New York City construction sites are some of the most active and dangerous workplaces in the country. While workers’ compensation may be the first source of financial support after an on-the-job injury, it’s far from the only legal avenue available.
In many cases, injured workers have the right to file a third-party construction injury claim in NYC, which can provide significantly more compensation than workers’ comp alone.
If you or someone you love has been hurt on a job site, it’s crucial to understand who might be responsible—and how Wingate, Russotti, Shapiro, Moses & Halperin, LLP (WRSMH), can help you hold them accountable.
What Is Third-Party Liability?
Third-party liability arises when someone other than your employer or co-worker contributed to your accident.
While workers’ compensation typically bars lawsuits against an employer, it does not protect other entities that may have caused or contributed to the incident. These entities can include:
- Property owners
- General contractors
- Subcontractors
- Equipment manufacturers
- Maintenance companies
- Engineers or architects
Filing a workplace injury lawsuit against a third party allows injured workers to seek compensation for pain and suffering, emotional distress, and other damages not covered by workers’ comp.
Property Owner Negligence
In NYC, property owners have a legal duty to keep construction sites safe, especially when they have control over the site or the work being performed. This includes addressing hazardous conditions and ensuring that all work complies with local building codes and safety regulations.
If an owner fails in these responsibilities and that failure leads to a worker’s injury, they may be liable under New York Labor Law §§ 200, 240(1), and 241(6). These provisions protect workers performing activities like demolition, excavation, and scaffolding work—key areas of focus in many Staten Island construction liability claims.
General Contractors and Construction Managers
General contractor lawsuits are among the most common forms of third-party litigation following construction accidents. Under New York law, general contractors and construction managers are often responsible for overall site safety, even if they delegate specific tasks to subcontractors.
When a general contractor fails to coordinate safety measures, provide protective equipment, or properly oversee dangerous work, their negligence can result in devastating injuries.
If you are a subcontractor or day laborer injured due to poor oversight, you may have a valid subcontractor injury claim against the general contractor.
Examples of general contractor negligence:
- Not enforcing fall protection protocols
- Failure to coordinate safe scheduling between trades
- Inadequate lighting or signage in hazardous areas
- Allowing unsafe scaffolding or ladder conditions
Liability of Subcontractors and Other On-Site Vendors
Just as subcontractors can sue general contractors, they can also be sued themselves if their actions create unsafe conditions. For instance, if an electrical subcontractor leaves exposed wiring or fails to secure a live circuit, and another worker is injured, the injured party may file a third-party construction injury claim against that subcontractor.
It’s common for construction sites to host dozens of vendors and subcontractors simultaneously, and each has a duty to ensure their work area and activities do not pose a risk to others. When this duty is breached, the injured worker has legal recourse beyond workers’ compensation.
Defective Equipment and Product Liability
Not all injuries are the result of human negligence. Some are caused by defective tools, scaffolding, safety harnesses, or machinery. In such cases, the manufacturer, distributor, or maintenance provider may be liable under product liability law.
For example:
- A malfunctioning nail gun fires unexpectedly, causing serious hand injuries
- A scaffold collapses due to design flaws, leading to a fall
- A safety harness fails during a descent due to a manufacturing defect
These manufacturers and service companies are not shielded by workers’ comp laws, making them valid targets in third-party lawsuits.
WRSMH attorneys routinely investigate equipment failures and collaborate with engineers and forensic specialists to identify design and manufacturing flaws.
Why Pursue a Third-Party Construction Injury Claim in NYC?
Unlike workers’ compensation, which is limited in scope, a third-party claim allows you to pursue full damages for:
- Pain and suffering
- Loss of enjoyment of life
- Lost future earnings
- Emotional distress
- Loss of consortium (for family members)
Pursuing both a workers’ comp and a third-party lawsuit maximizes your potential recovery and holds all responsible parties accountable. At WRSMH, we believe that every injured worker deserves a day in court—and we prepare every case with the courtroom in mind.
Real-World Experience That Sets WRSMH Apart
WRSMH has secured over $2 billion in verdicts and settlements for injured New Yorkers. We are recognized by U.S. News & World Report as one of the Best Law Firms, and our attorneys have earned honors from Super Lawyers, Avvo, and the Multi-Million Dollar Advocates Forum.
Construction accidents account for over half of the cases we handle. Not to mention, our New York City construction accident attorneys collaborate with top-tier experts in structural engineering, site safety, medicine, and vocational rehab. Basically, we spare no expense to build airtight cases that stand up in court.
Speak With Our Trusted NYC Construction Accident Attorneys Today
If you’ve been injured on a construction site in NYC, you may have the right to pursue compensation against one or more third parties, which could make a huge difference in your life.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we will investigate every avenue for compensation and aggressively represent your interests every step of the way.
Call (212) 986-7353 to learn more today. With over 50 years of experience, our legal team has the resources, reputation, and results to back you up.