You were hurt on your job at a construction site in New York, and your injuries are serious. It may be a while before you get back to work – if ever. Workers’ compensation alone isn’t covering your needs.
Are there any other options? Quite possibly. A personal injury claim can often provide compensation well beyond the limits of workers’ comp. Plus, a successful claim can compensate you for your pain and suffering (in addition to your other losses), which is something unavailable through workers’ compensation. Here are some potential avenues to consider:
You may be able to sue your employer
New York is unique in that it permits construction workers with certain serious injuries to pursue a personal injury claim against their employer if the employer was negligent. Labor Law 200 requires an employer to maintain a safe working environment and equipment. When an employer has violated that law, it opens the door for a claim outside of workers’ comp.
You may have a third-party claim against a subcontractor
Construction sites are filled with subcontractors. When a subcontractor’s negligence leads to a worker’s injuries, that worker has the option to pursue a civil claim against the subcontractor. If, for example, you fell over a subcontractor’s misplaced toolbox, that could open the door to a negligence claim.
You could have a claim against a manufacturer, leasing company or repairman
If your construction injury was caused by a piece of faulty equipment, you may have a valid claim against either the manufacturer of the equipment, the leasing company that provided it or even the repair company that was responsible for its upkeep.
When you’ve been hurt in a serious construction accident in New York, your options may not be as limited as they seem. You certainly don’t want to resign yourself to just what workers’ compensation provides without exploring more.