Construction sites in the Bronx are often busy, with multiple contractors and subcontractors working at the same time. When a worker is injured because of a subcontractor’s actions, figuring out who’s responsible isn’t always simple. While workers’ compensation covers many injuries, there are situations where additional claims can be made against other parties—especially when negligence is involved.
What Is a Subcontractor’s Legal Duty?
Subcontractors are required to follow safety regulations, maintain safe working conditions, and ensure their employees and work activities don’t endanger others on the job site. This includes following state and federal safety laws, using proper equipment, and coordinating with general contractors to prevent unsafe situations. When subcontractors fail to meet these responsibilities, they can be held legally accountable for accidents their actions cause.
Who Can Be Held Liable
When a subcontractor’s negligence leads to an injury, multiple parties might share responsibility. The subcontractor’s company can be held liable for unsafe work practices or failure to follow safety protocols. In some cases, the general contractor or property owner may also bear responsibility if they failed to maintain a safe site or properly supervise the work.
New York’s labor laws provide strong protections for construction workers. Depending on the circumstances, injured workers may be able to pursue claims beyond standard workers’ compensation, especially if third-party negligence contributed to the accident.
Legal Options Outside Workers’ Comp
Workers’ compensation typically covers medical bills and a portion of lost wages, but it doesn’t account for pain and suffering or other long-term impacts. If a subcontractor or another third party was at fault, an injured worker may be able to file a third-party personal injury claim in addition to a workers’ compensation claim. This type of legal action can provide additional compensation for damages like long-term medical needs, loss of earning capacity, and emotional distress.
Steps To Protect Your Claim
If you’re injured in a construction site accident involving a subcontractor, it’s important to act quickly. Report the accident to your employer right away, seek medical attention, and make sure the incident is properly documented. If possible, take photos of the accident scene and get the contact information of any witnesses. These details can make a big difference if a third-party claim is filed later.
Consulting with an experienced construction accident lawyer can help you understand your rights and build a strong case. A legal team can identify all potentially responsible parties, gather evidence, and make sure your claim is filed correctly and on time.
FAQ Section
Can I sue a subcontractor directly?
Yes, if their negligence caused your injury, you may be able to file a third-party lawsuit against the subcontractor.
What if my employer isn’t at fault?
Even if your employer wasn’t responsible, other parties—such as subcontractors, general contractors, or property owners—may still be held liable.
Do I still qualify for workers’ comp?
Yes. Even when third-party claims are filed, you can still receive workers’ compensation benefits for medical care and lost wages.
Construction site injuries can leave lasting consequences, but you don’t have to face the aftermath alone. At Gash & Associates, P.C., we help injured workers in the Bronx pursue the compensation they deserve. Call (914) 328-8800 to speak with an experienced attorney who can help protect your rights and fight for the best outcome.
