Was a third party responsible for your construction injury?

Nearly all New York employers must have worker’s compensation coverage for their employers. WC is especially important for construction workers, who have some of the most dangerous jobs in the U.S.

Injured employees may be able to receive both compensation for medical treatment and a portion of lost wages by filing a WC insurance claim. However, if a third party caused or contributed to the injury, a worker may also be able to file a personal lawsuit.

What is a third-party injury claim?

Construction work typically involves cooperation between several different organizations on the same job site. Employees from another company, equipment suppliers and delivery drivers are all examples of third parties whose negligent actions could lead to worker injury. Situations where a third party could be responsible for an accident include:

• Machinery and tool providers who supply faulty equipment
• Subcontractors who do not follow safety procedures
• Inspection or maintenance workers who overlook clear hazards
• Property owners who fail to maintain a safe work site

Employees who transport supplies or equipment may also experience a motor vehicle accident due to a third-party driver’s negligence.

Why file a third-party claim?

Workers’ compensation benefits are crucial for injured construction workers. However, construction injuries are often severe. Workers’ comp coverage alone might not be enough to fully compensate for the physical, financial and emotional damage to a worker’s life. That is especially true if the injury causes permanent disability that prevents a return to work.

By filing a third-party claim in addition to filing for WC, injured construction employees may be able to receive the full amount needed both during and after recovery.