a construction accident, that doesn’t mean you cannot seek compensation. Your lawyer can help you determine your options for a payout. These may include any of the following.
Workers’ Compensation Claim
Workers’ compensation claims are a straightforward method of seeking funds after worksite accidents. Almost all employers in NYC are legally obligated to provide this benefit to their employees. As long as you were injured while performing your job duties, you likely qualify for workers’ comp, regardless of who was at fault.
This benefit can reimburse you for medical expenses related to your injuries and up to two-thirds of the wages you lost while recovering.
Third-Party Lawsuit
If a third party was negligent in the accident, you can consider filing a third-party lawsuit in addition to a workers’ compensation claim. This could supplement any additional damages the workers’ comp claim does not cover.
To do so, your attorney will need to prove the four elements of negligence:
- The third party owed you a duty of care.
- They breached their duty of care.
- An accident occurred due to the breach.
- You suffered injuries or other damages in the accident.
They will need to collect evidence showing that the third party breached their duty of care to you. Such evidence may include:
- Testimony from your coworkers who witnessed the accident
- Information from accident reports
- Maintenance records
If you decide to sue a third party, you may have the right to seek economic and non-economic damages, covering expenses such as:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
Many accident lawsuits settle out of court, meaning you may not need to attend a trial to secure compensation. Your construction accident lawyer in NYC will also handle as much of the process for you as possible.
Other Government and Non-Government Benefits
There are a few other financial benefits available to injured workers. Depending on your types of injuries and the circumstances surrounding your accident, you may qualify for:
- Social Security Disability
- Crime victim’s compensation
- No-fault, long-term disability
- A disability retirement benefit
Talk to your attorney about whether you may qualify for any of these benefits.
Let Our Construction Injury Lawyers in NYC Advise You
Can you sue your employer after a construction site injury? Not usually, but you likely have the right to seek compensation through a different means. At Dervishi Law Group, P.C., we represent injured construction workers in NYC and are ready to help you.
Let us help you explore your legal options for construction accident injuries and guide you through every step of the compensation process. Contact us today at 718-484-4757 to schedule a free case evaluation with our construction accident lawyers in NYC.
Frequently Asked Questions
How long after a work injury can you sue in New York?
You can generally sue a third party within three years of a work injury in New York. This is the statute of limitations for many personal injury claims. However, the exact timeline can vary, which is why it is important to contact an attorney as soon as possible and start your case.
How long does a third-party construction accident lawsuit take?
It may take anywhere from a few months to over a year to finalize a lawsuit against a third party. Many lawsuits settle out of court. If yours proceeds to court, the timeline will be longer, but you may also have the opportunity to increase your payout.
Can you lose your job if you sue your employer?
You typically cannot lose your job if you sue your employer. If they fired you for pursuing legal action, this would be a form of retaliation, which is against the law. However, they may find other legitimate reasons to terminate your employment. Your attorney can help protect your rights.
Why do construction injuries happen in NYC?
Construction injuries often happen in NYC due to falls from heights, struck-by-object incidents, traffic collisions, scaffold accidents, and electrocution. The NYC Construction Safety Report lists worker falls as the leading cause of construction-related fatalities. If your employer’s negligence led you to become injured at work, contact a construction accident lawyer in NYC.
