What Remedies Are Available if I am Injured in a Construction Accident?

If you have been injured in a construction accident, your life has been drastically changed. You may be unable to work, have significant medical bills, and be uncertain of how to maintain and rebuild your life after your injury. Often, construction site injuries are a result of violations of the New York State Labor Law or the negligence of others. While New York State workers are not able to sue their employers, there are other options available to you pursuant to the New York State Labor Law. As more fully detailed below, you may have legal options which allow you to pursue damages for your injury and an experienced construction accident attorney may be able to help.

New York Workers' Compensation Law

The New York Workers’ Compensation Law, enacted in 1914, gives workers the right to medical care and lost wage compensation if they are injured on the job. In exchange for these benefits, however, workers injured on the job do not have a right to sue their employer. Although workers’ compensation denies you the ability to directly sue your employer for a workplace injury, you are not without options. The New York State Labor Law provides you with other ways to hold someone accountable for your injury and to potentially receive compensation for economic loss, pain and suffering, and other damages.

New York State Labor Laws and Third Party Liability

If the New York State Labor Law is violated, entities other than your employer may be held responsible. Labor Law Sections 240 and 241 allow injured workers to seek damages from landowners and general contractors of the construction projects. Even if the work has been delegated to a subcontractor or other agent, owners and general contractors may still be held responsible. This third party liability is, in some instances, absolute. Ultimately, the owner and general contractor bear the responsibility for safety practices. For example, the owner may be held responsible if an unsafe condition leads to a worker being injured as a result of a fall, regardless of the level of control or supervision the owner exercises over a contractor’s employees onsite.

Who to call

The legal landscape after you have been injured in a construction accident is often very confusing. Additionally, there are very strict timeframes within which a claim for workers’ compensation benefits or a personal injury claim must be commenced. Contact the attorneys at Lipsitz Green Scime Cambria as soon as possible following your accident so that they may determine what, if any, benefits and legal remedies are available to help you and your family. The firm’s personal injury attorneys are very experienced in this area of the law and will fight to ensure that you and your family receive the damages you deserve. Call the attorneys at Lipsitz Green Scime Cambria today for a free case consultation.


This article does not purport to give legal advice and is for informational purposes only.
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