Under workers' compensation laws, an injured employee gives up the right to file an injury lawsuit against a co-worker or employer. Workers' compensation was created as a no-fault system, so it guarantees benefits regardless of who caused the injury. However, New York laws do allow a co-worker or employer to be named in a work injury lawsuit if the employee suffered a particularly serious injury.
NY Employees Can Sue Employers After a Grave Construction Injury
New York workers' compensation law contains a special provision allowing employers to be sued after a work accident. An employee who has suffered a "grave injury" can file a third-party lawsuit against a contractor, construction site owner, or other party whose negligence contributed to the injury. The third-party then has the right to bring the employer into the lawsuit to share liability for the injury and damages, adding to the injured worker’s potential recovery.
An employer may be brought into a work injury lawsuit if the employee suffered one or more of the following:
- Total and permanent blindness
- Total and permanent deafness
- Loss of a nose
- Loss of an ear
- Permanent and severe facial disfigurement
- Loss of an index finger
- Loss of multiple fingers
- Loss of multiple toes
- Permanent and total loss of use (including amputation) of an arm, leg, hand or foot
- Paraplegia or quadriplegia
- Injury to the brain caused by an external physical force resulting in permanent total disability
If you were injured while working on a New York City construction site, we can help you get the workers’ compensation benefits you deserve and determine whether you may be able to file a third-party claim. Our team will examine who may be to blame for the accident, gather the medical evidence that proves the extent of your injuries, and hire medical experts to determine how your injuries may affect your financial future. Fill out our quick online contact form or call (800) 362-9329 to speak with a construction injury lawyer at Hofmann & Schweitzer today.