The construction industry has among of the highest rates of worker fatalities and injuries. There are certain risks you take as a construction worker in New York. However, that doesn't mean if you are hurt there are no options you can explore. If you have suffered a construction site injury, you should submit a workers' compensation claim. However, under New York law, there is a loophole that might open the option to sue your employer in a personal injury case if they were partially to blame.

Of course, if you have questions or are unsure about the route you should take in this situation, consulting an experienced New York construction site lawyer can give you a clearer picture about the steps you can take. Brandon J. Broderick, for example, has represented clients in numerous construction accident injury cases with a high-rate of success.

How Workers' Compensation Works

The New York workers' compensation system functions similarly to other states' systems. A worker injured on the job in New York may seek compensation through the state's workers' comp board. In most cases, you won't even have to establish that your employer was at fault, as it's a "no-fault" system and you may still get compensation even if you were at fault.

Pain and suffering, mental agony, and diminished quality of life are not covered under the workers' compensation program, which is the program's primary drawback. In most personal injury lawsuits, non-economic damages are generally worth more than half the total award. But, if you're eligible for workers' compensation, you can not sue your employer in court.

Lawsuits Involving Third Parties

New York's statutes regarding workplace accidents have a loophole that makes it possible to bring forth a personal injury claim when there is an accident at the workplace resulting in injury. In order to recover compensation for emotional distress or other non-economic damages caused by an accident, you must prove that another party's negligence or malice contributed to the incident.

For instance, if you were injured on a construction site, you may file a claim against the property owner (assuming the owner is not your employer). If there are hazards on the property, the owner is required to either fix them or post warning signs. If you were hurt due to a third party's negligence at the site, you may be able to file a lawsuit against them.

The New York Loophole: "Grave Injury"

If you sustain a "grave injury" on the job that was the result of the negligence of a third party, you can pursue both a personal injury lawsuit and a claim for workers' compensation benefits in New York State. The third party might also include your company as a defendant in the case.

If there are two defendants, it could mean that you can recover twice as much if your claim warrants it. With a substantial claim, this might have a significant impact on the final settlement you get.

Under New York law, what constitutes a "grave" injury? Here's a few of the injuries that can qualify:

• Loss of your nose or ear; more than one toe or finger; your index finger; or a limb, such as your arm, leg, hand or foot;
• Becoming paralyzed;
• Serious and permanent disfigurement to one's face;
• Becoming blind or deaf;
• Permanent disability from a traumatic brain injury; or
• Death.

What is Comparative Fault?

When it comes to workers' compensation, it doesn't matter whether or not the employee was at fault, since New York has established a no-fault system. However, if an employee's actions resulted in a severe injury, such as any of the injuries we listed earlier, their behavior could be taken into account in a personal injury claim against a third party. For example, this couple be that the employee was drunk or contributed to their injury on purpose. When more than one party is to blame in a personal injury case in New York, the state's comparative fault law will apply. The system provides a means for businesses to lessen their legal responsibility.

In New York, a court will use what is called "pure comparative blame" to determine how much liability each party bears. If the construction worker is awarded damages, the amount will be reduced by the percentage of fault they were found to have in the accident. Let's say, the construction worker has been found to be 50% at fault and is awarded $100,000 in damages, then his compensation would be only $50,000. This is because the defendant(s) is only responsible to pay 50% of the award to the employee.

Injured on a Construction Site? Talk to Our Experienced Construction Site Lawyers

If you are unsure about your construction site injury and need legal help, we are here for you. The construction site lawyers at Brandon J. Broderick have years of legal experience under their belt, and can help offer solid legal advice about your case, whether it is a simple workers' compensation claim or a third party personal injury lawsuit.

We are dedicated to providing the best client experience possible, and resolving each case with an outcome everyone is pleased with. Schedule a call with us now for free consultation to discuss your case.

We have provided legal help to clients in New York for years. We also have offices across New Jersey and Connecticut.