Subcontractors can play a major role on construction sites, often specializing in a specific aspect of a project, such as electrical work, roofing, plumbing, HVAC, and carpentry. If you’re a construction worker who worked for a subcontractor on a job site, it’s important to understand your legal options if you’ve been hurt in a construction accident. While you can’t sue your employer due to New York’s Workers’ Compensation laws, you may still be able to hold a third-party liable if their negligence caused your injuries.
Who Can a Subcontractor Sue for Their Construction Accident Injuries?
Third-party liability allows subcontractors to pursue a lawsuit against a party on a construction site (besides their employer) who caused or contributed to the hazard that led to the accident. Notably, there are often a number of parties who are present on construction sites — you might have the option to sue one or more, depending on the facts of your case.
Parties that could potentially be held liable for subcontractor construction accident injuries can include the following:
- The general contractor — General contractors are typically responsible for ensuring the safety of the entire job site. If you were injured as a result of the general contractor’s failure to maintain a safe workspace or adhere to safety protocol, you might be able to hold them accountable for their negligence.
- Another subcontractor — Although you can’t bring a lawsuit against your employer, there may be other subcontractors on the job site whose carelessness, recklessness, or negligence caused your injuries.
- Equipment manufacturer — In the event your injury was caused by faulty machinery or defective equipment, you might be able to assert a claim against the manufacturer.
- Property owner — A property owner may be held liable for a construction accident if they had control over the work that was being performed and knew of the hazardous condition that led to the accident.
- Architect or engineer — If the accident arose due to a structural issue or design flaw, the architect or engineer responsible may be named in a personal injury lawsuit.
Importantly, there is a three-year statute of limitations in place to file a personal injury lawsuit for a construction accident. It’s essential to consult with a construction accident lawyer as soon as possible to ensure your rights are protected and you obtain the compensation you deserve.
Compensation for Construction Accidents
A construction accident can be devastating and life changing. You may have suffered injuries that require a considerable amount of medical treatment and time out of work. In addition, the physical pain and emotional anguish in connection with your injuries may be unbearable. Unfortunately, Workers’ Compensation will not cover the full amount of your losses. But by filing a personal injury lawsuit, you may be eligible to recover both your economic and non-economic damages.
The compensation you may be able to receive in a personal injury action as a subcontractor who was injured in a construction accident can include monetary recovery for the following:
- Unreimbursed medical expenses
- Lost wages
- Future lost earnings
- Out-of-pocket costs
- Disfigurement
- Permanent disability
- Physical pain
- Emotional suffering
- Loss of enjoyment of life
In cases where the defendant’s conduct was particularly egregious, you might also be eligible to recover punitive damages. These damages are not meant to compensate a victim — but rather, they are intended to punish the defendant and serve as a deterrent to others from engaging in similar behavior.
Contact an Experienced New York Personal Injury Attorney
Liability in construction accidents is often complex. If you’re a subcontractor who was injured on the job, it’s vital to have a skillful personal injury attorney by your side who focuses on construction accidents and understands the nuances associated with these types of claims. Due to our knowledge and insight, The Edelsteins, Faegenburg & Brown, LLP regularly obtains significant settlements and jury verdicts for victims of construction accidents. 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.