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Filing Third Party Claims in Construction Accident Lawsuits

NY Construction Injury Attorneys

Some construction workers who are hurt on the job in NY may be eligible to pursue monetary damages for their injuries and losses above and beyond what they receive from workers’ compensation.

While the workers’ comp insurance system typically prevents you from suing your direct employer for an on-the-job personal injury, it does not prohibit bringing a claim against at-fault third parties, such as property owners, vendors working on the site, or equipment manufacturers

Rheingold Giuffra Ruffo & Plotkin have extensive knowledge of construction site operations and the resources to extensively investigate these incidents and identify all parties whose negligence contributed to our clients’ injuries. Workers’ comp benefits are often not adequate to cover the full cost, both now and in the future, of a serious and life-changing construction site injury.

Call today for a free consultation to explore all your legal options.

We’re ready to help you explore your legal options. Call us at (212) 684-1880 today.

Who are the potentially liable third parties in a NYC construction site accident lawsuit?

Third parties that may be subject to a personal injury claim because of their negligence on a construction site include:

  • Subcontractors and material delivery companies other than an injured party’s direct employer
  • Site owners that failed to take adequate safety precautions for workers and visitors to the construction site
  • Engineers and architects who developed inherently dangerous structures and site plans
  • Construction equipment manufacturers and suppliers that provided unsafe or poorly maintained tools to workers at the construction site
  • Suppliers who erected scaffolds without proper supports
  • Drivers and construction machinery operators whose negligence causes injuries, and their employers if the drivers or operators have a history of negligence that their employers ignored

Injured construction site workers in New York should always consult with an NYC construction accident lawyer to determine whether they can file a third-party lawsuit to recover compensation in addition to what they receive through workers’ compensation insurance.


How does comparative negligence affect a third-party construction accident lawsuit in New York?

New York State follows a pure comparative negligence rule in personal injury lawsuits, which means that an injured accident victim can recover damages from a negligent party even if the victim was partially at fault for the accident.

The injured party’s damages will be reduced in proportion to his or her relative contribution to the cause of the accident, but as long as another negligent party was at least 1% at fault, the accident victim is entitled to a damages award.

An extension of this rule is that where the aggregate negligence of multiple third parties caused an accident, all of those parties may bear some liability for an injured party’s losses in proportion to their relative negligence.

The apportionment of liability among several third parties requires the expertise of a seasoned construction accident attorney who can manage simultaneous damages claims. Injured construction accident victims should verify that their lawyers have the skills and experience to handle this level of complexity.


What compensation can an injured worker recover in a third-party construction accident lawsuit?

An injured construction worker can file a workers’ compensation claim through his or her own employer’s insurance to recover medical expenses and a portion of lost wages.

With a third-party construction accident lawsuit, that worker might recover:

  • The balance of lost wages and payments for diminished future earnings
  • Damages for pain and suffering, loss of enjoyment of life, and mental anguish
  • The costs of ongoing and anticipated future medical services, supplies, and equipment, and associated therapy
  • Other out-of-pocket expenses, such as costs to adapt living quarters to accommodate reduced mobility from injuries.


Contact Rheingold Giuffra Ruffo Plotkin & Hellman to file a third-party construction accident lawsuit

Under the New York statute of limitations, an injured construction worker must typically file his or her lawsuit within three years of the date when the injury was sustained. The process and deadlines for filing a personal injury lawsuit are different than they are for submitting a workers’ compensation claim.

The deadline to file a lawsuit may be significantly shorter if the target of the claim is a government entity.

CallRheingold Giuffra Ruffo Plotkin & Hellman as soon as possible after your accident to discuss the full range of your legal options. As part of your free consultation, we will thoroughly analyze the circumstances of your case and identify all of the parties that may be liable for your damages. You will pay nothing upfront for our services, as we will earn our fees as part of any settlement or jury award that we recover for you.

Call us at (212) 684-1880 today.