New York Construction Accidents Attorneys Representing Injured Workers
A simple construction job in New York City can involve multiple companies and entities throughout its existence. As a construction worker, a construction firm employs you, but your safety may be in the hands of several other companies working on the same project. When another company or entity contributes to your construction accident, you may be eligible to file a third-party injury claim.
Eligibility for a Third-Party Injury Claim Construction Accident NYC
A third party is a person, company, or entity that is not yourself or your employer (and his employees). In the case of a construction site accident, a third party could be:
- The company that provided/built scaffolding
- Other contractors responsible for parts of the job
- Companies that rent heavy equipment
- Equipment manufacturers
Note: You may be able to hold your employer held liable in a third-party action if one of the following is true:
- You suffer a grave injury.
- Your employer entered into a written contract or indemnity.
- Your employer failed to obtain workers’ compensation coverage.
In a third-party claim, there may be several defendants sharing liability for your injuries. To file such a claim, you must first prove your injury occurred within the scope of your employment.
Next, you must identify the party or parties liable for the event that caused the accident.
For example, if you were using a cement mixer that malfunctioned and caused your injury, liability will depend on two things:
- First, did your employer own or rent the cement mixer? The party that owned the mixer might be liable for failure to maintain the equipment.
- Second, was the cement mixer defective? If you were using the mixer in an intended manner and it still caused injury, the mixer’s manufacturer could be liable for a defective machine.
What is the difference between a third-party claim and a workers’ compensation claim?
The presence of fault is the most significant difference between a third-party and a worker’s compensation claim. You are eligible to file a workers’ compensation claim regardless of fault. Therefore, your injury could be due to your negligence, and you would still be able to collect damages related to your medical care and lost wages.
While this means that recovering compensation will likely be easier, injured workers receiving workers’ compensation benefits do not receive compensation for noneconomic damages such as pain and suffering.
If you can hold a third party liable or if you can prove that your injury is grave, you may collect damages beyond just basic medical expenses and wage loss. Be warned though, that filing a third-party injury claim is not easy, but an experienced New York Construction Accidents Attorneys of The Rybak Firm, PLLC., can help.
Can I Bring A Lawsuit For My Construction Accident?
If you or a loved one were involved in a construction accident, you may be able to bring a lawsuit for your injuries against the owner, general contractor, and other contractors or companies under Sections 200, 240, and 241(6) of the Labor Law of the State of New York. This is very important information for workers injured in construction site accidents because, in many cases, the workers’ compensation benefits do not adequately compensate for the injuries and other damages, like loss of earnings and benefits. It’s important to note that you cannot sue your employer for a work accident because the law limits you to a workers’ compensation claim for your employer if they have workers’ compensation insurance.
Labor Law 240(1) requires contractors and their agents to provide proper protection to workers engaged in erection, demolition, repairing, altering, painting, cleaning or pointing of buildings or structures who are using ropes, irons, braces, pulleys, blocks, hangers, slings, ladders, stays, hoists, scaffolds and other devices. These are typically “gravity related” accidents involving workers falling from heights or objects falling on workers, but there can be other types of construction accidents which were caused by the force of gravity. Labor Law 241(6) allows workers to sue general contractors, owners, and other contractors for violations of specific regulations of the New York State Industrial Code. Labor Law 200 allows workers to sue companies for their failure to provide reasonable and adequate protection to workers on the site.
The Rybak Firm, PLLC., helps injured construction workers and their families recover compensation from workers’ compensation insurance and third parties in construction accidents. Let our New York Construction Accident Lawyer work out the details of your injury case and help you file the proper claim to maximize your compensation.
Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. We serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Personal Injury Attorneys are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235