Construction sites are some of the most dangerous workplaces in New York. Falls, equipment failures, and other hazards are common. Even workers who follow all safety protocols can suffer serious injuries. If you’ve been injured on a construction site, you may be entitled to more than just Workers’ Compensation benefits.
At MCV Law, our attorneys are experienced in handling BOTH Workers’ Compensation claims and third-party personal injury lawsuits—especially under New York’s Labor Law. These types of cases are complex, and the right legal team can make a major difference and maximize your recovery in BOTH claims.
You Can’t Sue Your Employer, But You May Have a Third-Party Claim
One of the most common questions we hear is:
“I got hurt on a construction site—can I sue my employer?”
In most cases, the answer is no. In New York, you cannot sue your employer for negligence related to a workplace injury. Your sole remedy through your employer is typically a Workers’ Compensation claim.
However, many construction accidents involve third-party negligence. You may be able to bring a personal injury lawsuit against third-parties such as:
- The property owner
- The general contractor
- A subcontractor from another company
- A manufacturer of defective equipment
- A delivery driver or visitor to the site
New York’s Labor Laws offer specific protections to construction workers and make certain third parties strictly liable in some situations—even if they weren’t directly negligent.
Injured Due to an Elevation-Related Hazard?
If you were injured in a fall or struck by something that fell from above while on a construction site, you may have a particularly strong third-party personal injury claim.
Under New York Labor Law §240(1)—often called the “Scaffold Law”—property owners and general contractors are strictly liable for injuries caused by elevation-related hazards. This means that even if they weren’t negligent, they can still be held responsible.
For example, say you are a roofer employed by a subcontractor, and you fell off the roof due to not having the appropriate safety devices. Even though it was your employer who failed to provide the proper safety equipment and you can’t sue your employer due to Workers’ Comp laws, under New York Labor Law, the property owner and general contractor can be held strictly liable for your injuries. This law is meant to hold the top-level players accountable for hiring safety-conscious contractors.
Workers’ Comp and Personal Injury: Two Claims, One Team
A personal injury claim doesn’t replace a Workers’ Compensation claim—it’s in addition to it. That said, these claims are closely intertwined. A third-party lawsuit can affect the value of your Workers’ Comp case and vice versa., The role your Workers Comp claim plays in getting you the proper medical treatment and wage loss benefits is critical to your 3rd party personal injury claim.
That’s why it’s essential to work with a law firm that understands both claims.
At MCV Law, our Workers’ Compensation and Personal Injury teams work together to make sure you understand your options and get the full compensation you deserve. Whether it’s coordinating lien reductions or maximizing your recovery across both claims, we advocate for your best outcome from every angle.
What About Occupational Illnesses?
Construction site risks aren’t limited to accidents. Workers may also develop occupational illnesses such as:
- Asbestosis or other lung diseases
- Hearing loss
- Skin or chemical exposure conditions
These conditions fall under Occupational Disease claims in the Workers’ Comp system. MCV Law has successfully handled thousands of these cases, and our team can guide you through the medical and legal complexities involved.
Talk to an Attorney Who Understands the Full Picture
If you’ve been hurt at a construction site, don’t assume Workers’ Comp is your only option. You may be leaving substantial compensation on the table if you don’t explore whether a third-party lawsuit is also available to you.
Get the support of a legal team that handles both types of claims—and will fight to make sure no detail is overlooked.
Contact a construction accident lawyer at MCV Law today to schedule your free consultation.