In most cases, you cannot sue your employer for an injury sustained on a Bronx construction site. With very few exceptions, employers are only responsible for workers’ compensation coverage for a work-related injury.
However, you may have a third-party claim for damages caused by a construction accident. Let’s look at the differences between a workers’ comp claim and a lawsuit for a construction injury.
Workers’ Compensation For a Construction Site Injury
Unless your employer intentionally injured you on a construction site, workers’ compensation laws bar you from suing your employer.
However, the positive aspect of workers’ compensation is that you do not need to prove negligence or fault to receive benefits. Also, you can generally receive workers’ compensation even if your actions contributed to the cause of your injury. Some exceptions are if you intentionally caused your injury or alcohol or drug use contributed to the cause of your accident.
Unfortunately, workers’ compensation does not cover all your losses. Your medical bills should be paid in full for a work-related injury. However, you only receive a portion (approximately two-thirds) of your lost wages for a workers’ compensation claim.
A workers’ compensation claim does not compensate you for other losses, including pain and suffering damages. On the other hand, a third-party claim could result in additional compensation for an injured worker.
What Compensation Could I Receive if I Sued a Third Party For a Construction Site Injury?
If you file a personal injury lawsuit against a third party, you could receive compensation for all damages.
You can receive compensation for economic damages such as:
- All past and future loss of income, including lost wages, benefits, and diminished earning potential
- All medical bills and expenses related to treatment
- Out-of-pocket expenses and costs
- All costs related to personal care or long-term nursing care
- Expenses for medical equipment and medications
You may also receive damages for your non-economic damages. These damages compensate you for your physical pain, permanent impairments, emotional distress, loss of enjoyment of life, and more.
Construction site accidents can cause traumatic injuries that result in permanent disabilities. Therefore, injured construction workers should explore all legal options to recover compensation.
Who Can I Sue For a Bronx Construction Site Injury?
Workers’ compensation laws do not bar an injured construction worker from suing third parties. Third parties might be liable for damages if they were negligent or committed other acts that led to the worker’s injuries.
Examples of parties that could be responsible for injuries caused by a construction accident include, but are not limited to:
- Contractors and subcontractors
- Property owners
- Manufacturers of defective products (product liability claims)
- Architects
- Engineers
The cause of action for a lawsuit depends on the facts and circumstances of the construction accident.
For example, a general negligence claim against a third party requires you to prove that the party owed you a duty of care and breached that duty of care. You must also prove that the breach of duty caused your injuries and damages.
If your claim involves a defective product, strict liability might apply in your case. The manufacturer or other responsible party could be held liable for damages if you prove that the product was defective and caused your injury. You would not need to prove negligence or intention under strict liability.
You might have a claim against a contractor or property owner under New York Labor Code Section 200. The code requires these parties to provide proper and reasonable protection for construction site workers.
They have a general duty to:
- Warn employees of dangerous conditions
- Correct hazardous conditions
- Ensure equipment and machinery is generally safe to use
Unlike workers’ compensation, you have the burden of proving that the other party’s negligence or wrongdoing led to your injury in a personal injury lawsuit. Furthermore, the other party may raise allegations of contributory negligence, which could reduce the amount you receive for damages.
Comparative Negligence and Third-Party Claims for Construction Site Accidents
Unlike a workers’ compensation claim, your negligence can impact a third-party claim. Under New York’s pure comparative negligence laws, your compensation may be reduced by the percentage of fault you have for the cause of your injury.
For example, if you were distracted because you were texting, a jury could find that your actions contributed to the cause of a construction site injury. If the jury finds you are 50 percent at fault, your compensation for damages is reduced by one-half.
Suing parties after being hurt on a Bronx construction site can be complicated. There are many more rules and legal considerations for third-party claims that are not required for a workers’ compensation claim.
Generally, it is in a worker’s best interest to seek legal advice from a construction accident lawyer as soon as possible. An attorney will evaluate the facts of the case and explain all legal options for recovering compensation for a construction accident.
Contact Our Construction Accident Law Firm in Bronx, NY
If you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999
Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884
