Construction employees can work for a variety of employers throughout the course of their careers. Some may work multiple part-time jobs, while others work for a single employer but are occasionally sent out to help another company perform work. In order to ensure workers have fast access to workers’ compensation benefits after a construction injury, New York State relies on the “special employment” rule for borrowed workers.
The “special employment” doctrine, sometimes called the “borrowed servant” doctrine, says that if you are employed by Company X, but are lent to Company Y and suffer an injury due to Company Y’s negligence, you can’t sue Company Y as long as Company X has provided you with your workers’ compensation benefits. However, there may be situations where you could have a valid claim against Company Y.
When an Alternate Employer May Be Liable for a NY Construction Injury
While any third-party company could share liability for worksite injuries, you will need to determine whether the state’s “special employment” doctrine applies. In general, if the third-party company had the same degree of control over your work as your employer, you will likely be considered a “borrowed servant.”
On the other hand, you may have a claim if your injury was caused by:
- A negligent temp agency. There could be many different negligent parties working on a construction site at once, including temporary workers employed by a hiring agency. These staffing companies could be liable for inadequate training or failing to perform background checks on their temp workers.
- A negligent coworker’s employer. If you were injured on Company Y’s worksite by a worker who was sent by a different employer (Company Z), liability could fall on Company Z if they did not have proper indemnity in their contract with Company Y.
- A negligent subcontractor or construction agency. In order to hold a third party legally responsible in an injury claim, you will still have to show that the negligent person owed you a duty of care, failed to provide an adequate level of care, and that their breach of this duty directly caused your injury.
Contact Experienced NYC Construction Attorneys
Our New York construction injury lawyers can calculate the full 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.
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