Free Consultation

Whom Can I Sue?

If you are injured in a construction accident, you may have the right to file a personal injury lawsuit against the party that caused your injury. However, New York law limits who you can sue and under what circumstances.For legal advice,contact the attorneys of O’Dwyer & Bernstien, LLP, in Manhattan as soon as possible after an accident. We will review your case and explain your legal options. We offer this consultation without cost or obligation. It is also completely confidential.

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.

Learn more:

How much time do you have to file a personal injury lawsuit?


“O’Dwyer & Bernstien has helped me in several different situations over the last 12 years that I’ve lived in NYC. They’re my go-to firm because they always obtain the results that I need and deserve. They’re also located in downtown Manhattan, which makes them very convenient. The office and people that work there are exactly what you’d expect from a top tier law firm in the world’s greatest city.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”