You were doing everything right. You wore safety gear, followed procedures, and worked hard. Then a scaffold gave out, or a delivery truck backed into your workspace, or a tool malfunctioned in your hand. Now you’re injured and wondering who’s responsible.
In New York and New Jersey, injured construction workers may be able to sue third parties whose negligence contributed to the accident. These cases differ from workers’ compensation claims and can lead to greater financial recovery. Our experienced New York and New Jersey construction accident lawyers will consider all possible defendants, answer your questions, and fight for the fair compensation you deserve.
What You Need to Know About Construction Accident Third-Party Liability
In many cases, construction workers can’t sue their employer directly because of workers’ compensation laws. However, construction accidents may involve more than just the employer. When someone other than your employer causes or contributes to your injury, that person or company could be held financially responsible in a third-party lawsuit.
Third parties may include:
- Property owners. Property owners who fail to maintain safe conditions or don’t warn workers of known hazards may be liable.
- General contractors or subcontractors. If another company on-site failed to provide proper safety oversight, or if their workers caused your injury, they may be sued as a third party.
- Equipment manufacturers. If a defective tool or machine caused your injury, you may have a product liability claim against the manufacturer.
- Delivery drivers or outside vendors. Negligent delivery drivers and outside vendors may be named in third-party lawsuits if you’re injured in an accident.
Situations that may justify a third-party claim include:
- A crane operator employed by a different subcontractor drops a load that crushes your leg
- A general contractor removes safety railings to speed up a job, causing you to fall
- A delivery truck strikes you while reversing on a shared construction site
- A ladder collapses because of a manufacturing defect, despite being used correctly
- A property owner fails to fix or warn about a hidden floor hazard that causes a fall
Third-party lawsuits are separate from your workers’ compensation case, and you may be able to pursue both simultaneously.
Third-Party Construction Injury Claim Compensation v. Workers’ Compensation Claims
Workers’ compensation covers medical care and partial wage replacement, but it doesn’t allow you to sue your employer for all your damages.
Third-party claims may allow you to recover:
- Broader types of damages. A third-party lawsuit can include compensation for pain and suffering, emotional distress, loss of future earnings, and reduced quality of life.
- More money. Third-party suits often result in more significant financial compensation than workers’ compensation claims alone.
If you win or settle your third-party case, the workers’ compensation insurer may require repayment for benefits they paid, but you’ll still come out ahead in many cases.
New York and New Jersey Labor Laws Support Third-Party Claims
New York Labor Law Section 240, commonly called the “Scaffold Law”, offers critical legal protections for construction workers facing height-related risks. This statute holds contractors and property owners strictly liable for injuries involving falls or other elevation-related dangers when safety equipment is missing, defective, or improperly used.
Strict liability means injured workers do not need to prove negligence to pursue a claim. If a fall occurs due to a failure in required equipment, the contractor or property owner is automatically responsible.
Other New York Safety Rule Violations
Separate from the Scaffold Law, Section 241 of the Labor Law focuses on broader safety requirements during construction, excavation, and demolition projects. It mandates that contractors and owners follow specific New York Industrial Code safety standards.
These regulations include:
- Proper trench shoring and bracing
- Safe practices for handling building materials
- Adequate lighting and ventilation
- Guards on power tools and heavy machinery
- Access to first aid kits and other protective measures
If a safety rule under the Industrial Code is violated and a worker is injured as a result, Section 241 may give that worker a strong basis for legal action.
Construction Worker Protections Under New Jersey Law
New Jersey enforces its own set of workplace safety regulations to protect construction workers from dangerous job site conditions. Employers are legally required to meet detailed safety standards that promote secure and compliant work environments.
In New Jersey, you’ll need to prove the third party’s negligence. That means showing they breached a duty of care, that the breach caused your injury, and that you suffered damages because of the breach.
Why You Need a Construction Lawyer Who Understands Third-Party Claims
Construction injury cases often involve a maze of contractors, subcontractors, insurers, and state laws. If you’re recovering from a serious injury, you shouldn’t have to sort that out alone.
A knowledgeable New York construction lawyer can:
- Investigate all potentially liable parties, not just your employer
- File and manage your workers’ compensation and third-party claims
- Preserve critical evidence from job sites and equipment
- Work with safety experts, engineers, and medical professionals
- Handle negotiations or trial, depending on what your case demands
Time matters. New York and New Jersey have strict deadlines for personal injury claims, so it is essential to act quickly.
