What Kinds of Construction Accidents Lead to Third-Party Claims?

Construction work is one of the most dangerous occupations in New York. Falls, falling objects, electrocutions, and heavy machinery accidents are only some of the hazards workers face on the job. When accidents occur, injured workers often have several potential avenues for compensation. In many instances, claims against the building owner or contractor under the state’s powerful labor laws are a primary source of recovery. However, in some cases, claims against third parties may be more appropriate, giving injured workers an opportunity to pursue full and fair compensation beyond workers’ compensation benefits.

Below, we discuss what third-party claims are and how they often arise in the construction industry. If you or a loved one were injured on a New York City construction project in Manhattan, Brooklyn, Queens, or the Bronx, contact Leandros A. Vrionedes, P.C., to review your options with an experienced and successful NYC construction accident lawyer.

Labor Law Protections: Sections 240(1), 241(6), and 200

New York has strong labor laws in place to protect construction workers and hold property owners and contractors accountable for unsafe work conditions. These claims fall under sections 240, 241, and 200 of the Labor Law.

• Labor Law §240(1), often called the “Scaffold Law,” requires building owners and general contractors to provide adequate fall protection devices such as scaffolds, ladders, harnesses, and hoists. If a worker falls from a height or is struck by a falling object due to inadequate safety measures, the owner or contractor may be strictly liable for the harm caused, regardless of whether the worker contributed to the accident.

• Labor Law §241(6) requires owners and contractors to comply with specific safety regulations set forth in the New York Industrial Code. Violations of these rules, such as failing to provide protective gear, proper shoring, or safe walkways, can form the basis of a claim.

• Labor Law §200 codifies the general duty of owners and contractors to provide a safe workplace. Unlike §240(1), liability under §200 typically depends on proving that the owner or contractor had actual or constructive notice of the dangerous condition and failed to correct it. Section 200 claims follow general principles of negligence seen in other personal injury cases, like a trip and fall on dangerous stairs or New York City sidewalks.

Together, these statutes offer strong protections for workers and often provide the best legal remedy after a construction accident. However, claims under these laws aren’t always available.

When Labor Law Claims Do Not Apply

Not every construction accident falls squarely within the scope of Labor Law §§240, 241(6), or 200. For instance:

• An accident may occur on a site or during an activity that is not covered by these statutes.
• The hazardous condition might not involve elevation-related risks or Industrial Code violations.
• The negligent party might not be the owner or general contractor but rather another subcontractor, manufacturer, or third party.

In these situations, injured workers are not left without recourse. They may still be able to bring a third-party claim in addition to collecting workers’ compensation benefits if they were a covered employee.

Third-Party Claims in New York Construction Accident Cases

A third-party claim is a lawsuit arising out of a work injury against a party other than the employer or co-worker (since those entities are generally shielded from liability by workers’ compensation laws). Third-party claims can greatly increase the amount of compensation available, as they allow recovery for damages like full wage replacement and pain and suffering, which workers’ comp does not provide. The following are examples of construction accidents where the injured worker may have a strong third-party claim.

Claims Against Subcontractors

Construction sites often involve multiple subcontractors performing different tasks. If one subcontractor creates a dangerous condition that injures a worker from another company, such as leaving tools, debris, or electrical wiring exposed, negligently erecting a scaffold or mishandling crane operations, the injured worker may bring a negligence claim against that subcontractor.

Product Liability Claims

Defective machinery, tools, or safety equipment are common contributors to construction accidents. For example, a power tool that lacks proper safety guards, or scaffolding that collapses due to a manufacturing defect, may give rise to a product liability claim against the manufacturer or distributor of the defective part.

Premises Liability Claims Against Third-Party Property Owners

If the accident occurs due to a dangerous property condition while performing work off-site, the property owner may be liable to the injured worker even if New York Labor Law does not apply. This scenario would not include dangerous conditions on the property that are included within the scope of the project. Examples could include a slippery or wet entranceway or a broken step on the way to a higher floor where the work was to be performed.

Motor Vehicle Accident Claims

Many construction workers are injured by vehicles on or near job sites. If a negligent driver causes the accident, whether it’s a delivery truck, private motorist, or even a contractor’s vehicle not covered by workers’ comp, the injured worker may bring a third-party claim against the driver or vehicle owner.

Why Third-Party Claims Matter

Workers’ compensation provides important benefits for injured workers, covering medical expenses and a portion of lost wages. But it does not compensate for pain and suffering, emotional distress, or loss of enjoyment of life. Third-party claims allow injured workers to seek these broader categories of damages, ensuring a more complete recovery.

For example, if a worker suffers a spinal cord injury in a motor vehicle accident while picking up supplies or traveling between job sites, workers’ compensation benefits may cover treatment and partial wages. But only a third-party claim against the negligent driver can provide compensation for long-term disability, diminished earning capacity, and the profound personal impact of the injury.

Protecting Your Rights After a Construction Accident in New York

Construction accident cases are often complex, involving multiple parties, overlapping contracts, numerous laws, and technical safety regulations. Proving liability requires thorough investigation, accident reconstruction, expert testimony, and careful analysis of labor law provisions.

At Leandros A. Vrionedes, P.C., we have the experience and resources to identify every possible avenue of recovery. We investigate construction accidents from all angles, determining whether claims can be made under New York’s labor laws, through workers’ compensation, and against third parties such as subcontractors, manufacturers, or negligent drivers.

If you were injured in a construction accident, do not assume workers’ compensation is your only option. Contact our office today for a free consultation and learn how we can help you pursue the maximum compensation available under the law.