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3 Examples of When Workers Can Sue after a Construction Accident

March 8, 2021
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Construction work is one of the deadliest occupations out there, and if you’ve been injured on the job, you likely have a long path back toward recovery. Obtaining the compensation to which you’re entitled after being injured on a construction site is likely critical to your ability to fully heal, which makes working closely with an experienced NYC worker’s compensation attorney paramount.

Worker’s Compensation

Generally, accidents on the job are covered by worker’s compensation insurance. Worker’s compensation works as a kind of compromise: employees give up the right to sue in exchange for compensation – while employers are on the hook for covering injured employees but typically don’t have to worry about legal liability and ensuing lawsuits. There are, however, situations in which an injured construction worker can sue for damages incurred in a construction accident

When You Can Sue

While you generally cannot sue your employer, there are situations when you can sue after being injured in a construction accident, including:

  • After a fall (or being hit by a falling object) that was caused by employer negligence
  • After an accident caused by the negligence of a property owner
  • After an accident caused by the negligence of another contractor or another contractor’s employee

Section 240 of New York’s Labor Law

Although you typically can’t sue your employer for damages related to construction accidents, there are a few exceptions, and one of these is Section 240 of New York’s Labor Law. Under this section, you can sue the construction company that employs you if you are injured in a fall (or by a falling object) that happened as a result of your employer’s negligence.

Negligent Property Owners

The owner of the property upon which your construction crew is working owes you a duty of care that extends to providing reasonable and adequate protections for everyone doing work on the property. If the property owner leaves construction workers vulnerable to unsafe conditions on the construction site and you are injured as a result, you might be able to sue for the damages you experience.

The Negligence of Other Contractors or Subcontractors

Often, construction sites have more than one construction company working at any given time. While you likely can’t sue because of your own employer’s negligence, this is not true when it comes to other contractors or subcontractors. If another construction company’s negligence or the negligence of a construction worker who is employed by another company causes you to be injured in a construction accident, speak to an experienced worker’s compensation attorney about your legal options.

Reach Out to an Experienced New York City Workers’ Compensation Attorney Today

There are situations in which you can sue for injuries sustained in a construction accident, and the practiced workers’ comp attorneys at Lipsig, Shapey, Manus & Moverman – proudly serving NYC for many decades – have the experience, fortitude, and legal insight to help. Your case is important, so please don’t hesitate to contact or call us at 212-285-3300 today.


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