If any worker including a construction worker was injured while working, he or she can file a Worker’s Compensation claim. The workers compensation process is an administrative system that reimburses injured workers their lost wages and also pays for their medical care. In NY, filing a worker’s compensation claim means the worker cannot also sue their employer. However, in the construction industry, the worker can still have a third party lawsuit against the landlord and or general contractor of the job site.

For example, if a worker is employed by a subcontractor on the construction site such as ABC Electrical Company and is injured when he falls off a ladder, he can obtain worker’s comp benefits from ABC including lost earnings and medical bills paid. He can then sue the landlord and general contractor under NY’s construction accident statutes: Labor Law 240, 241, 200, etc.

If for example, this worker is employed by ABC Company and ABC is the general contractor for this construction project, the worker may not be able to file a third party lawsuit versus ABC but can still recover against the construction project owner or landlord. The only restriction under worker’s comp is that an employee cannot both obtain worker’s comp from an employer and also sue that same employer.