If you have been injured while performing construction work, you may soon find that your workers' compensation benefits are falling far short of your actual losses. While workers are usually prohibited from suing their employers, this rule does not apply to third-parties, such as property owners and contractors. It is always worth investigating whether a third-party's negligence could have caused your injury.
When Can You File a Third-Party Claim Against a Subcontractor?
Subcontractors can be held liable for accidents if they encourage unsafe behavior (such as removing guards from dangerous equipment) or allow an unsafe condition to exist on the worksite. If subcontractors are found to be negligent, they can be held liable for a worker's medical expenses, lost wages, lost future income, and pain and suffering.
Subcontractors could be held responsible for accidents involving:
- Code violations. The majority of construction accidents are due to a failure to follow proper safety procedures. Our construction accident attorneys can determine whether your injury may have been caused by violations of the New York State Industrial Code, OSHA regulations, and other applicable safety standards.
- Violations of NY Labor Laws. New York City construction workers' right to a safe workplace is specifically outlined in state law. We can investigate whether the subcontractor's failure to follow the conditions set forth in Labor Law 200, Labor Law 240, or Labor Law 241 resulted in your injury.
- Worksite hazards. General contractors and subcontractors have a duty to ensure that all work areas are properly arranged in a way that makes injuries less likely. This includes proper housekeeping procedures and storage of flammable or caustic materials. A third party may be liable if you were not given reasonably safe conditions in which to perform your work.
If you've been hurt on a New York construction site, you should not have to pay for your own medical care and suffer because you are unable to work. Our construction injury attorneys will work to get you the compensation you are owed, and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a lawyer at Hofmann & Schweitzer today, or read through our FREE brochure, Hurt in a Construction Accident? You're Not Alone.