Falls from ladders, shoddy scaffolding, trench collapses: construction is a perilous industry. If you’ve been hurt on the clock in New York, can you sue your employer? Usually, the answer is no, but you may be able to hold a third party liable in a construction accident lawsuit in New York.
Below, Dervishi Law Group, P.C.’s construction accident lawyer in New York explains the third-party liability angle.
Third-Party Liability Explained By a Bronx Construction Accident Lawyer
In New York, third-party liability applies when a party besides your employer causes your accident. You can’t sue your employer if they offer workers’ compensation, but you can sue a third party if the law says they’re liable.
This is good news because if the lawsuit goes well, your Brooklyn construction injury compensation could exceed what your workers’ comp payouts provide. After all, workers’ compensation doesn’t cover emotional distress, but you could include these considerations when you sue a third party for other non-economic damages.
Third Parties That May Be Liable for a Construction Accident
So, which third parties can you potentially hold liable in a Brooklyn, Bronx, or Manhattan construction accident lawsuit? Contractors, property owners, and product manufacturers top the list here, but drivers also feature sometimes.
General Contractors and Subcontractors
General contractors oversee the entire construction project. Subcontractors are responsible only for specific parts of the project, like building scaffolding or delivering materials.
Suppose that a subcontractor built shoddy scaffolding or gave you a ladder that they didn’t properly maintain. If you have an accident on the job while using this equipment, you may be able to hold the subcontractor liable.
Property Owners
Property owners can be liable if they know about a danger on their property and fail to correct it. Examples of hazardous conditions that would qualify for a construction accident lawsuit in New York include:
- Wet floors.
- Icy sidewalks.
- Loose tile and carpeting.
- Spills.
- Poor lighting.
- Damaged stairs.
Product Manufacturers
Did you know that people hold product manufacturers liable if an accident happens due to faulty equipment? For third-party liability to apply, your accident must have happened because of a product defect.
You cannot sue a manufacturer if the accident occurred because you failed to maintain the equipment. You could still hold a subcontractor liable if maintenance was their responsibility.
Drivers and Pedestrians
Lastly, construction workers drive equipment, such as bulldozers and forklifts, on public streets. If another driver hits you while you transport work equipment, a construction accident attorney in New York might help you hold them liable.
The New York legal system could also hold a pedestrian responsible in an accident if:
- They wore dark clothing at night while walking in the street.
- They were jaywalking.
- They were walking while intoxicated.
- They were engaging in horseplay in the street.
Types of Accidents That May Involve Third-Party Liability
In 2021, one in five workplace deaths happened in the construction industry. If the employee survives, some injuries can be so severe they can no longer work. So, which types of accidents might you hold a third party liable for in New York?
Slips, Trips, and Falls
The majority of construction accidents (more than 38%) are due to slips, trips, and falls. Causes of slips and falls include the following:
- Not wearing protective gear when working at height.
- Wet, slippery floors.
- Loose floorboards and carpeting.
- Improperly using ladders.
- Working on inadequately constructed scaffolding.
Equipment Failures
When you use a piece of equipment for work, you expect it to work.
Poorly designed equipment can fail and cause serious injuries, in which case, you can hold the manufacturer liable.
Electrocution Accidents
Electrocutions account for 8% of worker deaths in the construction industry. While less common than falls, electrocutions are often deadly.
You could hold a third party responsible if they didn’t properly ground wires or warn you or a loved one about electrical hazards.
Hazardous Chemical Exposure
Construction employees who work around dangerous materials and chemicals must always wear protective gear. This gear does a good job of shielding workers from toxic materials. If it fails, people can die.
You may be able to hold the equipment manufacturer liable if your PPE failed because of a defect. You could also hold a property owner liable if they knew about a hazardous condition and failed to warn you.
Can You Hold a Third Party Liable in a Manhattan Construction Accident Lawsuit?
For your construction accident lawsuit in New York, you can’t simply sue any third party and expect to win. In valid NYC construction accident claims, the third party must owe you a duty of care. For example, a property owner has a duty to make their property safe for workers.
A Manhattan, Brooklyn, or Bronx construction accident settlement might have to prove that the third party acted negligently. Your construction accident lawyer can help you gather evidence that proves negligence, such as:
- Pictures of your injuries.
- Video footage of the accident.
- Statements from witnesses who saw the accident.
- Doctor’s statements and reports.
In some cases, your New York construction accident lawyer might suggest an accident reconstructionist. These professionals use special software to recreate your accident. This may help a jury visualize how things happened for you.
Your attorney may also call on professional witnesses, such as doctors, psychiatrists, and economists. These witnesses use their expertise to explain how the accident has impacted or can reasonably be expected to affect your life.
When You Can’t Hold a Third Party Liable
Were no third parties liable for your accident? You might have to settle for claiming workers’ compensation benefits to cover your medical bills and a portion of your lost wages. If you do want those benefits in New York, report your accident to your employer within 30 days of the incident (after that, you’ll be ineligible to make a claim).
Have you seen a doctor who can evaluate the severity of your injuries? This doctor will report your injuries to the Office of Workers’ Compensation Programs, and this report affects how long you’ll be able to collect benefits. Minor injuries might draw claim benefits for a few weeks, but life-altering injuries might offer workers’ compensation for months or even years.
Contact Our New York Construction Accident Lawyer
Do you need some help filing a construction injury claim in New York? Call Dervishi Law Group, P.C. at (718) 484-4757 for a free consultation with a construction injury attorney in NYC.
Frequently Asked Questions
Here, a Bronx construction accident lawyer answers questions about third-party liability and NYC construction site injury claims.
Why Can’t You Sue Your Employer for an Accident?
You can’t sue your employer for an accident because many New York companies carry workers’ compensation insurance. The workers’ compensation fund will then pay for your medical bills and lost wages.
Who Can I Sue for a Construction Accident?
The entity you can sue for a construction accident depends on your specific case. Third parties that might be liable include property owners, contractors, and construction equipment manufacturers.
What Do You Need To Claim Workers’ Compensation?
To claim workers’ compensation in New York, you need to report the accident to your employer within 30 days. You must also see a doctor to evaluate your injuries. Once you’ve reported the accident, you can file a workers’ compensation claim online.
Is a Lawsuit Better Than Workers’ Comp?
A lawsuit might be better than workers’ comp if you can recover non-economic damages like emotional distress or pain and suffering. In a construction accident lawsuit in New York this would require proving the defendant’s negligence, which isn’t easy. Workers’ compensation is no-fault (you don’t have to prove negligence).
