If you are injured on a worksite you have options. Your first option is to file a worker’s compensation claim so your medical expenses and a portion of your lost earnings can be paid if you are unable to work. Another option is to bring a lawsuit against the owner or contractor or subcontractor who caused or contributed to your injuries.

In order to bring a successful lawsuit, you must demonstrate you were not provided the required protection at a construction site, and that as a result, you suffered an injury. If you demonstrate both of these things, and if the injury you sustain is elevation related (fall from a height or struck by something that fell) the owner and/or contractor are fully responsible for your injuries and damages.

No. Because of the existence of the workers compensation law in New York State, an employee can not bring a claim against his employer or any other employee even if the employer or employee caused your injuries. However, if you are injured at a construction site and bring a claim against an owner or contractor or subcontractor who caused your injuries, they could bring a claim against your employer for the role your employer played in contributing to your injuries if you sustain a “grave injury”. A grave injury is defined as: death; permanent and total loss of use or amputation of an arm, leg, hand, or foot; loss of multiple fingers; loss of multiple toes; paraplegia or quadriplegia; total and permanent blindness; total and permanent deafness; loss of nose; loss of ear; permanent and severe facial disfigurement; loss of an index finger; or an acquired injury to the brain caused by an external physical force resulting in permanent total disability.

Yes. You may be able to pursue both claims. If you have been injured because of the negligence of the owner of the building, a contractor or subcontractor at the construction site, you may be entitled to pursue a legal action in addition to your worker’s compensation claim.

If you are injured on a job site, you can bring a claim against any other party that caused or contributed to your injury including the owner of the building, or other contractors or subcontractors.

Following an accident on a construction site, a personal injury attorney will meet with you to determine what occurred and how this incident happened. The attorney will conduct an investigation, determine who caused or contributed to your injuries, and if appropriate bring a claim against any negligent parties. Once a claim is filed, lawyers for all parties will exchange discovery. Upon completing discovery, depositions of all parties will be conducted. Once depositions are completed, and all other discovery is complete, a trial date will be scheduled if the matter cannot be resolved by way of a settlement.

• What does discovery mean?

If your personal injury lawyer initiates a lawsuit on your behalf, before a trial, a “discovery” period occurs during which lawyers from each side exchange documentary evidence regarding the case. This includes medical records, incident/accident reports, photographs, witness information and insurance information. A document known as a “Bill of Particulars” provides details about how the case happened and describes the extent of your harm and injuries.

• What are depositions?

After discovery is exchanged, all parties to the case and any relevant witnesses, may be required to give testimony under oath. Depositions are usually done at one of the lawyers’ offices, before a stenographer who makes a record of everything that is said and provides a written transcript in Question and Answer form. Sometimes these depositions are recorded by video as well. There is no judge at a deposition and all lawyers are present with their clients. Your lawyer will meet with you before your testimony so you can feel well prepared before testifying. While it may seem easy to simply answer questions, it’s important to take preparation with your attorney seriously as there may be many types of questions lawyers are trained to ask that you are not used to answering.

No. In fact most cases do not go to trial and can be settled at some stage of the case prior to trial. In some instances, cases can even be settled prior to bringing a formal lawsuit.

Yes. These are the common names for the labor law statute that protects workers who are performing certain types of construction work, such as demolition, repair work or painting, and who fall from an elevated height, such as a scaffold or a ladder.

If you are involved in the erection, demolition, or repairing of a building or structure you must be provided safety equipment by all contractors and owners of the building. This protective safety equipment includes scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes or any other devices to provide proper protection for the work you are performing. The failure of the owner or contractors to provide this, or other reasonably required safety equipment depending on the job, makes them strictly liable for your injuries.

In New York if a worker is injured on the job, he/she has a right to workers compensation benefits. If, in addition to workers compensation benefits, a personal injury lawyer pursues a successful claim on behalf of the injured worker, the workers’ compensation carrier has a lien against the “third party recovery”. The repayment of this lien will come directly from the “third party recovery” and the injured worker will not have to pay anything back out of his/her own pocket.  However, any money provided and paid for by workers compensation will ultimately reduce the amount of money that the injured party will receive.

• What is a “third-party recovery”?

In the context of a worksite injury in New York, a “third-party recovery” results when a claim or lawsuit is successfully pursued against another party that is not your employer. In other words, if a personal injury lawyer sues the owner or contractor or subcontractor who caused your injuries on a worksite, the money you receive is called a “third party recovery”. If there is a worker’s compensation lien, your lawyer will repay that lien from the “third party recovery”.

Under the Labor Law, owners of one- and two-family dwellings who do not direct or control the work on the dwelling are not liable if you are injured. However, if you are injured working on such a dwelling, it is still important to contact an attorney in case there are extenuating factors in your case which may affect liability determinations.