Can I File a Lawsuit After a Construction Accident in Addition to a Workers’ Comp Claim?

Construction work is one of New York’s most dangerous yet vital occupations. Every day, workers face risks from scaffolding collapses, falling materials, electrical hazards, and heavy machinery. When a serious accident happens, injured workers usually turn first to workers’ compensation, a system designed to cover medical bills and a portion of lost wages, regardless of who was at fault for causing the accident.

But in many cases, workers’ compensation benefits don’t tell the whole story. They can’t fully make up for pain and suffering, long-term disability, or the loss of future earnings. Fortunately, some injured construction workers may have the right to file a separate lawsuit against negligent third parties or property owners and contractors under New York’s powerful Labor Law protections to recover additional compensation.

At Leandros A. Vrionedes, P.C., we help injured workers and their families understand all available legal options after a construction accident in New York City. If you or a loved one has been hurt while working construction in Manhattan, the Bronx, Brooklyn or Queens, contact our office to speak with an experienced and successful NYC construction accident attorney.

Workers’ Compensation in New York

New York’s workers’ compensation system provides benefits for workers injured on the job. It covers:

• Medical treatment for work-related injuries
• A percentage (two-thirds) of lost wages while you’re unable to work
• Permanent disability benefits, depending on the extent of the injury

Because workers’ compensation is a no-fault system, you don’t have to prove that your employer did anything wrong. However, the tradeoff is that you generally can’t sue your employer directly, even if their negligence caused the accident.

This limitation can leave injured workers with serious losses uncovered. Workers’ comp does not pay for the “non-economic” aspects of a personal injury, such as pain and suffering, emotional distress, or loss of quality of life. That’s where third-party and Labor Law claims come in.

When Can You File a Lawsuit in Addition to a Workers’ Comp Claim?

You may be able to file a personal injury lawsuit if someone other than your employer or a fellow employee of your company was responsible for your accident. These are called third-party claims.

Third-party claims can include, for example:

• A property owner or general contractor who failed to provide a safe worksite.
• A subcontractor from another company who caused the injury through negligent work.
• A product manufacturer that sold or distributed defective equipment or machinery.
• An architect or engineer who failed to design or inspect the job site safely.

By filing a third-party claim, you can pursue damages that go beyond workers’ comp benefits, including:

• The full amount of lost wages and future earnings
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages in some cases

These claims often work in parallel with a workers’ comp claim. You don’t have to choose one or the other. The key is identifying who is legally responsible beyond your direct employer.

New York Labor Law Protections for Construction Workers

New York has some of the strongest legal protections for construction workers in the country. Three sections of the New York Labor Law—§240(1), §241(6), and §200—specifically allow injured workers to sue property owners and general contractors under certain circumstances.

Labor Law §240(1): The “Scaffold Law”

Section 240(1) holds property owners and general contractors strictly liable for injuries caused by gravity-related accidents, such as falls from heights or falling objects. If a worker falls from a scaffold, ladder, or roof—or is struck by a falling beam, tool, or material—the owner and contractor can be held responsible if proper safety devices (like guardrails, harnesses, or hoists) weren’t provided.

Importantly, this law imposes absolute liability. The injured worker does not have to prove negligence, only that the accident was height-related and that required safety measures were missing or inadequate.

Labor Law §241(6): Construction, Excavation, and Demolition Site Safety

Section 241(6) requires owners and contractors to ensure compliance with the New York State Industrial Code, which sets detailed safety standards for construction sites. If a violation of the Industrial Code contributed to your injury, such as improper lighting, unguarded machinery, or inadequate safety signage, you may be entitled to sue the responsible parties. Unlike §240(1), §241(6) requires proof of a specific statutory regulation, but it provides a powerful legal basis for injured workers when safety rules have been ignored.

Labor Law §200: General Duty to Provide a Safe Workplace

Section 200 is New York’s version of a general negligence standard for construction sites. It requires owners and contractors to maintain safe working conditions and correct known hazards. To succeed under §200, you must show that the owner or contractor had authority or control over the worksite and knew or should have known about the unsafe condition that caused your injury. While §200 claims are more traditional negligence claims, they’re often brought alongside §240(1) or §241(6) claims for maximum protection.

Combining Workers’ Comp and a Lawsuit

It’s entirely possible, and often necessary, to pursue both a workers’ compensation claim and a third-party or Labor Law lawsuit.

For example:

• You receive workers’ comp benefits from your employer’s insurer to cover medical expenses and some lost wages.
• You also sue the building owner or general contractor under Labor Law §240(1) for failing to provide a safe scaffold or harness.

In this situation, workers’ compensation continues to provide immediate support while the lawsuit seeks full compensation for all damages. Any recovery from the lawsuit may be subject to workers’ comp lien and recovery rules, which your attorney can manage to ensure you keep as much of your award as possible.

Why You Need an Experienced Construction Accident Lawyer

Construction accident cases are among the most complex in New York law. They often involve multiple parties, overlapping contracts, and competing insurance policies. The defendants, who are typically major property owners, developers, or general contractors, will have aggressive legal teams working to avoid liability.

At Leandros A. Vrionedes, P.C., we know how to investigate these cases thoroughly:

• We analyze worksite safety logs, OSHA reports, and Industrial Code violations.
• We identify all potentially liable parties, including owners, contractors, subcontractors, and equipment manufacturers.
• We coordinate medical and economic experts to prove the full extent of your losses.
• We handle all deadlines and procedural requirements, including the Notice of Claim if a municipal entity is involved.

By combining legal strategy with meticulous investigation, we help injured workers secure the compensation they deserve beyond the limits of workers’ comp.

Call Leandros A. Vrionedes, P.C., for a Free Construction Accident Consultation

If you were hurt in a construction accident anywhere in New York City, whether you fell from scaffolding, were struck by falling materials, or suffered an injury due to unsafe site conditions, you may have more options than you realize. Workers’ compensation is only the beginning.

At Leandros A. Vrionedes, P.C., we represent construction workers in all NYC boroughs and across Nassau and Westchester counties. We pursue every available claim under Labor Law §§240(1), 241(6), and 200, as well as third-party negligence suits. Our goal is simple: to hold those responsible accountable and help you recover the maximum compensation available under the law.

Contact us today for a free consultation to discuss your case and learn how we can help you protect your rights after a serious construction accident.