If you’re a construction worker, you might know that if you’re in an accident, you cannot sue your employer due to New York’s Workers’ Compensation laws. However, it’s important to understand that you may still have legal recourse beyond Workers’ Compensation benefits if you suffered an injury. There are often third parties on construction sites who play a major role in a project. If a third party’s negligence, carelessness, or recklessness caused the accident that resulted in your injury, you may be eligible to file a personal injury lawsuit to recover your damages.
What is a Third-Party Lawsuit?
A third-party lawsuit is a legal claim filed against someone other than your employer. These claims can arise when the wrongful actions of a third-party caused the accident that led to your injury. Third parties on construction sites can include property owners, equipment manufacturers, architects, engineers, general contractors, subcontractors, and vendors.
Common Examples of Third-Party Liability
In order to pursue a personal injury lawsuit against a third-party, you must be able to show that they acted negligently. Specifically, you must establish that the third-party owed you a duty of care which they breached, causing you to suffer damages. Common ways third-party negligence can arise on a construction site include the following:
- Machinery malfunctions due to the manufacturer’s negligence
- Faulty blueprints by architects
- Falls from roofs, scaffolds, and ladders due to a contractor’s failure to provide proper safety gear
- Faulty demolition plans by engineers
- Poor maintenance of worksites by property owners
- Falling objects dropped by a subcontractor
- Defective wiring by an electrical contractor
In some cases, multiple parties can be held liable for negligence. However, evidence is critical to ensure that the parties who should be held accountable answer for their carelessness. Key evidence can include your medical records, photographs or video footage of the hazard that caused the accident, incident reports, witness statements, and various other documentation.
Recoverable Damages in a Third-Party Lawsuit for a Construction Accident
Depending upon how the construction accident occurred, you may have suffered a wide range of injuries. Common construction accident-related injuries can include broken bones, traumatic brain injury, nerve damage, disfigurement, crush injuries, paralysis, permanent disability, and fatality. Even seemingly minor injuries can require extensive medical care and time lost from work. You might also incur out-of-pocket expenses — in addition to non-monetary losses, such as physical pain, mental anguish, and loss of enjoyment of life caused by your injuries.
If you can establish that the negligence of a third-party is to blame for your construction accident-related injuries, you can file a personal injury lawsuit against them, even if you had filed for Workers’ Compensation benefits. Notably, Workers’ Compensation does not typically cover the full extent of a victim’s damages. It also doesn’t compensate for pain and suffering. By filing a personal injury lawsuit against a third party, you can pursue your unreimbursed medical expenses, the full amount of your lost wages, future lost earnings, and compensation for the pain and suffering you experienced in connection with your injury.
Contact an Experienced New York Personal Injury Attorney
If you were hurt on the job, it’s essential to have a personal injury attorney by your side who can recover the damages to which you’re entitled. The Edelsteins, Faegenburg & Blyakher LLP is a New York personal injury firm committed to fighting for construction accident victims who have been injured due to third-party negligence — and securing the compensation they deserve. Handling every case with proficiency and personalized attention, we have a long track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.