Who Subcontractors Can Sue for a Construction Site Injury in New York

As a subcontractor in New York, you have rights on a construction site, including the right to seek compensation if you are injured. In New York, there are laws in place that allow injured workers, including subcontractors, to seek compensation beyond workers’ compensation benefits if they are injured due to someone else’s negligence. Who can be held liable for a construction site injury, and what can you do if you or a family member has been catastrophically injured? 

How Does Third-Party Liability Work for Construction Site Accidents in New York?

Third-party liability refers to the responsibility that parties other than the injured worker’s direct employer may bear for causing or contributing to a construction site accident. Unlike workers’ compensation, which generally covers injuries sustained due to an employer’s negligence, third-party claims allow workers to sue individuals or entities that are not their direct employers. 

In New York, third-party liability is significant because it allows injured subcontractors to pursue legal action against property owners, general contractors, and other entities that might have contributed to unsafe working conditions or accidents. These claims are often more comprehensive than workers’ compensation and can provide greater financial compensation. 

Who Subcontractors Can Sue in New York?

If you’ve been injured on a construction site while working as a subcontractor, you may have the option to sue several parties, depending on the specifics of the accident. Parties that can be found liable for your injuries include: 

• The Existing Property Owner: Property owners have a legal duty to ensure that the work environment is reasonably safe. If the property owner was aware of hazardous conditions or failed to address safety concerns, they could be held liable for your injuries. 
• The General Contractor: The general contractor of the construction site is often responsible for overall site safety. If they fail to enforce safety regulations, provide proper supervision, or maintain a safe working environment, they can be held liable. 
• Other Contractors: If other subcontractors or independent contractors were working on the site at the same time as you, and their negligence directly or indirectly caused your injury, they could also be held responsible. For example, if a subcontractor’s worksite was left in a hazardous state, leading to your injury, they might be liable. 
• Construction Material or Equipment Suppliers: Defective or unsafe materials and equipment can cause severe injuries. In these cases, you may be able to sue the supplier or manufacturer for providing faulty equipment. This can include accidents caused by defective safety gear like harnesses or gloves. 
• Construction Companies: In some cases, larger construction companies that oversee operations may be liable if their policies, practices, or lack of oversight contribute to dangerous conditions. 

How the “Reasonable Person” Standard Applies to Construction Accident Cases in New York

In personal injury cases, New York courts often use the “reasonable person” standard to determine whether a party acted negligently. This standard considers what a reasonably prudent person would do in a similar situation to prevent harm. In the context of a construction site accident, the court may examine whether the property owner, contractor, or other responsible parties took reasonable steps to maintain a safe environment. 

For example, if a general contractor failed to enforce safety regulations that any reasonable contractor would follow, they could be deemed negligent. This negligence can be the basis for your third-party construction accident lawsuit. 

Can You Sue If You’re Already Receiving Workers’ Compensation Benefits? 

Yes, you can still sue even if you are receiving workers’ compensation benefits in New York. Workers’ compensation is designed to cover medical bills, lost wages, and certain other expenses, but it does not provide compensation for pain and suffering or other damages that can be pursued in a third-party claim. Filing a third-party lawsuit allows you to seek compensation for these additional damages. 

Which Damages Can Be Recovered? 

In a third-party liability lawsuit, you can seek compensation for various damages beyond what workers’ compensation offers. These damages can include: 

• Medical Expenses: All past and future medical costs related to your injury. 
• Lost Wages: Compensation for both past and future lost earnings. 
• Pain and Suffering: Unlike workers’ compensation, which does not cover non-economic damages, a third-party lawsuit allows you to seek compensation for physical pain and emotional distress. 
• Loss of Consortium: In some cases, your spouse may be entitled to compensation for the loss of companionship and support caused by your injury. 
• Permanent Disability or Disfigurement: If your injury results in long-term disability or permanent scarring, you can recover additional compensation. 

Is There a Statute of Limitations in New York for These Types of Lawsuits? 

Yes, New York law does impose a statute of limitations on filing a third-party liability lawsuit for a construction accident. In most cases, you have three years from the date of the accident to file a personal injury claim. However, certain factors can affect this timeline. For instance, if you are filing a wrongful death claim due to a fatal accident, the statute of limitations is generally two years from the date of death. 

Failing to file within this time frame can result in the dismissal of your case, so it’s important to act quickly and consult with an experienced construction accident lawyer as soon as possible. 

Get in Touch with Morelli Law Today for a Free Case Evaluation 

If you’re a subcontractor who has been injured on a construction site, you have legal rights that extend beyond workers’ compensation, and our experienced team at Morelli Law can help secure the compensation you deserve. Property owners, general contractors, and other parties may all share responsibility for your injuries. We will help determine who is at fault and pursue them aggressively in court. Our attorneys specialize in construction accident cases and have a deep understanding of the laws that protect workers in New York. If you or a loved one has been injured, contact us today to discuss your options and get the support you need during this challenging time.