- October 3, 2024
- Tucker Law
- Construction Accident
Construction sites are notoriously hazardous in New York, with heavy machinery, power tools, and many other dangers being part and parcel of each workday. Injuries at worksites aren’t rare, but that doesn’t mean that they’re easy to manage if you’re the one who has suffered them. After being in an accident at a construction site, you may not know what your options are for compensation. This is where workers’ compensation, the exclusive remedy against your employer, comes in.
But what if a third party other than your employer caused your injuries? Can your contractor still be liable? Take a closer look at how third-party liability works in construction accidents in New York.
At Tucker Lawyers PC, we offer the experienced representation you need if you’ve suffered a workplace injury. Contact Tucker Lawyers PC at (516) 399-2364 to learn more about filing a work-related claim today.
Workers’ Compensation: The Exclusive Remedy Against Your Employer
Employers in New York are required to have workers’ compensation insurance that covers their employees if they suffer a work-related injury or illness. Clients often ask our workers’ compensation attorneys whether it’s possible to sue an employer, but in many cases, filing a workers’ compensation claim is the better option.
With workers’ comp, you don’t have to demonstrate that anyone was negligent. All you have to show is that you suffered a work-related injury. You can then receive medical benefits that cover the care you need, along with lost wages. Keep in mind, though, that you won’t be able to recoup all of your wages through a workers’ comp claim. New York typically pays two-thirds of your average weekly wage, multiplied by the percentage of disability you’ve experienced. Often, that’s not enough to support you while you recover.
At Tucker Lawyers PC, we offer free consultations so that you can start getting the help you deserve without delays.
Third-Party Liability: When Others Can Be Held Responsible
The Importance of Proving Negligence
If a third party was involved in the accident that led to your injuries, you have the chance to file a third-party claim. These claims are essentially personal injury claims that allow you to recover both economic and non-economic damages, including for pain and suffering. Third-party liability involves proving that there was negligence involved. That means meeting a few important elements.
For example, you have to show that the other party owed you a duty of care and that they breached it, which resulted in injuries for which you can receive compensation. Proving negligence can be tricky, and you never want to undertake the process on your own because you’ll have to gather a significant amount of evidence. If you’re struggling with injuries, you don’t want to have to worry about collecting evidence along with filling out all of the legal paperwork involved with it.
When Is Your Contractor Liable?
Often, third-party liability claims involve suing a contractor. The general contractor oversees the construction site and is responsible for the safety of the workers. But exactly when is your contractor liable in New York? General contractors can be held liable for many types of negligent conduct, including:
- Failure to provide workers with adequate safety gear
- Not ensuring fire protection and prevention measures are in place
- Failure to maintain tools and equipment
- OSHA violations
- Negligent hiring practices
- Not providing adequate training
- Failure to supervise workers.
Their duty of care is to ensure the worksite is safe for all employees. If they do anything that compromises that safety, they may be in breach of their duty and can be held liable.
Benefits of Pursuing a Third-Party Claim
Although you’ll need to demonstrate that someone was at fault for the injuries you suffered, third-party claims provide benefits. Importantly, you can recover your full lost wages, as well as receive compensation for loss of earning potential if you won’t be able to return to your job at all or in the same capacity. Workers’ compensation doesn’t offer this option.
Another benefit is that you get the chance to receive compensation for the emotional distress you’ve suffered. Injuries that keep you from working can make it impossible to live your life as you want and could impact your mental health. By claiming pain and suffering, you can get compensation for those losses.
Navigating Third-Party Claims
Third-party claims are complex and require experienced lawyers who can guide you through the process. Our team typically starts by investigating the accident and gathering evidence so that you can focus on the process of healing physically and emotionally. We can then prepare the necessary paperwork and begin one of the toughest parts of these claims: negotiating with insurance companies.
Insurance companies generally want to find a way to pay you less than you deserve. If you don’t have representation, they can try to push you to accept a low deal. You may be dealing with such stress and worry after the accident that you could accept their low offer just to receive a bit of help. With a lawyer beside you, however, you don’t have to worry about negotiating. We can do this for you using our full knowledge of New York laws to ensure you don’t miss out on what you deserve. We can even take the claim to court if we feel that you’re not being respected.
Navigating third-party lawsuits also requires that you don’t miss the statute of limitations. New York usually gives you three years from the moment you suffer the injury or from when you discover the injury. If you miss the deadline, you typically won’t be able to recover damages. By having a lawyer helping you, you can be certain you won’t miss the statute of limitations or other crucial deadlines.
Rely on Experienced New York Lawyers to Handle Your Third-Party Claim
Tucker Lawyers PC: Your Trusted Advocate
Dealing with the aftermath of a construction site accident that resulted in injuries can mean taking time to learn what your claim options are. To help make the process of seeking compensation easier, our experienced lawyers can guide you from the start of the claim. You can then focus on what’s most important — healing.
The seasoned team at Tucker Lawyers PC has a long track record of proven success and client satisfaction. Schedule a free consultation with us by calling (516) 399-2364 today.

Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]