Who pays for the costs of a construction site fall injury?

After an injury on the job, construction employees should be covered by an employer’s workers’ compensation insurance. However, there are cases where workers’ comp may not cover the full costs of an injury. When this happens, employees should speak to an attorney about filing a third-party claim to recoup the full amount of their lost income, medical bills, and permanent disability.

Compensation Options After a Construction Site Fall

Falls are the biggest cause of injury and death on New York City construction sites. In fact, falls cause so many injuries that the state has enacted several laws to protect construction workers and give them grounds to take action when a preventable accident occurs.

After a fall, a construction worker may be able to file an injury claim against:

• A general contractor. Section 200 of the state labor law allows employees to hold contractors responsible for safety defects that cause injury. This can include failing to secure proper protective equipment, modifying equipment (such as removing railings), or failing to arrange the worksite in a way that reduces the likelihood of falls.
• A product manufacturer. Workers who are injured by defective equipment (such as poorly-assembled ladders or faulty harnesses) may sue the manufacturer directly.
• The property owner. New York’s “Scaffold Law” allows injured workers to sue a property owner if a fall resulted from improper precautions during work at height.
• An employer. If the employer failed to secure proper workers’ compensation insurance, the employee can file a lawsuit directly against the employer for the costs of an injury.