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Can I File a Personal Injury Claim for a Workplace Accident?

Jan 16, 2024 | Construction Accidents, Workers Compensation

Construction work is inherently dangerous — and being injured on the job can have a devastating impact on your life and livelihood. While Workers’ Compensation benefits may be available to you if you were hurt at work, it’s important to understand that in some cases, you may also be entitled to file a lawsuit. If a third party’s negligence, carelessness, or recklessness caused the accident that resulted in your injury, you may be eligible to recover your economic and non-economic damages by filing a personal injury action.    

Are You Limited to Workers’ Compensation for Workplace Injuries? 

Worker’s Compensation can provide immediate relief for an injured construction worker to help ensure their medical expenses — and a portion of their lost wages — are covered. To obtain Workers’ Compensation benefits, it isn’t necessary to prove someone else is at fault for the accident. They are available regardless of whether another party caused the accident, as long as the injury arose on the job.                                                          

Due to New York’s Workers’ Compensation laws, a worker who has been hurt on the job cannot sue their employer. However, construction accident injuries can be catastrophic and these benefits do not always cover the full extent of a worker’s losses. In cases where a third party is to blame, a worker may be entitled to file a personal injury action.                 

When Can You File a Personal Injury Claim for a Workplace Accident?

Construction sites are hazardous locations — and a wide variety of accidents can occur if proper safety precautions are not taken. Accidents that commonly arise on construction sites can include falls from heights, machinery accidents, scaffolding collapses, caught-in-between accidents, and many others. If a third party’s negligence caused a construction accident, a worker may be eligible to file a personal injury claim to recover the damages they incurred in connection with their injuries.          

There can be many third parties who may incur liability for negligence in a personal injury lawsuit, including the following:

  • Contractors
  • Subcontractors
  • Architects
  • Engineers
  • Product or machinery manufacturers
  • Property owners
  • Janitorial companies
  • Vendors

More than one party may be held liable in a personal injury action. It’s essential to have a skillful construction accident attorney on your side who knows how to investigate a claim and ensure each responsible party is held accountable for their carelessness or recklessness.

Compensation for Workplace Injuries

A worker who was hurt in a construction accident may be able to recover a wide range of economic and non-economic damages if they prevail in a personal injury lawsuit. If a third party’s negligence can be established, a worker may be able to recover their monetary losses, including unreimbursed medical expenses, lost wages that were not covered by Workers’ Compensation, and their out-of-pocket costs. 

By filing a personal injury action, a construction worker can also obtain compensation for the non-monetary damages they incurred that are difficult to quantify. Specifically, non-economic damages that are recoverable in a personal injury action may include compensation for an injured worker’s physical pain and suffering, emotional anguish, and loss of enjoyment of life. 

In cases where a responsible third party’s actions were particularly egregious, punitive damages may be awarded. This category of damages is meant to punish the defendant and deter others from engaging in similar behavior.        

Contact an Experienced Construction Accident Attorney 

Construction accidents are often legally complex. A knowledgeable personal injury attorney can work to ensure a responsible third party is held liable for their negligence and you receive the compensation you deserve. Due to our extensive knowledge and commitment to clients, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and verdicts for construction workers who have sustained injuries due to the carelessness of another. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.




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