Are You Limited to Workers’ Compensation after a Construction Site Injury?
When you have been hurt on a residential or commercial construction site, one of your first steps will typically be to file for benefits under New York Workers’ Compensation laws. A good question to ask is whether this is your only recourse after an accident on a construction project? What other options may be available to you?
The Purpose of Workers’ Compensation
The New York Workers’ Compensation laws were enacted with the stated purpose of benefiting both workers and employers. As an injured worker, you don’t have to go through the time and expense of a trial…if your application is approved, you can start to receive benefits within a few weeks. But there’s a concession y—the amount you can receive to compensate you for your losses is limited under the Workers’ Compensation laws. That’s the real benefit to employers—they don’t have to worry about a large jury verdict.
Workers’ compensation is often referred to as your “exclusive remedy” for any injuries sustained on the job. That means it’s the only avenue you have to recover for any losses. But it’s important to understand that, by law, workers’ compensation is intended to address only the negligence or wrongdoing of your employer or a co-employee. If you suffer any injury or loss because of the carelessness, negligence, or violation of law of an unrelated third party, your right to recover for those losses is not limited by New York’s Workers’ Compensation laws.
So what does that mean for you? It means that if you can identify wrongdoing by a third party that contributed in any way to your injury, you can file a civil lawsuit against that person or entity for any losses. Some examples of third parties who may be responsible for a construction site injury include:
- General Contractors and Owners of a construction site that are responsible by law for worker safety.
- Contractors that hire subcontractors who may be responsible by law and under contract for worker safety.
- Contractors that operate certain equipment at construction sites such as cranes, hoists, etc.
Contact Our Construction Accident Law Firm in Bronx, NY
If your loved one has been hurt or killed on a construction site and you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation. Our phones are answered 24 hours a day, seven days a week. We represent personal injury victims throughout the New York City metropolitan area, including Queens, Brooklyn and the Bronx. We handle all construction, ladder and scaffolding personal injury claims on a contingency basis. You won’t incur any attorney fees unless we get compensation for your losses.
We have two convenient locations in New York:
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