Who is liable for injured subcontractors? The answer may not always be clear. If you are an injured construction worker employed by a general contractor and you suffered injuries and lost wages due to a construction site accident, you may have grounds for a personal injury lawsuit. Injured workers are generally entitled to compensation for job site accidents.
When you suffer a work-related injury, you may have the right to file a claim with the contractor’s workers’ comp insurance coverage provider or pursue a liability lawsuit against them. In other cases, a third party may be partially at fault for the damages you sustained.
A Bronx construction accident lawyer at Jesse Minc Personal Injury Law can help you explore your opportunities for financial recovery. Contact Jesse Minc Personal Injury Law for a free consultation today and learn more about how you can hold project owners, contractors, and other liable parties accountable.
When Subcontractors Can File a Third-Party Claim Against a Contractor
Contractors and the project owner can be held liable for construction workers, independent contractors, and injured subcontractors’ damages. However, this may not always be the case. It depends on several factors, including:
- the subcontractor’s employee status;
- whether the subcontractor sues the contractor;
- and whether the construction company has adequate insurance coverage.
If a subcontractor is considered an employee of the construction company or the general contractor on a construction site, they may be entitled to workers’ compensation benefits.
However, if a subcontractor is considered an independent contractor, they may need to file a personal injury claim to recover compensation for medical bills, medical treatment, other expenses, and non-economic damages.
Some of the most common instances in which you may have grounds for a personal injury lawsuit against a contractor or construction company include:
- Contractors encouraging unsafe behaviors
- Contractors allowing construction site conditions to remain unsafe
- Failure to provide subcontractors and construction workers with safe working conditions according to New York labor laws
- Failure to follow necessary safety precautions and procedures
- OSHA violations
- Failure to arrange construction sites appropriately
- Improperly storing materials, including caustic materials or flammable chemicals
With help from a personal injury attorney at our firm, you can fight to receive justice at every opportunity.
Who Subcontractors Can Sue for a Construction Injury in New York
The injuries subcontractors suffer can permanently alter the course of their lives. Whether they performed work on forklifts, did electrical work, or held any other construction site responsibilities, the severity of their injuries may prevent them from living life normally. Such lawsuits can be notoriously complex.
Many subcontractors are hesitant to seek medical care or demand justice because they are worried they face retaliation from their employer or the construction company’s contractor, or because they feel overwhelmed at the thought of bringing their case to court.
However, you don’t need to go through this alone. Your construction accident attorney will carefully review the circumstances of your case to figure out who is liable for your injuries. This will help determine who to sue for compensation and whether you have the right to workers’ compensation benefits.
Some of the most common parties named in subcontractor personal injury lawsuits include:
- The property owner
- The construction site general contractor
- Other contractors, subcontractors, or independent contractors
- Construction material or equipment suppliers
- Safety gear manufacturers
- Construction companies
These are just a few parties who may share fault in complex cases of this nature. The liable party should be held accountable to the fullest extent of the law.
Subcontractors are entitled to compensation whether they share liability or are considered an employee. Our team can investigate job negligence to determine what your next steps should be and how much compensation your employers or client should pay you.
Construction Workers Can Sue Third Parties for Liability
It is important to remember that it is not only contractors who are responsible for their employees. When subcontractors and other construction workers suffer injuries, third parties may also be at fault. Injury victims have the right to file third-party liability claims.
Also commonly referred to as personal injury lawsuits, equipment suppliers, designers, maintenance workers, safety inspectors, and other parties are also frequently liable for the victim’s damages. Although filing a third-party liability claim may be more complex, with additional insured parties come greater opportunities to maximize your financial compensation.
How to Maximize Your Financial Compensation
If you are unsure how to pursue the compensation you are owed, you can start by reaching out to a construction accident attorney for help. If you hope to get the most out of your claim, it’s important to be prepared to file insurance claims when necessary and sue contractors and other liable parties when appropriate.
Seek Workers’ Compensation Benefits
If you are an independent contractor or subcontractor, you may wonder whether you qualify for workers’ compensation benefits. Generally, independent contractors do not qualify for workers’ comp.
You may have a deal with the contractor to work on this specific project, but that does not make you an employee. This means the construction company or contractor is not required to pay you workers’ compensation benefits through their insurance provider.
However, many subcontractors are considered construction company employees. If you are involved in a work-related accident, you may have the right to specific workers’ compensation benefits, including:
- Disability benefits for a portion of your lost wages
- Coverage of your medical bills
- Vocational rehabilitation benefits
- Death benefits for surviving family members of deceased workers
File a Construction Accident Lawsuit
If you are a subcontractor who is not considered an employee, the construction company or contractor you work with will be under no obligation to protect you with workers’ compensation coverage. Although you cannot control your employee status, you have a chance to be made whole by filing a construction accident lawsuit.
This does not mean recovering compensation will make up for the trauma you went through. However, it does give you an opportunity to get the financial support you need to cover your expenses and get through these trying times.
If you do not have to cover the total value of your medical bills, you can avoid some of the anxiety and stress that comes with financial hardship.
Examples of potentially recoverable damages include:
- Pain and suffering
- Emotional distress
- Diminished earning capacity
- Healthcare costs
- Disfigurement and skin scarring
- Loss of consortium
- Loss of income
- Diminished quality of life
Get Help From a New York Construction Accident Lawyer Today
If you are an injured subcontractor and you have reason to believe the contractor at your construction site contributed to or caused the injuries you suffered, it is crucial that you take action against them.
Whether you file a claim for workers’ compensation benefits or pursue a third-party liability lawsuit, the legal team at Jesse Minc Personal Injury Law can help you demand justice. Fill out our online contact form or call our office to schedule your free, no-obligation consultation today.
