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Construction sites are among the most hazardous workplaces in the country, and New York City is no exception. When a worker is seriously hurt on a job site, the first question that often follows is a practical one: can you actually sue the people responsible? At Hill & Moin LLP, we have spent more than 45 years helping injured workers across Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and beyond understand their rights and pursue every avenue of compensation available to them. The answer to that question is often yes, and the path to recovery can be more powerful than many workers realize.

New York law draws a sharp distinction between workers’ compensation, which provides limited benefits regardless of fault, and third-party personal injury lawsuits, which can deliver far greater recovery when negligence by a contractor, property owner, or another party caused your injuries. Understanding which legal options apply to your situation is not always straightforward, but it matters enormously for your future.

Workers’ Compensation vs. a Third-Party Lawsuit

Most injured construction workers in New York are entitled to workers’ compensation benefits through their employer’s insurance carrier. Workers’ comp covers a portion of lost wages and medical expenses, and it does not require proving that anyone was at fault. However, it comes with a significant limitation: you generally cannot sue your direct employer in a personal injury lawsuit in exchange for those benefits.

That is where third-party claims become essential. If your injury was caused, in whole or in part, by the negligence of someone other than your direct employer, such as a general contractor, a subcontractor, a property owner, an equipment manufacturer, or another trade working on the same site, you may be able to bring a civil lawsuit against that party. These lawsuits are not barred by workers’ compensation and can result in compensation for pain and suffering, full lost wages, and other damages that workers’ comp simply does not cover.

New York Labor Law: Powerful Protections for Construction Workers

New York has some of the strongest statutory protections for construction workers in the country. Three provisions in particular create meaningful legal leverage for injured workers pursuing claims against property owners and contractors.

• Labor Law Section 240(1) (the Scaffold Law): This law imposes strict, absolute liability on property owners and general contractors when a worker is injured by a gravity-related hazard, including falls from scaffolding, ladders, roofs, and elevated platforms. Fault is largely irrelevant; if the protection against elevation-related risks was inadequate, liability attaches.
• Labor Law Section 241(6): This section requires that construction, excavation, and demolition work be conducted in a manner that provides reasonable and adequate protection for workers. A violation of a specific industrial code regulation under this section can support a personal injury claim even if the defendant was not directly negligent.
• Labor Law Section 200: This is a codification of the general duty to maintain a reasonably safe worksite. It applies when a property owner or general contractor has supervisory control over the work or the dangerous condition that caused the injury.

Who May Be Liable for Your Construction Injuries?

Liability on a construction site is rarely simple. Multiple parties often share responsibility for maintaining a safe work environment, and identifying the right defendants is one of the most important steps in building a strong case. Our attorneys look carefully at the full chain of responsibility before filing any claim.

• Property Owners: Under Sections 240(1) and 241(6), New York holds property owners liable even when they have hired a general contractor to oversee the work. Owners cannot simply delegate their obligations away.
• General Contractors: A general contractor who oversees job site operations carries broad responsibility for safety conditions throughout the project.
• Subcontractors: When a subcontractor’s negligent work or unsafe practices injure a worker employed by a different trade, a third-party claim may lie against that subcontractor.
• Equipment Manufacturers: Defective tools, machinery, scaffolding, or safety equipment can support a products liability claim against the manufacturer or distributor regardless of how the site was managed.
• Engineers and Architects: Design professionals who exercise supervisory authority over construction methods may also face liability when their decisions contribute to unsafe conditions.

Common Construction Accidents and Injuries in New York City

The construction sites that dot Manhattan, the outer boroughs, and surrounding areas present a wide range of hazards. The injuries that result from these accidents are often catastrophic, permanently altering the lives of workers and their families.

Falls from scaffolding, ladders, and unprotected openings remain the leading cause of fatal construction injuries in New York. Scaffold collapse, scaffold defects, and inadequate fall protection are all scenarios that New York Labor Law Section 240(1) was specifically designed to address. Beyond falls, workers are routinely injured by falling objects, electrocution, trench collapses, crane accidents, heavy equipment and machinery accidents, and exposure to toxic substances.

The resulting injuries frequently include traumatic brain injuries, spinal cord damage, fractures, crush injuries, amputations, and severe burns. These are not temporary setbacks; they are life-changing events that demand serious legal representation and full compensation, not just a workers’ compensation check.

Evidence That Can Make or Break Your Case

Proving liability in a New York construction accident case requires solid evidence gathered as early as possible. Construction sites change rapidly; debris gets cleared, equipment gets moved, and witnesses scatter. What is available to your legal team in the days immediately following an accident may be unavailable a few weeks later.

Key categories of evidence in these cases typically include photographs and video of the accident scene, safety inspection reports and OSHA records, contracts between property owners and contractors, equipment maintenance and calibration records, eyewitness accounts from co-workers and supervisors, expert testimony about industry safety standards, and medical records documenting the full scope of your injuries. Our legal team knows how to move quickly to preserve this evidence and retain the right experts to analyze it. An injured worker acting without counsel is at a serious disadvantage when the opposing parties have their own investigators on the scene within hours.

Mistakes That Can Hurt Your Construction Injury Claim

Even workers with strong cases sometimes make missteps in the aftermath of an accident that weaken their legal position. Being aware of the most common ones can protect your ability to recover full compensation.

• Delaying Medical Treatment: A gap between the accident and your first medical visit can be used by defense attorneys to argue that your injuries were not caused by the accident or are not as serious as claimed.
• Giving Recorded Statements: Insurance adjusters may contact you quickly after a job site injury. Giving a recorded statement before speaking with an attorney can seriously harm your claim.
• Missing the Statute of Limitations: In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. Claims against government entities, however, require a Notice of Claim filed within 90 days and carry a shorter lawsuit deadline of one year and 90 days. Missing these deadlines can permanently bar your case.
• Accepting an Early Settlement: A quick offer from an insurance carrier may seem appealing after an injury, but it is almost never close to full value. Once you accept and sign a release, your right to pursue additional compensation is extinguished.
• Assuming Workers’ Comp Is Your Only Option: As discussed above, third-party claims frequently exist alongside workers’ compensation claims and can deliver substantially greater recovery. Assuming you have no lawsuit options without consulting an attorney is a costly mistake.

What Compensation May Be Available in a Construction Injury Lawsuit?

Unlike workers’ compensation, a successful third-party personal injury lawsuit can pursue compensation across a much broader range of categories. The specific damages available depend on the facts of each case, but they typically include past and future medical expenses, including surgery, rehabilitation, and ongoing care; full lost wages and diminished earning capacity, not just the partial reimbursement offered by workers’ comp; pain and suffering, which can represent a substantial portion of recovery in serious injury cases; and loss of enjoyment of life, which accounts for the activities and quality of life the worker can no longer experience because of the injury.

In cases involving egregious conduct, punitive damages may also be available, though they are less common in construction accident litigation than in some other areas of personal injury law. If a worker dies as a result of the injury, family members may have a wrongful death claim with its own categories of recoverable damages, including funeral expenses, loss of financial support, and loss of parental guidance.

Contact Hill & Moin LLP After a Construction Injury in NYC

If you or someone you love has been seriously injured on a New York City construction site, the decisions you make in the weeks following the accident can have a lasting impact on the compensation you ultimately recover. Hill & Moin LLP has been representing injured workers and their families for more than 45 years, and our attorneys understand how to identify every viable legal claim, build the evidence necessary to support it, and fight for the full recovery our clients deserve. We handle construction accidents, scaffolding accidents, ladder falls, heavy equipment injuries, and related serious injury matters throughout all five boroughs and the surrounding New York area.

We offer a free consultation so you can learn your rights without any obligation. Call Hill & Moin LLP today at (212) 668-6000 or reach out online to speak with a member of our legal team. Do not wait to get the legal guidance you need; deadlines in New York construction injury cases can arrive sooner than you expect, and the sooner our attorneys can begin protecting your interests, the stronger your case will be.

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After a serious workplace injury, most people assume they must choose between filing for workers’ compensation or pursuing a personal injury lawsuit. That assumption is understandable, but in many New York cases it is simply wrong. At Hill & Moin LLP, we regularly help injured workers in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and across the greater New York area understand that these two legal avenues are not always mutually exclusive, and that pursuing only one of them may mean leaving significant compensation on the table.

New York law creates a framework where workers’ compensation handles certain claims through an administrative process, while the civil court system remains open for lawsuits against parties outside the direct employment relationship. Knowing how these two systems interact, and when both apply to your situation, can make an enormous difference in your financial recovery and long-term wellbeing.

How Workers’ Compensation Works in New York

Workers’ compensation is a no-fault insurance program that New York requires virtually all employers to carry. When you are injured at work, you are generally entitled to benefits that cover a portion of your lost wages, your medical treatment costs, and in some cases a disability award if your injury leaves you with lasting impairment. The phrase ‘no-fault’ is important here: you do not need to prove that your employer did anything wrong to collect these benefits.

The trade-off, however, is significant. By accepting workers’ compensation, you give up the right to sue your direct employer in civil court. This is sometimes called the workers’ compensation bar. The benefits themselves are also limited: lost wage replacement is typically capped at two-thirds of your average weekly wage, and the system provides nothing for pain and suffering, which is often the largest component of a serious injury claim. For many injured workers, particularly those with permanent or catastrophic injuries, workers’ comp alone falls far short of full recovery.

What Is a Third-Party Lawsuit and When Does It Apply?

A third-party lawsuit is a personal injury claim brought against someone other than your direct employer. The workers’ compensation bar does not apply to these parties, which means you can pursue civil litigation against them while simultaneously receiving workers’ compensation benefits from your employer’s insurer.

Third-party claims arise in many workplace injury scenarios. Consider a few common examples: a delivery driver injured in a collision caused by another motorist; a construction worker hurt because a subcontractor on the same job site left exposed hazards; a factory employee injured by a defective piece of machinery manufactured by a third party; or a worker who slips and falls on a property that their employer does not own or control. In each of these cases, a party separate from the direct employer may bear responsibility under New York negligence law.

This dual-track approach is one of the most powerful tools available to seriously injured workers. A third-party lawsuit can recover damages that workers’ compensation simply does not provide, including full lost earnings, pain and suffering, loss of enjoyment of life, and compensation for the burden placed on family members.

Common Scenarios Where Both Claims Are Available

The situations where workers’ comp and a personal injury lawsuit can be pursued simultaneously are more common than many injured workers realize. Some of the most frequent examples include:

• Construction Site Accidents: New York Labor Law Sections 240(1) and 241(6) impose liability on property owners and general contractors for gravity-related injuries and unsafe working conditions, regardless of who directly employs the injured worker. A construction laborer can collect workers’ comp from their employer while suing the site owner or GC.
• Motor Vehicle Accidents During Work: Workers injured in car, truck, or taxi accidents while on the job can file workers’ comp and also pursue an auto accident lawsuit against the at-fault driver.
• Defective Equipment or Machinery: When a tool, machine, or piece of safety equipment fails due to a manufacturing or design defect, a products liability claim against the manufacturer or distributor can proceed alongside a workers’ comp claim.
• Premises Liability at Third-Party Locations: If your job requires you to work at a location your employer does not own, such as a client site, a vendor’s facility, or a public space, the property owner may be liable for dangerous conditions that caused your injury.
• Negligent Co-Workers from a Different Employer: On multi-employer job sites, negligent conduct by workers employed by a different company can support a third-party claim against that company, even when everyone is working toward the same project.

How the Two Systems Interact: The Lien Issue

Filing both a workers’ compensation claim and a third-party lawsuit is permitted, but the two systems do interact in a way that injured workers need to understand. When you receive workers’ compensation benefits and later recover money through a personal injury lawsuit, New York law gives the workers’ compensation carrier a lien against that lawsuit recovery. In plain terms, the insurer that paid your medical bills and wage replacement while your case was pending has a right to recover some of those funds from your civil settlement or verdict.

This is not necessarily a reason to avoid the dual-track approach. The lien is calculated under a specific formula set out in New York Workers’ Compensation Law Section 29, and experienced attorneys routinely negotiate reductions that preserve a meaningful net recovery for the injured worker. The key point is that the overall compensation available through a third-party lawsuit, even after the lien is satisfied, almost always exceeds what workers’ compensation alone would provide in a serious injury case.

Managing this interaction correctly requires legal experience. Our attorneys work to maximize the net amount that actually reaches you, coordinating both claims and negotiating with carriers at the appropriate stage of the process.

Compensation Available Through a Third-Party Lawsuit

The financial gap between workers’ compensation benefits and a successful third-party recovery can be substantial. A civil lawsuit may pursue compensation across all of the following categories:

• Full Lost Wages and Earning Capacity: Unlike the two-thirds wage cap in workers’ comp, a lawsuit can recover your actual lost earnings, both past and projected into the future if your injury affects your ability to work.
• Pain and Suffering: Workers’ compensation provides no recovery for physical pain, emotional distress, or the psychological toll of living with a serious injury. A personal injury lawsuit does.
• Loss of Enjoyment of Life: Compensation for activities, relationships, and quality of life that the injury has permanently diminished.
• Future Medical Expenses: Projected costs of ongoing care, surgery, rehabilitation, assistive devices, and home health services.
• Wrongful Death Damages: If a workplace injury proves fatal, surviving family members may have a wrongful death claim covering funeral expenses, loss of financial support, and loss of parental guidance and companionship.

Deadlines You Cannot Afford to Miss

Both the workers’ compensation system and the civil court system operate under strict time limits, and failing to meet them can permanently end your right to recover. For workers’ compensation in New York, you must notify your employer of the injury within 30 days and file a claim with the Workers’ Compensation Board within two years of the date of injury. These are hard deadlines; delay in reporting can jeopardize your claim.

For a third-party personal injury lawsuit, New York’s statute of limitations is generally three years from the date of the accident. There is an important exception, however: if the negligent third party is a government entity, such as a city agency, a public authority, or a government-owned property, you must file a Notice of Claim within 90 days of the injury and commence your lawsuit within one year and 90 days. Missing the Notice of Claim deadline against a government defendant is typically fatal to the case, with very limited exceptions.

These overlapping deadlines are one of the strongest reasons to consult with an attorney as soon as possible after a workplace injury. Acting early also preserves evidence, protects witness recollections, and gives your legal team the time they need to evaluate every available claim.

Mistakes That Can Affect Both Claims

Running two legal tracks simultaneously creates complexity, and the wrong move in one system can ripple into the other. Several mistakes come up repeatedly in cases where workers try to manage these matters on their own.

• Failing to Report the Injury Promptly: Late reporting to your employer jeopardizes your workers’ comp benefits and weakens the narrative of causation in your civil lawsuit.
• Giving Statements to the Third Party’s Insurer: Adjusters for the responsible party’s insurance carrier are not on your side. Recorded statements made without legal counsel can be used to minimize or deny your civil claim.
• Settling Too Early: Accepting a quick workers’ comp settlement or an early offer from a third-party insurer before understanding the full extent of your injuries can permanently undercut your recovery.
• Not Identifying All Third Parties: In complex workplace accidents, multiple parties may share liability. Overlooking one of them, whether a property owner, equipment manufacturer, or another contractor, can mean leaving a significant claim unfiled.

Talk to Hill & Moin LLP About Filing Both a Workers’ Comp Claim and a Lawsuit

If you have been seriously injured at work in New York City or the surrounding area, you owe it to yourself and your family to understand every legal option available to you before making any decisions. Hill & Moin LLP has more than 45 years of experience helping injured workers pursue both workers’ compensation claims and third-party personal injury lawsuits when the facts support it. Our attorneys handle the full range of workplace and construction accident matters throughout Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and beyond, and we know how to build the strongest possible case across both systems.

We offer a free consultation so you can speak with our legal team and understand your rights with no obligation. Call Hill & Moin LLP at (212) 668-6000 or contact us online to get started. The deadlines in these cases move quickly, and the sooner we can review your situation, the more we can do to protect your recovery.

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