Dealing With Third Party Construction Accidents

In many cases, construction workers who are injured on the job only receive workers compensation benefits.  But rarely does this compensation fully reimburse a worker for their pain, suffering and other losses.  If you are injured on the job you may be able to sue any third party in a personal injury lawsuit.

A third party claim can be filed against your employer for negligence or wrongful action of a third party.  This is especially common for construction accidents where there are several subcontractors involved.

Common third party accidents include:

  • Falling from scaffolding
  • Falling into an unsecured elevator shaft
  • Being hit by falling tools or building materials
  • Falling into trench
  • Being struck by a crane, fork lift or other construction vehicle

While you wait for your claim to go through, you can apply for and receive workers compensation benefits.  If you workers compensation attorney New York is able to recover damages for you, you are required to pay back the workers comp benefits you were paid with the money you are awarded.


Receive Worker’s Comp Benefits Then Sue?

Workers compensation is a mandatory benefit that provides financial resources to employees who are injured in a work-related accident.  Due to changes in New York’s workers compensation law, it’s now very important to obtain legal counsel before filing a worker’s comp claim.  A construction accident attorney in New York can help you.

If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence.  If you are injured in a construction accident, you are likely to receive workers compensation benefits.  Though this is practice common, there are cases in which you can sue for damages.  These include:

  • Injuries caused by a defective product
  • Injuries caused by a toxic substance
  • Injuries caused by intentional or bad conduct of employer
  • If employer does not carry workers comp insurance
  • If a third party caused your injury.

In all but one of these accidents, a third party caused the accidents.  Though you cannot sue your employer, you can however sue a third party involved in your construction accident.