After a construction accident, most workers do the same thing. They report the injury, seek medical care, and file for workers’ compensation.
Many also assume that workers’ compensation is the only financial help available.
In many cases, that is not true.
Construction sites are different from most workplaces. Multiple companies often work on the same project, and more than one party may be responsible when an accident happens. Depending on the circumstances, you may have the right to pursue a third-party personal injury claim in addition to receiving workers’ compensation benefits.
Understanding the difference could have a significant impact on your financial recovery.
What Does Workers’ Compensation Cover?
Workers’ compensation provides important benefits to employees who are injured on the job, regardless of who caused the accident.
These benefits may include:
- Medical treatment
- Partial wage replacement
- Disability benefits
- Vocational rehabilitation in some situations
Workers’ compensation helps injured employees recover without having to prove fault. However, there are limits to what it covers.
For example, workers’ compensation generally does not provide compensation for pain and suffering or the full financial impact an injury may have on your future.
Why Construction Accidents Are Different
Unlike many workplaces, construction sites often involve several companies working together.
A single project may include:
- A property owner
- A general contractor
- Multiple subcontractors
- Equipment rental companies
- Material suppliers
- Delivery companies
When an accident occurs, it is not always the injured worker’s employer who may be responsible.
That is why construction accident investigations are often more complex than other workplace injury cases.
What Is a Third-Party Claim?
A third-party claim is a personal injury claim filed against someone other than your employer.
Depending on how the accident occurred, responsible parties may include:
- Property owners
- General contractors
- Subcontractors
- Equipment manufacturers
- Delivery companies
- Companies responsible for maintaining equipment
These claims may allow injured workers to recover compensation that workers’ compensation does not provide.
When Might a Third-Party Claim Be Possible?
Every construction accident is different, but third-party claims may arise when injuries involve:
- Defective construction equipment
- Unsafe scaffolding
- Falling tools or building materials
- Unsafe work performed by another contractor
- Dangerous property conditions
- Poorly maintained machinery
The key is determining why the accident happened and who had control over the unsafe condition.
How a Construction Accident Lawyer Can Help
An experienced construction accident lawyer can do more than file paperwork.
They can:
- Investigate how the accident happened
- Identify every potentially responsible party
- Preserve important evidence
- Review contracts and job site records
- Handle insurance companies on your behalf
- Explain whether a third-party claim may be available
Having a complete understanding of your legal options can help you make informed decisions about your future.
Contact a New York Construction Accident Lawyer
If you were injured on a construction site, Segan, Nemerov, Singer & Sonin P.C. can review your case, determine whether parties other than your employer may be responsible, and explain your legal options.
Reach out today to discuss your case with an experienced attorney.