Construction work is one of the most dangerous occupations in New York, with hundreds of serious injuries reported each year. While workers' compensation typically covers job-related injuries, there are situations where injured workers may have the right to file a third-party lawsuit. These legal actions can offer additional compensation beyond what workers' comp provides—often a necessary step for those facing long-term disability, high medical costs, or diminished earning capacity.

Understanding when and how third-party liability applies is essential for protecting your rights after a construction accident in New York.

Common Causes of Construction Accidents

Construction sites are full of hazards—falling tools, unstable scaffolding, heavy machinery, and electrical systems, just to name a few. According to data from the New York City Department of Buildings, over 500 construction-related injuries were reported in 2023 alone. The leading causes include:

• Falls from heights (including scaffolds and ladders)
• Being struck by falling objects or equipment
• Electrocution
• Trench or structural collapses
• Equipment malfunctions or misuse

While these incidents may seem like accidents, many are preventable and often tied to negligence by parties other than the injured worker's direct employer.

What Is a Third-Party Lawsuit?

When a construction worker is injured on the job, they generally cannot sue their employer due to New York's workers' compensation laws. However, if another person or entity contributed to the accident, that party may be held responsible through a third-party personal injury lawsuit.

Examples of potentially liable third parties:

• Property owners or developers who failed to maintain safe work conditions
• General contractors or subcontractors not affiliated with the injured worker's employer
• Equipment manufacturers whose defective products caused injury
• Engineers or architects who made faulty site plans
• Vendors or delivery drivers who caused hazardous situations on-site

These lawsuits are separate from workers' compensation and can be filed concurrently, allowing injured workers to pursue broader compensation.

Why File a Third-Party Lawsuit?

Workers' compensation only covers medical expenses and a portion of lost wages. It does not provide for pain and suffering, full income replacement, or loss of future earnings. That's where a third-party lawsuit can make a significant difference.

A third-party claim may offer compensation for:

• Full lost wages (past and future)
• Pain and suffering
• Loss of quality of life
• Future medical care and rehabilitation
• Permanent disability
• Emotional distress

In some cases, punitive damages may also be awarded if the third party's conduct was especially reckless or malicious.

Labor Law Protections Unique to New York

New York stands out for its strong labor laws protecting construction workers. Specifically, Labor Law Sections 200, 240, and 241 impose additional safety responsibilities on property owners and contractors.

• Section 200: Requires owners and general contractors to provide a safe work environment.
• Section 240 (Scaffold Law): Holds property owners and contractors strictly liable for gravity-related injuries (such as falls from heights or being hit by falling objects).
• Section 241(6): Mandates compliance with specific safety rules outlined in the New York Industrial Code.

These laws often form the legal basis for third-party claims, especially in fall-related or structural hazard cases.

Establishing Liability in a Third-Party Construction Case

Unlike workers' compensation, which does not require proof of fault, third-party claims depend on showing that another party's negligence—or legal violation—caused the injury.

To build a strong case, attorneys typically gather:

• Accident reports from OSHA or the NYC Department of Buildings
• Witness statements and site photos
• Surveillance footage (if available)
• Expert testimony from safety inspectors or engineers
• Medical documentation detailing the injury's impact

Because multiple contractors and subcontractors often work on a single site, determining who was responsible requires thorough investigation and legal expertise.

Challenges in Pursuing a Third-Party Lawsuit

Third-party lawsuits can be complex, particularly on large commercial construction projects. Here are some common challenges injured workers may face:

• Unclear site responsibility due to overlapping duties of contractors and subcontractors
• Difficulty identifying the liable party when ownership or contracts are layered
• Pressure to accept a workers' comp settlement without exploring other legal options
• Strict deadlines: In New York, personal injury claims generally must be filed within three years of the accident

Involving a qualified personal injury attorney early can help preserve evidence, identify liable parties, and prevent procedural missteps.

How a Third-Party Lawsuit Affects Workers' Compensation

It's important to note that if an injured worker receives both workers' comp and compensation from a third-party lawsuit, there may be subrogation rights—meaning the workers' comp insurer could claim a portion of the third-party recovery to reimburse what it already paid.

However, this doesn't negate the value of filing a lawsuit. In many cases, the third-party compensation far exceeds the limited benefits of workers' comp, especially when permanent injuries or long-term losses are involved.

Recent Example: Scaffold Fall Case

In a well-known New York case, a construction worker fell from a scaffold due to a missing guardrail. Although he was employed by a subcontractor, the general contractor and property owner were held liable under Labor Law 240. The worker received workers' comp benefits but also won a $3 million third-party settlement that accounted for his ongoing disability and lost earning potential.

This kind of outcome is not uncommon when personal injury lawyers effectively use New York's labor laws to hold negligent parties accountable.

Conclusion

Construction sites carry inherent risks, but many accidents are the result of preventable negligence by third parties. In New York, injured construction workers are not limited to workers' compensation—they may have the right to pursue additional compensation through a third-party lawsuit.

With the protection of state-specific labor laws and the potential to recover for pain, suffering, and future income loss, third-party claims can be a vital lifeline for seriously injured workers. If you or a loved one has been hurt on a construction site, consulting a knowledgeable attorney can help determine your full legal options and ensure that no source of recovery is left on the table.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.