If you have experienced a construction injury, you may be eligible for workers’ compensation benefits. In New York, most employers must carry this type of insurance, which provides payment for lost wages and income as well as other benefits.
Unfortunately, if your injury was severe, workers’ comp alone may not be enough to help you and your family during and after your recovery. However, if a third party’s negligence contributed to your injury, you may be able to receive full compensation by pursuing a personal injury claim.
What are examples of third-party construction injury claims?
You may be able to file a personal injury claim if a party other than your employer or a coworker at the same company contributed to your injury. In construction, common examples of third parties whose negligence could lead to worker injuries include:
- Other motorists who injure an employee driving for job-related purposes
- Equipment manufacturers who provide faulty equipment
- Subcontractors who fail to follow safety procedures
- General contractors who neglect job site safety concerns
- Contractors or owners who provide unsafe scaffolding
- Property owners who do not maintain safe premises
Why pursue a personal injury claim?
Workers’ compensation offers important basic benefits to help you cope with lost earnings, medical bills and, in some cases, job retraining. However, if your injury was severe, you may be facing months or years of recovery. You may not be able to return to your job, and you may have to live with a permanent disability.
If a third party contributed to your injury, filing a personal claim may help you to receive additional compensation not available under workers’ comp, including damages for both the physical and mental pain and suffering caused by another’s negligence.