Can You Sue a General Contractor After a Construction Accident in New York?

Your paycheck may come from a subcontractor, but the general contractor usually runs the job site. Because that company isn’t your employer, New York often lets you sue it even as comp benefits come in.

Every job from the Bronx to Staten Island leaves a paper trail showing who ran it, and Lipsig, Freund & Wisell, PLLC can help you follow it. Contracts and safety logs give our NYC construction accident lawyer the facts behind your job site injury claim.

What Workers’ Comp Leaves Out

Comp benefits stop at medical care and a partial wage check, and they come with a trade-off: you generally can’t sue the company that employs you. Your third-party construction accident lawsuit in New York can go after the other companies on the project, and you may recover pain and suffering.

Why Is the General Contractor Responsible for Your Safety?

On a large Manhattan or Brooklyn project, the general contractor is at the top of the chain of command. That role usually includes control over:

• The daily work schedule
• Which subcontractors come on-site
• Safety meetings and training
• Shared scaffolds, ladders, and hoists

New York holds general contractors to a safety duty they can’t pass down. A general contractor can’t shift the blame onto the subcontractor who hired you.

What Should You Do After a Job Site Injury?

Proof that the general contractor ran the site usually comes from paperwork. If you can, hold on to or note:

• The contractor named on the permit posted at the site
• Gate sign-in sheets or badge records
• Who led the morning safety meeting
• Your deadline: three years to sue, or a 90-day notice of claim on public projects

Your union or shop steward may have copies of site safety reports. Our team can request the rest once your case begins.

When the Contractor Breaks an Industrial Code Rule

General contractors and property owners can also be held liable for injuries under New York Labor Law § 241(6) when the job breaks a detailed rule in the state’s Industrial Code. Examples include missing eye protection and poor lighting in work areas. A vague claim that the site felt dangerous won’t support this kind of case.

Does the Scaffold Law Cover Your Fall?

Falls from scaffolds, ladders, and roofs come under the New York Labor Law 240 scaffold law. It also covers loads or materials that drop on workers from above. Owners and general contractors face absolute liability when a missing or inadequate safety device contributes to the accident, even if the worker was partly careless.

Put Our NYC Construction Accident Lawyer to Work on Your Claim

Your first consultation costs nothing and stays confidential. Bring the general contractor’s name if you know it, along with any photos or incident reports. Phone 212-285-3300 or set up a meeting through our online contact form to get started. Past recoveries for our clients top $1 billion.