Why Workers' Compensation Isn't Always Enough

In New York, injured construction workers are generally covered by workers' compensation, which pays for medical care and partial wage replacement. However, this system does not allow lawsuits against employers for negligence, even in serious injury cases.

The trade-off is speed and guaranteed benefits—but compensation is often limited. Workers' comp does not cover pain and suffering, emotional distress, or full wage loss in many cases. That's where third-party claims come in.

What Qualifies as a Third-Party Lawsuit?

A third-party lawsuit targets a person or entity other than your direct employer or coworker. These cases are based on negligence or wrongdoing that contributed to your injury. Common third-party defendants include:

• Property owners who failed to maintain a safe environment
• General contractors (if they're not your employer)
• Equipment manufacturers of defective tools or machinery
• Subcontractors from other companies working on the same site
• Engineers or architects who created dangerous plans or oversights

If the injury was caused by someone outside your employer's control, a third-party lawsuit may be possible alongside your workers' comp claim.

New York Labor Laws That Help Workers Sue

New York's Labor Law offers some of the strongest legal protections for construction workers in the country. Three statutes in particular support third-party claims:

• Labor Law § 200: Requires that workplaces be reasonably safe and properly maintained.
• Labor Law § 240 (The Scaffold Law): Makes owners and contractors liable for falls from heights if proper safety devices weren't provided.
• Labor Law § 241(6): Requires adherence to specific safety codes during construction, excavation, or demolition work.

Under these laws, even if a worker was partially at fault, the property owner or contractor may still be held fully liable.

How Third-Party Lawsuits Differ from Workers' Comp

While workers' comp is a no-fault system, third-party lawsuits are fault-based. That means:

• You must prove negligence
• Discovery, depositions, and a potential trial are involved
• Compensation can include pain and suffering, loss of consortium, future earning capacity, and emotional distress

This makes third-party cases more complex—but potentially far more valuable than a workers' comp claim alone.

Examples of Viable Third-Party Cases

To clarify how these claims work in practice, consider the following scenarios:

• Faulty Ladder: A worker falls from a defective ladder manufactured by a third-party company. A product liability claim could be filed against the manufacturer.
• Negligent Subcontractor: A subcontractor from another firm spills oil, causing a worker from a different company to slip and fall.
• Architectural Negligence: An engineer's flawed design leads to a structural collapse that injures workers on-site.

In each of these examples, a separate party contributed to the injury in a way that goes beyond employer fault.

Statute of Limitations for Third-Party Claims in New York

Unlike workers' comp, which requires quick reporting, third-party lawsuits follow New York's civil statute of limitations. You generally have:

• Three years from the date of the accident to file a personal injury claim
• Two years for wrongful death if the injury led to death

Even though the deadline is longer than workers' comp reporting rules, evidence disappears quickly on construction sites. It's wise to act fast.

Can You Receive Both Workers' Comp and Third-Party Damages?

Yes—but there's a catch. If you win a third-party lawsuit and receive compensation, the workers' comp insurer may assert a lien on your recovery. This means they can demand reimbursement for the benefits they already paid you.

However, a skilled attorney may be able to negotiate this lien down or structure your settlement to minimize the repayment.

Why Legal Representation Matters in These Claims

Third-party lawsuits require a different skill set than workers' comp cases. While workers' comp attorneys focus on administrative filings and medical records, personal injury lawyers build fault-based claims through:

• Accident reconstruction
• Expert testimony
• Witness interviews
• Site safety evaluations

An experienced attorney can coordinate both claims to ensure you receive the maximum compensation available.

Common Challenges with Third-Party Lawsuits

These lawsuits often involve complex disputes between multiple parties. Some common hurdles include:

• Multiple contractors denying responsibility
• Missing or altered site records
• Insurance companies pushing back against large damage awards
• Evidence preservation issues—especially if no photographs or documentation were taken at the time

Prompt legal action and documentation are essential to preserve your right to recover compensation.

Conclusion

If you've been injured in a construction accident in New York, you may have more than one path to recovery. While workers' compensation can cover basic needs, a third-party lawsuit offers the chance to seek full justice and long-term financial support. Knowing when and how to pursue these claims can make a major difference in your recovery—physically and financially.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York construction accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.