What You Need to Know About Construction Injury Lawsuits

Construction Injury Lawsuits

If you work in construction and get hurt on the job, you have more rights than you think. While it is true that New York law limits who you can file a lawsuit against in these types of situations, knowing more about your rights can help determine if you need to further pursue compensation for your injuries.

Workers’ compensation is in place for workplace injuries and generally prohibits you from filing a lawsuit. However, you may still be able to bring a construction injury lawsuit against a negligent party. 

When Can You Sue for a Workplace Injury in New York?

If you’ve suffered a serious work injury, your workers’ compensation coverage likely won’t be enough to help you out. In these cases, you may be able to file a construction injury lawsuit.

If you were seriously injured because of someone else’s negligence or your employer doesn’t provide workers’ compensation like they are supposed to, these would be reasons to pursue other legal avenues.

You may have been injured because your employer violated safety rules that are designed to protect workers like you. A subcontractor or property owner could be responsible, or it could be a defective product.

You should be focused on healing from your injuries rather than worrying how you’re going to pay your bills and provide for your family. If you are not receiving workers’ compensation like you should or your work injuries are extreme, talking with a New York construction accident lawyer can help you determine if you can file a construction injury lawsuit. 

Who May Be Liable for Your Damages in a Construction Injury Lawsuit?

While workers’ compensation is not fault-based, you will find personal injury is completely based around fault. As the plaintiff, you will need to prove that another party was responsible for your construction injury.

Generally, with workers’ comp, you are not permitted to sue for work-related injuries. In New York, there are exceptions to this rule, such as if you were hurt by a fall accident or a falling object and your employer was negligent in this situation.

You may also be able to hold other contractors responsible if they were negligent. Property owners that don’t keep safe conditions on the job site, other drivers in motor vehicle accidents, and manufacturers of tools and equipment, are other potentially liable parties for your construction injuries.

How Fault Is Determined for a Construction Injury Lawsuit

After being injured in a construction accident, you can claim workers’ compensation benefits. If someone else was at fault for your injuries, you may be able to pursue further compensation in a personal injury lawsuit, depending on the factors of your case.

It can be very complicated to determine if you have a valid construction injury lawsuit. As such, it’s wise to speak with an attorney to find out if you can sue. Even if you were partly at fault, you may still be able to bring a lawsuit if negligence was found.