Who is Liable for Personal Injury on a Construction Site?

Determining liability in a construction site accident can be complicated, especially when more than one party may be at fault for personal injuries. Construction site accidents and injuries can also be complex when it comes to seeking compensation since many injured construction workers can be eligible to seek compensation through the New York workers’ compensation system as well as by filing a lawsuit against a liable employer or third party. How can you determine who is liable for your construction accident injuries? The best way to determine liability, and your options for seeking compensation, is to have an experienced Rochester construction accident lawyer assess your case. In the meantime, we can provide you with more information about liability and compensation on dangerous construction sites in Upstate New York.

“No Fault” Liability and Compensation through a Workers’ Compensation Claim

Technically, the New York workers’ compensation system is a no fault system that is, in most cases, an exclusive remedy. What this means is that the question of liability—and whether an employer, a co-worker, or another party is liable for harm—does not affect an injured construction worker’s ability to obtain compensation. Indeed, liability does not come into play in most cases involving workers’ compensation claims. Yet it is important to know that you do not need to prove liability in order to be eligible for these benefits.

Your Employer May Be Liable and Responsible for Damages

In considering who may be liable for injuries on a construction site, the first party who may come to mind is an employer. Although most workers in New York cannot sue employers for negligence, injured construction workers are an exception. Under New York Labor Law §§ 200, 241, and 241, if an injured construction worker can prove that an employer’s negligence caused his or her injuries, then the construction worker can seek compensation from the employer by filing a lawsuit. 

While a co-worker’s negligence also may result in construction accident injuries, it is important to know that you cannot file a lawsuit against a co-worker under New York Labor Law.

Third Party Could Be Liable for Injuries

In many cases, a third party can also be liable for injuries, and injured construction workers can file personal injury lawsuits to seek compensation. For example, the designer or manufacturer of a defective product, or the retailer of a defective construction tool, may be liable for injuries. 

Contact a Construction Accident Lawyer in Rochester

If you or somebody you love sustained injuries at a construction site, it is important to speak with one of our Rochester personal injury attorneys about seeking financial compensation. Construction accidents are a distinct type of workplace injury when it comes to New York laws in that injured workers often can file a negligence claim against an employer in addition to seeking compensation through the workers’ compensation system. Do not hesitate to learn more about how our firm can assist you with your case. Contact King Law to learn more about the personal injury services we provide to clients in Upstate New York.


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