If you are hurt at work you are entitled to receive workers’ compensation benefits. In New York, you cannot sue your employer or co-employee. However, if your injury was caused by a party other than your employer or a co-worker, you may be able to bring a personal injury lawsuit against them. Often, in most construction accidents, the injured worker can file a workers’ compensation claim and sue the third party as well. Responsible parties for your injuries may include:

  • Property owners
  • The owner of the building or structure
  • The general or prime contractor
  • The project or construction manager
  • Other contractors and subcontractors
  • Equipment manufacturers

The benefit to a third-party lawsuit is that an injured construction worker can recover additional money beyond the limited amounts available under the workers’ compensation system. Those additional money damages may include:

  • Pain and suffering
  • Lost wages
  • Lost income
  • Loss of annuity
  • Loss of pension
  • Loss of Social Security income
  • Loss of health care benefits
  • Loss in the value of household services
  • Medical benefits