Hurt at work
Hurt on a building site, where several companies share the work
Construction sites are crowded with companies: the owner, a general contractor, subcontractors, equipment rental firms, sometimes a dozen trades on the same floor. When a worker falls from a scaffold or is struck by something dropped from above, the question of who was responsible for safety rarely has a single answer.
That crowd matters to you, because it can mean there is more than one route to compensation.
Two kinds of claim, often side by side
Your own employer's workers' compensation insurance usually pays for medical care and part of your lost wages, and in most cases you can't sue your own employer. But the general contractor, the property owner, another subcontractor or the maker of a defective piece of equipment isn't your employer. A claim against one of them, sometimes called a third-party claim, can cover losses workers' compensation does not, such as pain and suffering.
New York has special rules for work at heights
New York has safety laws that put particular responsibility on property owners and general contractors when a worker is hurt in a fall from a height or by a falling object because proper protection, such as a harness, railing or secured load, was missing. Where those laws apply, they can change a case considerably. Whether they apply depends on where you were working and exactly what happened.
Evidence on a site disappears quickly
Scaffolds come down, equipment goes back to the rental yard, and crews move on to the next job. If you can, write down who was working near you, which company each person worked for, and who supervised the area. Keep any photos, texts or group chats from the job. If a government safety inspector visited after the accident, note that too.
- The name of the general contractor and, if you know it, the property owner.
- Which company owned or rented the ladder, scaffold, lift or machine involved.
- Anyone who saw the accident or helped you afterward.
If you're afraid to speak up
Workers sometimes hold back because they are worried about their job, their union standing or their immigration status. You can ask us questions without committing to anything. Many states make it unlawful to punish a worker for reporting an injury or claiming benefits, and immigration status doesn't by itself stop you from asking.
What helps to have ready
- The address or name of the job site, and the date of the accident.
- Your employer, the general contractor, and any other companies working there.
- Photos of the site, the equipment and your injuries.
- Names and phone numbers of coworkers who saw it, if you have them.
- Any incident report, workers' compensation claim number or insurance letters.
- The hospitals and doctors who have treated you.
- What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.
Where we fit in
A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.
Questions people ask
My foreman told me not to report it. What should I do?
Report the injury to your employer in writing anyway, and keep a copy. Late reporting can put a workers' compensation claim at risk, and the pressure itself may be something a lawyer should hear about.
If I bring a claim against the general contractor, do I lose my workers' compensation benefits?
Generally, no. The two usually run side by side, though the workers' compensation insurer may be entitled to be repaid from part of any recovery. The lawyer who handles your case explains how that works where you were hurt.
I am a union member. Should I go to the union first?
Your union may help with the workers' compensation side, and you can talk with them and with us. An injury claim against another company is usually separate from anything the union handles.
This may also apply
- Dangerous or defective products
If a tool, machine or piece of safety equipment failed.
- Unpaid wages and overtime
If you were also not paid properly for the hours you worked on the job.
More about hurt at work
This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.