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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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For answers to your questions about construction accident injuries,
contact our attorneys today to schedule a consultation.


“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.”