Construction Lawsuit FAQs

The law firm of O’Dwyer & Bernstien, LLP, in Manhattan, represents injured construction workers throughout the New York City area. The following provide answers to questions we often receive from injured workers.

Can I sue my employer?

While injured employees generally cannot sue their employers for work-related injuries, there are many exceptions. For example, if you were injured as the result of employer negligence or unsafe work conditions, you may have the right to sue.

Can I sue someone other than my employer?

You can sue so-called “third parties” who are responsible for your injury. Examples of third parties include property owners, equipment manufacturers, other drivers in motor vehicle accidents and others on the job site who don’t work for your employer.

Can my employer fire me after a work accident?

New York is an employment-at-will state, so your employer can fire you at any time and for almost any reason. However, in New York it is illegal for your employer to fire you in retaliation for filing a workers’ compensation claim. If your employer fires you illegally, you may be able to sue your employer.

Can I obtain compensation if I am an undocumented laborer?

In many cases, you can obtain workers’ compensation benefits regardless of your immigration status. You also have rights under our civil justice system regardless of your immigration status.

What benefits does workers’ compensation provide?

New York workers’ compensation provides free medical care and wage replacement benefits. If you have suffered a permanent impairment, you can receive a lump-sum amount for loss of use. You may also be eligible for rehabilitation and retraining benefits if you are unable to return to your old job.

What additional compensation can I receive for filing a personal injury lawsuit?

By filing a personal injury lawsuit, you can recover compensation for damages that aren’t covered by workers’ compensation, such as pain and suffering.

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