Construction accidents can cause devastating injuries. Most people know they can file for workers’ compensation, which provides partial wages replacement and other benefits to injured workers. But injured workers could also be eligible to receive significant compensation through a third-party claim or lawsuit.
The Manhattan construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have been getting justice for injured construction workers for over 50 years. In fact, we’ve recovered over $2 billion for our clients.
We investigate all potentially liable parties and seek maximum compensation to cover the cost of your medical treatment, assisted living care, and other long-term expenses caused by the accident.
In this article, our legal teams explains how third-party lawsuits work in Manhattan construction accident cases.
Workers’ Compensation vs. Third-Party Personal Injury Lawsuits
Workers’ compensation is a no-fault system. If you are hurt on the job, you typically cannot sue your employer directly. In exchange, you receive:
- Coverage for necessary medical treatment
- A portion of lost wages
- Disability benefits
However, workers’ compensation does not provide:
- Compensation for pain and suffering
- Full wage replacement
- Money to cover loss of future earning capacity
- Damages for loss of enjoyment of life
That is where a third-party lawsuit comes into play. If someone other than your employer contributed to your injuries, you may have grounds to pursue a personal injury claim in addition to your workers’ comp benefits. A successful third-party liability work injury case can provide significantly broader compensation than workers’ comp.
New York Labor Law 240
New York Labor Law 240 imposes strict liability on property owners and general contractors when a worker is injured due to a gravity-related hazard, such as:
- Falls from scaffolds or ladders
- Collapsing hoists
- Falling tools or building materials
- Improperly secured safety devices
If proper safety devices were not provided or failed to protect the worker, the property owner or general contractor can be held legally responsible, even if they were not physically present at the time of the accident.
Industrial Code Violations
Labor Law 241(6) requires owners and contractors to comply with specific safety rules set forth in the New York Industrial Code. If a violation of these regulations contributes to your injury, you may have a viable claim.
Common examples include:
- Failure to provide proper fall protection
- Unsafe demolition procedures
- Inadequate site housekeeping
- Improperly guarded openings
General Contractors & Subcontractors
On Manhattan job sites, it is common to see multiple contractors operating simultaneously. For example, electrical crews, ironworkers, concrete teams, and delivery personnel may all be present at the same time.
When several entities share control of a worksite, liability often hinges on:
- Who had authority over the specific work being performed
- Who created or failed to correct a dangerous condition
- Whether proper supervision was provided
- Whether safety rules were enforced
A subcontractor negligence lawsuit may arise if a subcontractor’s unsafe practices create hazards for workers employed by another company.
Manufacturers of Defective Equipment
Construction work depends on heavy machinery and safety devices. When that equipment fails, the consequences can be catastrophic.
Under New York product liability law, a manufacturer may be held responsible if an injury was caused by:
- A design defect
- A manufacturing defect
- Failure to provide adequate warnings
A workplace injury caused by faulty equipment may apply to several types of businesses, including:
- Scaffold manufacturers
- Hoist and crane manufacturers
- Ladder manufacturers
- Forklift manufacturers
- Safety harness designers
Drivers Who Cause Accidents
If a third-party driver strikes a worker near or on a job site, that driver may be liable in a separate personal injury claim.
Manhattan’s construction sites are often located in some of the busiest traffic corridors in the country. Workers may be exposed injuries caused by people operating:
- Delivery trucks
- Cement mixers
- Flatbed trucks
- Rideshare vehicles
- Private motorists
Equipment Rental Companies & Vendors
Many Manhattan contractors rent scaffolds, lifts, and heavy equipment from third-party vendors. When rental companies fail to properly maintain or inspect their equipment, serious injuries can result.
An equipment rental company may be liable if:
- It leased defective or poorly maintained machinery
- It failed to perform required inspections
- It provided inadequate instructions for safe operation
Frequently Asked Questions
Can I file a third-party lawsuit if I am already receiving workers’ compensation benefits?
Yes. While workers’ compensation generally prevents you from suing your employer directly, you may still have the right to bring a third-party lawsuit against someone other than your employer.
Who qualifies as a third party in a Manhattan work injury case?
A third party is any individual or company other than your employer that may have caused or contributed to your accident. Common examples include:
- Property owners under New York Labor Law 240
- General contractors or subcontractors responsible for site safety
- Manufacturers of defective scaffolds, ladders, or machinery
- Equipment rental companies
- Drivers who strike workers near or on job sites
What is New York Labor Law 240, and how does it affect my case?
New York Labor Law 240, often referred to as the “Scaffold Law,” holds property owners and general contractors strictly liable for gravity-related injuries, such as falls from heights or injuries caused by falling objects.
What additional compensation can I recover in a third-party lawsuit?
Workers’ compensation typically covers medical care and a portion of lost wages. A third-party lawsuit, however, may allow you to pursue compensation for:
- Pain and suffering
- Full lost wages
- Loss of future earning capacity
- Future medical costs
- Loss of enjoyment of life
These damages are often substantial in serious construction and workplace injury cases.
Why is it important to investigate third-party liability quickly?
Acting promptly can make a significant difference in the strength and value of your third-party liability work injury claim. Early investigation allows your construction accident attorney to:
- Identify all responsible parties
- Preserve defective equipment
- Review contracts and safety records
- Secure evidence before it is lost
Speak With an Experienced Manhattan Construction Accident Lawyer
Wingate, Russotti, Shapiro, Moses & Halperin, LLP is a leader in serious injury litigation in Manhattan. We have been recognized as one of the Best Law Firms by U.S. News & World Report, and we have earned numerous distinctions for our commitment to client satisfaction and trial advocacy.
If you were injured on a Manhattan job site, do not assume workers’ compensation is your only option. A Manhattan third-party lawsuit may provide access to significantly greater compensation for your injuries.
Call (212) 986-7353 to learn more today.