The number of injured workers continues to rise across the country, especially in New York, where new building projects are underway each day. While some dangerous construction sites adhere to local and federal safety regulations, many workers continue to put themselves in serious danger every day.
Whether they caused the accident or not, a construction worker who sustains an injury in a construction site accident usually qualifies to seek financial compensation. This includes subcontractors who, in many cases, were not directly employed by the owner of the property site.
When seeking a reasonable settlement for your injuries and losses, consulting with an experienced construction accident lawyer is advised. The team of attorneys at Brandon J. Broderick, Attorney at Law, is prepared to defend your rights and secure compensation for any losses you suffered.
Who Is Liable When A Subcontractor is Injured
A subcontractor may suffer a major injury while working on a construction site in a number of different ways, from accidents involving heavy machinery and electrocution to contact with toxic chemicals and fall items. At New York construction sites, all of these examples constitute a significant concern for workers.
A safe atmosphere is something that construction workers are entitled to. Employees, independent contractors, and subcontractors are all entitled to this. While in the majority of work-related injuries, an employer is exempt from lawsuits brought forth by an employee under New York's workers' compensation rules. However, there are certain exceptions. In some circumstances, subcontractors who sustain injuries on a construction site may be able to file a claim against the site manager. A subcontractor may be entitled to compensation from a negligent general contractor or co-worker who caused their injury and sue to recover damages.
However, a subcontractor is generally covered under New York workers' compensation laws through their own insurance. If they do not have their own workers' comp insurance, the contracting party is required to cover them.
A contractor or construction company must perform due diligence to ensure all contracting parties have protection. They must confirm that the subcontractors have proof of financial responsibility or an insurance policy in place to pay the costs of injuries related to accidents or fatalities that take place at the construction site.
Since New York is a no-fault state, negligence has no bearing on a workers' compensation claim. It only applies when a personal injury lawsuit is filed.
Sometimes, workers' compensation isn't adequate and the injured party's medical bills are not covered in full. In this case, a subcontractor may make a third-party claim. For instance, you can file a product liability claim or a defective product claim against the manufacturer of a piece of equipment if it is established that your accident was caused by a defective machine.
In a third-party claim, a subcontractor may be entitled to financial compensation for the following:
- Medical bills that remain unpaid after workers' compensation insurance is exhausted
- Loss of income or other work benefits not covered by workers' compensation
- Pain and suffering
- Damages from permanent disability
- Disfigurement stemming from the accident.
Emotional distress or mental pain related to the accident is generally not covered by workers' comp, but can be recovered in a third-party lawsuit. An exception would be physical injury that results in a psychological condition, such as memory loss from a traumatic brain injury.
Our New York Construction Accident Lawyers Can Help You
In cases where you are unsure who is liable for your construction accident injury or if you need to file a third-party lawsuit to recover compensation, you should seek legal help. The New York construction accident lawyers at Brandon J. Broderick are here for you. We have years of experience and knowledge surrounding the laws of construction accident injuries. Our team is prepared to assist you in getting the compensation you deserve.
Give us a call today to discuss your claim or to find out more about the services we provide.