You are entitled to workers’ compensation regardless of who was at fault. Filing a lawsuit against the party that caused your injury will enable you to recover compensation for losses not covered by workers’ compensation, such as pain and suffering.
Whom Can I Sue?
Unlike workers’ compensation, the civil justice system is fault-based. As a general rule, you can sue the party or parties responsible for your injury. The following are examples of parties you may have the right to sue:
- Your employer: As a general rule, your employer and others who work for your employer cannot be sued for a work-related injury. However, there are specific exceptions under New York law that would allow you to sue your employer. For example, under Section 240 of New York’s Labor Law, you can sue your employer if you were
injured in a fall or by a falling object and your employer was negligent.
- Other contractors working on the site: Construction sites typically contain several contractors working for different employers. If you are injured as the result of the negligence of another person who does not work for your employer, you can sue his or her employer.
- Property owners: If you are injured due to unsafe conditions on the job site, you can sue the property owner.
- Other drivers in motor vehicle accidents: If the other driver was negligent, you can file a personal injury lawsuit against his or her insurance company.
- Manufacturers of equipment and tools: If you are injured by construction equipment or tools that are defective or unreasonably dangerous, you can sue the company that manufactured, distributed or sold the tool.
For More Information About Construction Accident Lawsuits
For an in-depth discussion about filing a personal injury lawsuit, call
212-571-7100 to arrange a time to talk with one of our lawyers. We represent construction workers throughout the New York City area.