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If you’ve been injured on a construction site in New York, you may already be familiar with workers’ compensation. It’s a system designed to help cover your medical bills and lost wages without having to prove fault for the accident. But what happens when workers’ comp isn’t enough to cover the full extent of your injuries? This is where a third-party claim might come into play.
This type of claim identifies someone other than your employer, like a subcontractor or equipment manufacturer, who may have played a role in causing your accident. A skilled Bronx construction accident lawyer at The Perecman Firm can help identify these opportunities to ensure you get the full financial support you deserve.
Understanding What a Third-Party Claim Is
While workers’ compensation typically bars you from suing your employer for additional compensation, it doesn’t stop you from holding a third party responsible if they played a role in your accident.
For example, if a defective piece of machinery caused your injury, you might be able to file a claim against the manufacturer of that equipment. Similarly, if a subcontractor working on the site acted negligently, you could pursue a claim against that subcontractor.
When Is a Third-Party Claim Necessary?
A third-party claim becomes necessary when workers’ compensation alone doesn’t fully address your damages. Workers’ compensation covers medical bills and a portion of lost wages, but it doesn’t provide for pain and suffering, future lost wages, or full compensation for disability in many cases.
If you have work related injuries that are serious, you may need to seek additional compensation to secure your financial future and protect your family.
How to File a Third-Party Claim After a New York Construction Accident
If you’ve been injured in a construction accident, your primary focus should be on your recovery, not on navigating the complex legal system. The first and most important step after ensuring you’ve received medical attention is hiring a skilled construction accident attorney. That’s where we come in.
At The Perecman Firm, we will handle the legal heavy lifting for you. Once you hire us, we will thoroughly investigate your case, identify potential third parties who may be liable, and build a strong claim on your behalf.
You shouldn’t have to worry about collecting documents, determining liability, or dealing with the insurance companies. That’s our job. We’re here to make certain you’re treated fairly and receive the maximum compensation you deserve.
We’ll also ensure your claim is filed correctly and on time. New York has strict deadlines, known as the statute of limitations, for filing third-party claims, and we’ll handle all legal deadlines to make sure you don’t miss out on your right to compensation.
By choosing The Perecman Firm, you’re not just hiring a personal injury attorney; you’re gaining a team of dedicated professionals who will fight for your best interests while you focus on healing. We’ll handle the legal process from start to finish so you can have peace of mind knowing your case is in good hands.
Who Can Be Sued in a Third-Party Claim?
When filing a third-party claim, your construction accident attorneys will examine your case to determine who may be responsible. A skilled personal injury lawyer knows how to look at the details of your construction site injury to identify liability. Here are some of the common parties that could be liable in a construction accident:
Equipment Manufacturers
Construction sites are filled with dangerous equipment, from power tools to heavy machinery. If any of this equipment is defective or malfunctions, it can cause serious injuries.
In cases like these, you may have grounds to sue the manufacturer of the faulty equipment. Defects can include design flaws, manufacturing errors, or insufficient safety instructions.
Subcontractors or Independent Contractors
Large construction projects usually involve multiple companies and contractors working together. If a subcontractor or independent contractor acted negligently—whether by not following safety protocols, failing to secure a hazardous area, or using improper construction techniques—you could pursue a claim against them.
For example, a contractor responsible for scaffolding that wasn’t properly secured may be liable if it collapses and causes an injury.
Property Owners
In New York, property owners are legally obligated to ensure that their properties are reasonably safe. If the construction site owner failed to address hazardous conditions—such as unmarked holes, uneven surfaces, or exposed wiring—they may be held accountable through a third-party claim.
Architects or Engineers
In some cases, the design or engineering of a construction site might contribute to an accident. For instance, an architect who designs a faulty structure or an engineer who fails to account for safety risks in their plans could be liable for any resulting injuries.
Drivers
Construction sites often require the use of vehicles to transport equipment or materials. If you were injured in a vehicle accident involving a reckless or negligent driver (whether it’s a co-worker driving recklessly or a delivery truck operator not associated with your employer), you might have the grounds for a third-party claim against the driver or the company that employs them.
The Process of Investigating and Filing a Third-Party Claim
Once you’ve hired The Perecman Firm, we’ll immediately investigate your construction accident to determine if a third-party claim is possible. Our team understands how overwhelming this situation can be, so we take care of the entire legal process while you focus on your recovery.
Here’s an overview of how our personal injury attorneys build your case:
Investigating the Accident
We start by thoroughly investigating the circumstances of your accident. This includes visiting the site, reviewing safety reports, and gathering physical evidence like photographs or videos. We’ll also interview witnesses to get a clear understanding of what happened. If necessary, we may bring in experts to evaluate any defective equipment or unsafe working conditions that may have contributed to the accident.
Identifying Liable Third Parties
Our next step is identifying any third parties that could be responsible for your injuries. These could include subcontractors, manufacturers of faulty equipment, property owners, or other parties not directly employed by your company. Our job is determining who had a role in the accident and how their negligence contributed to your injuries.
Collecting Evidence
Building a strong case requires solid evidence. We gather medical records, employment documents, safety regulations, and anything else that proves the extent of your injuries and the impact on your life. This may also include expert testimonies from medical professionals or safety inspectors, who can provide valuable insights into how the accident occurred and who’s at fault.
Filing the Claim
Once we’ve gathered the necessary information, we’ll file the third-party claim on your behalf. This includes submitting all required paperwork and ensuring everything is handled correctly and on time.
Negotiating with Insurance Companies
We take on the negotiations with insurance companies and any third parties involved. Our goal is to secure the maximum compensation for your injuries, medical bills, lost wages, and any other damages. If the insurance company refuses to offer a fair settlement, we’re fully prepared to file a personal injury lawsuit, take the case to trial, and fight for your rights in court.
Throughout this entire process, we keep you informed and updated so you’ll always know what’s happening with your case. You can rely on us to handle the legal matters while you focus on your recovery and regaining your health.
How Long Do I Have to File a Third-Party Claim in New York?
In New York, the statute of limitations for filing a third-party personal injury lawsuit is typically three years from the accident date. However, you should act quickly. Evidence can deteriorate, and witnesses’ memories may fade over time, making it harder to prove liability.
An experienced work accident attorney at The Perecman Firm can handle your case with urgency and precision, giving you the best chance of securing maximum compensation.
Damages You Can Recover in a Third-Party Claim
While workers’ comp is essential for covering basic medical costs and a portion of lost wages, it doesn’t address many of the deeper financial and emotional losses you’ve experienced. By pursuing a third-party claim, you have the opportunity to recover compensation that goes beyond the limited scope of workers’ compensation.
Medical Expenses
Common types of construction accidents can lead to severe, sometimes life-altering injuries. Through a third-party claim, you can recover compensation for all of your medical expenses, including:
- Emergency care and hospital bills
- Surgery and other necessary procedures
- Ongoing treatments like physical therapy
- Prescription medications
- Future medical care, such as long-term rehabilitation or adaptive equipment
Unlike workers’ compensation, which may have limits, a third-party claim allows you to seek full reimbursement for your current and anticipated future medical costs.
Lost Income
When you’re unable to work due to your injuries, it can create a significant financial burden for you and your family. A third-party claim can help cover the full amount of income you’ve lost during your recovery.
Additionally, if your injuries prevent you from returning to work in the same capacity or at all, you may also be entitled to compensation for lost future earnings (also known as loss of earning capacity). This can ensure you’re not left struggling financially because of an injury caused by someone else’s negligence.
Pain and Suffering
Physical injuries from a construction accident can result in long-term pain and suffering, limited mobility, and a reduced quality of life. A third-party claim allows you to seek compensation for the physical discomfort and limitations caused by the injury. This compensation is designed to acknowledge the real impact that your injury has on your day-to-day life, including your ability to enjoy activities or perform basic tasks.
Emotional Distress
Beyond the physical pain, construction accidents can also cause significant emotional and psychological harm. Injuries that affect your ability to work, move, or live independently can lead to anxiety, depression, or even post-traumatic stress disorder (PTSD).
Receiving damages for the emotional distress you’ve experienced as a result of the accident helps acknowledge the mental toll that comes with such a traumatic event and provides support for any therapy or treatment you may need.
Loss of Consortium
In some cases, the injured worker’s family may also be entitled to compensation for the accident’s impact on their relationship. Loss of consortium refers to the loss of companionship, affection, or intimacy with a spouse due to the injuries sustained in the accident. These damages are meant to address how your injury affects your family dynamics and personal relationships.
How Does a Third-Party Claim Affect Workers’ Compensation?
A third-party claim doesn’t replace your workers’ compensation benefits—it supplements them. However, if you win your third-party claim, your workers’ comp insurer may place a lien on the settlement or judgment to recover the benefits they paid. This means they may seek reimbursement for the medical expenses and wage replacement already provided through workers’ comp.
While this might sound concerning, a skilled work accident attorney will be there to protect your interests. Our legal team at The Perecman Firm is experienced in negotiating with workers’ compensation insurers to minimize the impact of any potential lien.
We understand that your financial recovery is a top priority, and we work to ensure that the final amount you receive from the third-party claim fully accounts for the challenges you’ve faced and the compensation you deserve. The goal is to maximize your total recovery and safeguard that your medical expenses, lost wages, and other damages are fully covered despite the lien.
Ultimately, pursuing a third-party claim often results in significantly higher compensation than relying solely on workers’ compensation, offsetting the potential impact of any lien. Our legal team will navigate these complex issues for you, allowing you to focus on your recovery while we work to secure the best possible outcome for your case.
Why Choose The Perecman Firm for Your Third-Party Claim?
When you’re injured in a construction accident, it can feel like the odds are stacked against you. Powerful companies and insurance providers often try to minimize your compensation, making it difficult for you and your family to move forward. At The Perecman Firm, we believe in standing up for the rights of injured construction workers from New York City to Queens and Long Island.
We understand the pain and hardship you’re going through, and we’re here to take the burden of pursuing legal action off your shoulders. We’ll fight to secure the compensation you deserve so you can focus on what’s most important—your recovery.
Our team works harder and smarter than the defense. We never quit until you get the maximum compensation possible. We’re here to hold bad actors accountable and deliver justice, no matter how long it takes.
Let Us Help You Today
David H. Perecman, Bronx Construction Accident Attorney
Filing a third-party claim after a construction accident can be a complex and overwhelming process, but you don’t have to go through it alone. The Perecman Firm is here to guide you every step of the way. Our team of experienced Bronx personal injury lawyers will fight to secure the compensation you need to support yourself and your family while you recover from your injuries.
Contact us today for a free consultation. Let us focus on holding the bad actors accountable while you focus on healing. Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Long Island office in Jericho at 516-268-0130. You can also contact us online.
