A subcontractor at a construction site is generally limited to workers’ comp claims against their employer. They may not be able to sue the direct employer. However, they can still sue third parties whose negligence contributed to a construction site accident that cause the injuries.
Subcontractors in and around NYC who suffer job site injuries should promptly contact a New York construction accident lawyer to assess their rights and ability to recover damages– in addition to their workers’ comp benefits. A New York personal injury attorney at Friedman, Levy, Goldfarb & Green, P.C. in Manhattan represents injured construction subcontractor employees throughout the greater NYC region. We understand construction site dynamics and the interaction among all the parties that are connected to those sites.
Which parties might a subcontractor sue for a construction accident?
A subcontractor employee may have a right to sue several parties–
- the owner of the property
- the general contractor
- other subcontractors
- suppliers that deliver construction materials to the site
- careless or inattentive site visitors
- manufacturers of construction equipment that prove to be unsafe or defective
No two construction site accidents are the same, and each accident’s facts will determine a subcontractor’s right to sue for damages. A construction site attorney can best analyze those facts within the first few days or weeks after the accident– before witness memories fade and records of the accident are lost or misplaced.
Can a subcontractor sue if they are already receiving workers’ comp benefits?
Workers’ comp benefits that a subcontractor receives from an employer’s insurance carrier will likely be credited against any damages that they can recover from third parties. However, those benefits will not preclude an employee from suing those parties for other negligence damages. Those might include compensation for pain and suffering and additional costs and expenses that workers’ comp does not cover.
What does a subcontractor have to prove to recover damages in a lawsuit?
A subcontractor who has been injured on the job must demonstrate that a third party’s negligence was a proximate cause of an accident that caused injuries and that they incurred losses as a result. Further the property owner and general contractor are responsible for the negligence of others.
The facts and information that an attorney might need– to show the cause of an accident– can dissipate equally quickly after an accident. An injured subcontractor who is considering filing a lawsuit should not hesitate to retain a lawyer who will work to preserve all facts and information that demonstrate causation.
What kinds of accidents are most likely to cause subcontractor injuries?
Construction site subcontractors are exposed to accident risks and injuries from:
- falling on a slippery or uneven work surface, or from scaffolds or other elevated workspaces
- being hit by tools or construction materials that are dropped from higher elevations
- electrocutions from live power sources connected to construction equipment or the construction site building or property
- crushing or being caught between a moving piece of construction equipment and a solid surface.
- exposure to toxic or poisonous chemicals or substances
An injured subcontractor might be tempted to shrug off or ignore injuries. However, slight, or seemingly insignificant pain or discomfort can worsen if ignored– and leave the subcontractor with large medical bills. Because of this, the subcontractor’s best course of action is always to pursue reimbursement for both current and prospective losses from the negligent parties.
Contact us for a free consultation
Please see our website or call our Manhattan offices of Friedman, Levy, Goldfarb & Green if you provided subcontractor services at a construction site in the greater NYC region, and were injured. We will review your case and determine your rights to sue that party and to recover the largest available damages award for your injuries.
