Construction accidents happen every day on worksites in New York and New Jersey. According to the Bureau of Labor Statistics, only the transportation industry has more fatal workplace accidents than the construction industry. Most construction workers are aware of the dangers they face every day when they go to work; however, just because a job is inherently dangerous does not mean that an injured worker is not entitled to compensation. For many workers, the question becomes:  Who is responsible for injuries sustained in a construction accident?

As is often the case in legal matters, there is no simple “one-size-fits all” answer to the question of legal responsibility for injuries sustained in a construction accident. In fact, in New York or New Jersey, an injured construction worker may have more than one way to seek compensation.

A worker who was injured while on the job is entitled to compensation through the New York or New Jersey workers’ compensation system. The workers’ compensation system is a no-fault system, meaning that you do not need to show that your employer, or anyone else, was negligent or did anything wrong to receive compensation for your lost wages and medical treatment.

Sometimes, though, a third party actually was negligent. Negligence is the legal term used to refer to culpability, responsibility or fault in an accident. When a third party’s negligence caused, or contributed to, your injuries, you could also be entitled to compensation through a third-party lawsuit.

The list of potential third-party defendants in a construction site accident is long; however, the following examples of third-party liability may offer some guidance:

• An employee of another company is driving a vehicle that collides with yours. Both the employee and the other company could be liable for your injuries.
• A crane operator from another company drops a load and you are injured.
• A property owner orders you to do something which results in injury to you.
• The general contractor fails to properly secure open holes in a floor and you fall through.
• Equipment rented from a leasing company malfunctions and you are injured.

In each of these cases, someone other than your employer could be found negligent for their part in the accident that caused your injuries. Because they are not your direct employer, they could be held responsible through a third-party lawsuit.

If you have been injured in a construction site accident, contact the New York / New Jersey construction accident attorneys at Ginarte Gonzalez & Winograd to find out what legal options you may have. Call 888-446-2783 or fill out our online contact form for your free consultation