Construction sites are inherently dangerous, and accidents can happen despite the best safety measures. If you have been injured while working on a construction site in New York, you may be wondering if you have the right to sue your employer for compensation.
While generally, workers' compensation claims are the primary recourse for workplace injuries; there are situations where you may be able to file a personal injury lawsuit against your employer.
In this article, we’ll explore the circumstances under which you can sue your employer after a construction site injury in New York.
What is Workers’ Compensation?
Workers’ compensation is a system that provides benefits to employees who are injured or become ill as a direct result of their job. It is a no-fault system, meaning that employees are entitled to benefits regardless of who caused the accident.
Under workers’ compensation laws, employers are generally protected from employee lawsuits. With a few exceptions, this means you cannot sue your employer for a construction site injury. Instead, you must file a workers’ compensation claim to receive benefits.
Workers’ Compensation Benefits
After an injury, you may be dealing with medical bills, pain, and other challenges. A personal injury attorney can help you focus on your recovery by handling the legal aspects of your case.
- Medical expenses - Workers’ compensation covers the cost of medical treatment related to your injury. This can include doctor’s visits, hospital stays, surgeries, medications, and rehab services.
- Lost wages - If your injury prevents you from working, workers’ compensation provides partial wage replacement benefits. These benefits typically amount to a percentage of your average weekly wage.
- Disability benefits - If your injury results in a temporary or permanent disability that prevents you from returning to work, workers’ compensation may provide additional disability benefits.
- Vocational rehabilitation - If you cannot return to your previous job due to your injury, workers’ compensation may cover the cost of vocational rehabilitation programs to help you gain new skills and find alternative employment.
While workers' compensation provides essential benefits such as medical expenses and lost wages, it typically does not cover non-economic damages like pain and suffering or loss of enjoyment of life.
These damages can often make up a significant portion of a personal injury claim. However, in most cases, you cannot sue your employer if you have already filed a workers' compensation claim.
Third-Party Liability in Construction Site Accidents
Despite the limitations of workers' compensation, there is a potential avenue for legal action in certain situations. If a third party other than your employer was responsible for your construction site injury, you may be able to file a personal injury lawsuit against that party.
Third parties can include entities such as property owners, contractors, subcontractors, or equipment manufacturers.
To have grounds for a personal injury lawsuit, you must prove that the third party was negligent, reckless, or engaged in intentional misconduct that directly caused your injury. For example, if the construction site owner fails to maintain safe conditions or warn workers about hazards, they could be liable for any resulting injuries.
New York’s “Grave Injury” Exception
In New York, there is an exception to the general rule that prevents employees from suing their employers for workplace injuries. This exception is known as the "grave injury" exception.
Under this exception, if you suffer a work-related injury classified as "grave" and the injury was caused by the negligence of a third party, you can file a personal injury lawsuit against that third party and still receive workers' compensation benefits. Additionally, you can add your employer as a defendant in the lawsuit.
The "grave injury" exception allows you to pursue a personal injury claim while still accessing the resources of both the third party and your employer. This can significantly impact the potential amount of compensation you may receive, especially if your claim involves substantial damages.
Qualifying Injuries for the “Grave Injury” Exception
To qualify for the "grave injury" exception in New York, your injury must meet certain criteria. The following injuries are generally considered "grave" under New York law
- Loss of nose or ear
- Loss of more than one toe
- Loss of index finger or multiple fingers
- Permanent and total loss of use of an extremity (arm, leg, hand, or foot), including amputation
- Major Paralysis (paraplegia or quadriplegia)
- Severe, permanent facial disfigurement
- Total blindness or deafness
- Traumatic brain injury resulting in total permanent disability
- Wrongful death (for a wrongful death claim)
It’s important to note that terms like "severe" are subject to interpretation and may require legal analysis to determine if they apply to your specific situation.
Comparative Fault in Construction Site Injury Lawsuits
When it comes to personal injury lawsuits arising from construction site accidents, New York employs a comparative fault system. Comparative fault means that multiple parties involved in an accident can share the blame, and the amount of compensation awarded is determined based on the percentage of fault assigned to each party.
If you decide to pursue a personal injury lawsuit against a third party for your construction site injury, your employer may try to reduce their liability by arguing that you were partially at fault for the accident. In such cases, New York's comparative fault rules come into play.
The court will assess the percentage of fault assigned to each party, and your compensation will be reduced by the percentage of fault attributed to you. For example, if the court determines that you were 20% at fault for the accident, your damages may be reduced by 20%.
Construction Accident FAQs
Can I Receive Compensation if I Was Injured off the Clock?
In general, workers' compensation doesn't cover injuries that occur off the clock. However, there may be exceptions.
For example, if you were injured while running an errand for your employer or engaged in work-related activities outside of normal working hours, you may still be eligible for workers’ compensation benefits. Consulting a construction accident lawyer can help determine if you have a valid claim.
What Does a Construction Accident Settlement Mean?
A construction accident settlement is an agreement reached between the injured worker and the responsible party for their insurance company.
By accepting a settlement, the injured worker agrees to resolve their claim in exchange for a predetermined amount of compensation. They also forfeit the right to pursue further legal action against the responsible party.
When Should I Contact a Lawyer?
Contact a lawyer as soon as possible after a construction accident! Time is of the essence in gathering evidence and filing necessary claims. Additionally, there are specific deadlines and statutes of limitations that apply to construction accident cases in New York.
What is Workers’ Compensation?
Workers’ compensation is a system that provides benefits to employees who are injured or become ill as a direct result of their job. It is a no-fault system, meaning that employees are entitled to benefits regardless of who caused the accident.
Under workers’ compensation laws, employers are generally protected from employee lawsuits. With a few exceptions, this means you cannot sue your employer for a construction site injury. Instead, you must file a workers’ compensation claim to receive benefits.
Workers’ Compensation Benefits
After an injury, you may be dealing with medical bills, pain, and other challenges. A personal injury attorney can help you focus on your recovery by handling the legal aspects of your case.
- Medical expenses - Workers’ compensation covers the cost of medical treatment related to your injury. This can include doctor’s visits, hospital stays, surgeries, medications, and rehab services.
- Lost wages - If your injury prevents you from working, workers’ compensation provides partial wage replacement benefits. These benefits typically amount to a percentage of your average weekly wage.
- Disability benefits - If your injury results in a temporary or permanent disability that prevents you from returning to work, workers’ compensation may provide additional disability benefits.
- Vocational rehabilitation - If you cannot return to your previous job due to your injury, workers’ compensation may cover the cost of vocational rehabilitation programs to help you gain new skills and find alternative employment.
While workers' compensation provides essential benefits such as medical expenses and lost wages, it typically does not cover non-economic damages like pain and suffering or loss of enjoyment of life.
These damages can often make up a significant portion of a personal injury claim. However, in most cases, you cannot sue your employer if you have already filed a workers' compensation claim.
Third-Party Liability in Construction Site Accidents
Despite the limitations of workers' compensation, there is a potential avenue for legal action in certain situations. If a third party other than your employer was responsible for your construction site injury, you may be able to file a personal injury lawsuit against that party.
Third parties can include entities such as property owners, contractors, subcontractors, or equipment manufacturers.
To have grounds for a personal injury lawsuit, you must prove that the third party was negligent, reckless, or engaged in intentional misconduct that directly caused your injury. For example, if the construction site owner fails to maintain safe conditions or warn workers about hazards, they could be liable for any resulting injuries.
New York’s “Grave Injury” Exception
In New York, there is an exception to the general rule that prevents employees from suing their employers for workplace injuries. This exception is known as the "grave injury" exception.
Under this exception, if you suffer a work-related injury classified as "grave" and the injury was caused by the negligence of a third party, you can file a personal injury lawsuit against that third party and still receive workers' compensation benefits. Additionally, you can add your employer as a defendant in the lawsuit.
The "grave injury" exception allows you to pursue a personal injury claim while still accessing the resources of both the third party and your employer. This can significantly impact the potential amount of compensation you may receive, especially if your claim involves substantial damages.
Qualifying Injuries for the “Grave Injury” Exception
To qualify for the "grave injury" exception in New York, your injury must meet certain criteria. The following injuries are generally considered "grave" under New York law
- Loss of nose or ear
- Loss of more than one toe
- Loss of index finger or multiple fingers
- Permanent and total loss of use of an extremity (arm, leg, hand, or foot), including amputation
- Major Paralysis (paraplegia or quadriplegia)
- Severe, permanent facial disfigurement
- Total blindness or deafness
- Traumatic brain injury resulting in total permanent disability
- Wrongful death (for a wrongful death claim)
It’s important to note that terms like "severe" are subject to interpretation and may require legal analysis to determine if they apply to your specific situation.
Comparative Fault in Construction Site Injury Lawsuits
When it comes to personal injury lawsuits arising from construction site accidents, New York employs a comparative fault system. Comparative fault means that multiple parties involved in an accident can share the blame, and the amount of compensation awarded is determined based on the percentage of fault assigned to each party.
If you decide to pursue a personal injury lawsuit against a third party for your construction site injury, your employer may try to reduce their liability by arguing that you were partially at fault for the accident. In such cases, New York's comparative fault rules come into play.
The court will assess the percentage of fault assigned to each party, and your compensation will be reduced by the percentage of fault attributed to you. For example, if the court determines that you were 20% at fault for the accident, your damages may be reduced by 20%.
Construction Accident FAQs
Can I Receive Compensation if I Was Injured off the Clock?
In general, workers' compensation doesn't cover injuries that occur off the clock. However, there may be exceptions.
For example, if you were injured while running an errand for your employer or engaged in work-related activities outside of normal working hours, you may still be eligible for workers’ compensation benefits. Consulting a construction accident lawyer can help determine if you have a valid claim.
What Does a Construction Accident Settlement Mean?
A construction accident settlement is an agreement reached between the injured worker and the responsible party for their insurance company.
By accepting a settlement, the injured worker agrees to resolve their claim in exchange for a predetermined amount of compensation. They also forfeit the right to pursue further legal action against the responsible party.
When Should I Contact a Lawyer?
Contact a lawyer as soon as possible after a construction accident! Time is of the essence in gathering evidence and filing necessary claims. Additionally, there are specific deadlines and statutes of limitations that apply to construction accident cases in New York.
Contact Field Law Group for Expert Legal Representation
Contact Field Law Group, P.C., to schedule a free consultation and discuss your construction accident case. We work on a contingency fee basis, which means there are no upfront costs, and we only get paid if we successfully recover compensation for you.
Don’t wait another minute — call 212-739-7279 today to protect your rights and seek the compensation you deserve.
Contact Field Law Group for Expert Legal Representation
Contact Field Law Group, P.C., to schedule a free consultation and discuss your construction accident case. We work on a contingency fee basis, which means there are no upfront costs, and we only get paid if we successfully recover compensation for you.
Don’t wait another minute — call 212-739-7279 today to protect your rights and seek the compensation you deserve.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania