Many builders and constructors who are injured on the job are eligible for benefits that are provided through workers’ compensation benefits. Workers’ compensation provides employees with pre-determined and well-defined benefit payments. Therefore, if you’re injured on the job, you do not need to file a lawsuit or prove that another party was negligent to get paid workers’ compensation.
However, when the injuries you have sustained are very severe or have caused disability, then workers’ compensation may not be enough to cover all your accident-related expenses such as lost wages, medical bills, pain and suffering, and loss of consortium. Furthermore, the medical expenses for severe injuries such as traumatic brain injuries and spinal cord injuries can quickly add up, especially if you’re not earning any income and you’re recuperating.
In such cases, it is advisable to hire a lawyer who can help you and your family find additional sources of compensation apart from workers’ compensation. They can do this by establishing third-party liability for a construction accident in New York.
In a building site, third parties that can be held liable for your injuries are sub-contractors, property owners, manufacturers of defective equipment, and equipment operators.
According to the law, all property owners have the duty of providing adequate protection to everyone who is working at a building site. Sometimes this rule applies even if the property owner does not know about or has no control over the dangerous conditions in the building site. Therefore, if you have been injured while working under unsafe conditions on the site, you can sue the property owner.
Sometimes you can find several contractors working together on one construction site. If your injury was caused by another worker who works for a different contractor, you may be able to file a lawsuit against the other company. For example, if one of the workers of another contractor created a slippery hazard on the site, causing you to fall and sustain injuries, you can sue that worker.
Product manufacturers have the responsibility of providing safe and efficient tools, machinery, and materials. Therefore, if you were harmed by using defective tools and machinery, then you can file a lawsuit against the company that either manufactured, sold, or distributed the tool or machinery.
As a rule, you cannot sue your employer. They are protected from negligence lawsuits because they provide workers’ compensation insurance. However, there are exceptions to this. For instance, you can pursue a lawsuit against your employer if you can prove that the employer was grossly, willfully, and recklessly negligent. In addition to that, you can sue your employer if they do not provide workers’ comp insurance.
Moreover, you could file a suit against your employer if they physically assaulted you. Workers’ compensation does not protect employers from litigation if they assault employees.
If you want to pursue justice after getting hurt while working, you should consult an experienced attorney who can review the details of your incident and determine the legal options that are available to you.