Two Construction Workers Walking Down a New York City Sidewalk Hofmann & SchweitzerOne of the first things you should do after receiving medical attention for your injury is to file a workers’ compensation claim. This can be done either in the state where the accident occurred, or in the state where you live if you commute to work from outside New York City. However, the state in which you file a workers’ compensation claim can have a huge impact on your construction injury case, so you should not make this decision lightly.

Benefits of Filing Your Construction Injury Case in New York

As each state is allowed to create its own workers’ compensation laws, the amount and duration of workers’ compensation benefits can vary widely from state to state. If you live in one state but are injured in another, you can choose which location (called jurisdiction) to file your claim.

There are many reasons New York City construction workers should consider filing their claims in New York, including:

Right to sue employer.

In most states, workers’ compensation claimants are barred from suing an employer under the exclusive remedy doctrine. However, New York laws allow some employers to be sued in work injury lawsuits.

State labor laws.

New York State Labor Laws 240, 241, and 200 provide grounds for construction accident victims to sue the general contractor and worksite owner for injuries caused by negligence. These laws can be applied to union and non-union employees, and out-of-state employees, day laborers, and even illegal immigrants.

Third-party lawsuits.

If a worker is seriously injured to the negligence of a third party, he or she can file a construction accident lawsuit in addition to collecting workers’ compensation.

Right to file additional claims.

Employees can file for workers’ compensation in their home states and in the state where the injury occurred. However, typically one state will pay up to its benefit limits before the other will agree to make up the difference.

Have You Been Injured While Working On A Construction Site?

If you've been hurt while working at your construction job you need to speak with an experienced construction accident attorney as soon as possible. Please feel free to contact us online or call our New York City law office directly at 212.465.8840 to schedule your free consultation.

You can also read through our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.


Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.