New York Lawyer for Workplace Injury Lawsuits
If you were injured on the job in New York, workers’ compensation may not be your only source of recovery.
Depending on how the accident happened and your employment status, you may have the right to file a personal injury, premises liability, product liability, maritime, or other civil lawsuit seeking compensation that workers’ comp does not provide.
For over 25 years, the Law Office of Michael H. Joseph has been helping injured workers in New York recover full compensation. Our firm regularly handles workplace injury cases involving third-party claims and other civil lawsuits.
Can You File a Lawsuit After a Workplace Injury?
The right to file a lawsuit after getting injured at work usually depends on who caused the accident, your employment status, and the laws that apply to your job. A claim may exist against a property owner, general contractor, subcontractor, driver, equipment manufacturer, or another party that created or failed to correct the danger.
Some injured workers have other rights.
- Independent contractors may be able to sue the person or company responsible for the accident.
- Construction workers may have claims under New York’s Labor Law.
- Seamen and other qualifying maritime workers may be protected by the Jones Act or other federal maritime laws.
These lawsuits matter because workers’ compensation does not pay for everything an injury takes from you. A civil claim may provide compensation for pain and suffering, reduced future earning ability, and other losses that workers’ compensation does not cover.
Who Can Be Held Responsible for a Workplace Injury?
The responsible party may be someone other than your employer, and in some cases, more than one person or company may be liable.
Depending on how the accident happened, a workplace injury lawsuit may be brought against:
- A property owner who allowed a dangerous condition to exist
- A general contractor or subcontractor that failed to provide a safe worksite
- A driver who caused a work-related crash
- A manufacturer or distributor of defective equipment
- A maintenance company that failed to inspect or repair machinery
- Another company whose employees created the hazard
- A vessel owner or employer in a qualifying maritime case
Workplace accidents are often treated as though they have one simple cause. In reality, responsibility may be divided among several parties with different duties. Identifying each one can affect the evidence that must be preserved, the insurance coverage available, and the amount of compensation you may be able to recover.
Call (212) 858-0503. Consultations are free.
What Is a Third-Party Workplace Injury Claim?
A third-party workplace injury claim is a lawsuit against someone other than your employer who may be legally responsible for your accident.
For example:
- A construction worker may have a claim against a property owner or subcontractor.
- A delivery driver may be able to sue the motorist who caused a crash.
- A factory worker may have a product liability claim against the manufacturer of a defective machine.
This type of lawsuit is separate from workers’ compensation. You may be able to pursue both at the same time.
That distinction matters because workers’ compensation generally covers medical care and part of your lost wages. A third-party lawsuit may also allow you to recover for pain and suffering, future income loss, and the broader effect the injury has had on your life.
Can an Independent Contractor File a Workplace Injury Lawsuit?
If you were working as an independent contractor, you may have the right to sue the person or company that caused your injury.
A property owner may have ignored a dangerous condition. A contractor may have created an unsafe work area. A company may have supplied defective equipment or failed to correct a known hazard.
The label on your paperwork does not decide your rights.
Just because you’re paid on a 1099 does not automatically mean you are an independent contractor, and being called an independent contractor does not prevent you from bringing a claim.
What matters is how the work was actually controlled, who created the danger, and who had the power to prevent the accident. Those facts can determine whether you have a personal injury lawsuit, a workers’ compensation claim, or both.
Can You Sue After a Construction Accident in New York?
New York law may give injured construction workers the right to bring a lawsuit against a property owner, general contractor, or another responsible party.
These cases do not always begin with one careless act. A worker may fall because no harness was provided. A scaffold may shift because it was not properly secured. Materials may fall from above because the worksite was not organized or protected as it should have been. Other claims may arise from trench collapses, exposed electrical hazards, unguarded saws, defective ladders, heavy equipment accidents, or materials and loads that strike workers from above.
The companies in charge may point fingers at one another. The injured worker may be told that the accident was simply part of a dangerous job. It was not.
New York’s construction safety laws place specific responsibilities on owners and contractors. When those responsibilities are ignored, an injured worker may have rights beyond workers’ compensation.
Falls remain the leading cause of death in construction. In 2024, falls, slips, and trips caused 389 of the 1,034 fatal injuries recorded in the private construction industry. More than 95% of those fatal falls, slips, and trips involved falls to a lower level.
Maritime work does not always end when the shift does. Crews on barges and deep-sea vessels may spend weeks or months aboard and work seven days a week. That extended time on the vessel can make unsafe equipment, inadequate staffing, and ignored hazards especially dangerous.
The water transportation industry recorded 11 fatal work injuries in 2024. It also reported 3.1 injury and illness cases per 100 full-time workers.
Can Maritime Workers File a Lawsuit Under the Jones Act?
A qualifying seaman who is injured because of an employer’s negligence may have the right to file a lawsuit under the Jones Act.
A maritime employer may have failed to maintain safe equipment, provide enough trained crew members, correct a dangerous condition, or enforce basic safety procedures. On a vessel, one ignored hazard can place an entire crew at risk.
The Jones Act is different from a third-party claim because it may allow an injured seaman to sue the employer directly. Other maritime remedies may also be available, including claims based on an unseaworthy vessel and the right to maintenance and cure for an injured seaman’s medical treatment and basic living expenses while recovering.
Not everyone who works near the water qualifies as a seaman. The work performed, the worker’s connection to a vessel, and the amount of time spent aboard it can all matter. A job title alone does not decide whether the Jones Act applies.
Some Workers Have Legal Rights That Are Easy to Miss
The type of work you perform can change who may be sued and which laws protect you.
A workplace injury is not limited to factories, warehouses, and construction sites. Many people are injured while driving, making deliveries, entering another company’s building, repairing property, or performing work at heights. The details of the job can open the door to claims that are easy to overlook.
Police Officers and Firefighters
Police officers and firefighters may have the right to file claims against additional third parties when a violation of a statute, ordinance, rule, or other legal requirement contributes to a line-of-duty injury. That may include a traffic-law violation, an unsafe building condition, illegal electrical work, a code violation, or another unlawful act that created the danger.
These claims should not be dismissed simply because risk is part of the job. A dangerous occupation does not excuse someone else from following the law.
Window Washers, Roofers, and Elevator Repair Workers
New York law provides important protections for workers exposed to elevation-related hazards.
A window washer may be injured because a building lacked proper anchor points or safe equipment. A roofer may not have been given a harness, lifeline, or another effective form of fall protection. An elevator repair worker may be left exposed to an open shaft without adequate protection.
The fact that a worker knew the job involved heights does not make an avoidable fall acceptable.
Drivers and Delivery Workers
A person injured while driving for work may have a claim against the driver who caused the crash while also receiving workers’ compensation benefits.
These cases may involve truck drivers, bus and school-bus drivers, taxi drivers, rideshare drivers, and employees traveling between jobs. Bicycle and scooter couriers may also have claims after being struck by a vehicle or hit by an opening car door.
Workers Injured at Someone Else’s Property
Employees are often sent to buildings and properties their employers do not own. A delivery worker, repair technician, cleaner, salesperson, or visiting employee may be injured by ice, a broken stairway, an unsafe floor, poor lighting, or a dangerous common area.
When a worker is injured on someone else’s property, the property owner, landlord, tenant, or maintenance company may be responsible, depending on who created the condition and who had the authority to correct it.
Frequently Asked Questions About Workplace Injury Lawsuits
Can I get workers’ compensation and still sue?
Yes. You may be able to receive workers’ compensation benefits and pursue a separate lawsuit against another person or company that helped cause your injury. The two claims are different, and they may proceed at the same time. The workers’ compensation carrier may have a lien against part of the third-party recovery, so the two claims must be coordinated carefully.
Can I sue my employer after a workplace injury?
Usually, workers’ compensation prevents an employee from suing a covered employer for an ordinary workplace injury. But there are exceptions. You may have a claim if your employer did not carry required workers’ compensation insurance, if you qualify under the Jones Act, or if another law gives you the right to sue.
What if I was paid off the books or given a 1099?
That does not automatically decide your rights. The facts of the working relationship matter more than the label. You may still have a workers’ compensation claim, a lawsuit, or both.
How long do I have to file a workplace injury lawsuit in New York?
In many New York personal injury cases, the deadline is three years from the date of the accident. However, different deadlines may apply under maritime law, when someone dies, or when a government agency is involved. A notice of claim against a municipality may be required within only 90 days.
The deadline is not the only reason to act quickly. Surveillance footage, equipment, work records, and witness information may disappear long before the filing period ends.
What compensation can a workplace injury lawsuit provide?
A lawsuit may allow you to pursue compensation for pain and suffering, lost income, reduced future earning ability, medical expenses, future care, and the broader effect the injury has had on your life.
Do Not Let a Workplace Injury Be Written Off as “Just Workers’ Compensation”
A workplace injury should not be treated as “just workers’ compensation” before anyone investigates what happened.
The Law Office of Michael H. Joseph, PLLC identifies every person, company, and legal claim that may be responsible for your injuries. We represent injured workers throughout New York City, Westchester County, and the surrounding areas.
office at (212) 858-0503 or
our White Plains office
at (914) 574-8330 for a free consultation.