FAQs

Construction / Job Site Accidents

• If I am hurt on the job, can I sue my employer?
• Are there any exceptions?
• How do I know if I have a case?

If I am hurt on the job, can I sue my employer?
The general rule is that if you are hurt on the job, even if your employer or co-employee was responsible, you can collect Workers' Compensation, but you cannot sue your employer or co-employee for negligence.

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Are there any exceptions?
There are three major exceptions:

1. If you are injured as a result of a fall from a height.
2. If you are injured by a dangerous or defective piece of machinery or product.
3. If you are injured as the result of a non-employee's negligence.

(i) Fall From a Height
New York State Labor Law requires that an owner or contractor provide certain safety devices, such as scaffolding, harnesses, and proper ladders for workers at a job site who are working at an elevated height. If the owner and/or contractor fails to do so, and the worker is injured, the owner and/or contractor is automatically liable for any injuries and pain and suffering. In this case, a lawsuit can be brought against the owner and/or contractor of the construction site. This is not limited to new construction, but could include general repairs and improvements, such as roofing, replacing windows, etc.

(ii) Dangerous or Defective piece of Machinery or Product
Often times an employee is injured when a piece of machinery breaks, collapses, explodes, or does not have the proper guarding or safety devices on it. In these cases, the manufacturer of the machine or the company that is responsible for the maintenance of the machine or equipment may be liable.

(iii) Negligence of a Non-Employee
Many times the negligence of a non-employee may cause an injury. Construction sites tend to be very busy, active workplaces, with several suppliers, service providers, and subcontractors often working together in tight quarters. In such an environment, if materials or equipment are not stowed properly after use, or not handled safely on the construction site, it is easy to see how a non-employee's actions can create a dangerous condition that can cause serious injury.

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How do I know if I have a case?
The first thing you should do is call a qualified attorney who has extensive experience in handling construction accident cases. That attorney can usually tell you whether or not you have a potential case merely by discussing it with you during a brief telephone conversation, free of charge. If you wish to discuss your potential case with us, please contact us at 1-800-430-7001

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If you have further questions, please contact us at 1-800-430-7001 or e-mail us at: gm@goldsteinmetzger.com.