Workers' compensation is not the only legal option after a construction accident in New York. When someone other than your direct employer caused or contributed to your injury, you may have the right to file a separate personal injury lawsuit against that party while simultaneously collecting workers' compensation benefits. This is called a third-party claim, and for seriously injured workers it is often where the most significant compensation comes from.
Workers' compensation pays an average of $47,316 per claim nationally, covers no pain and suffering, and caps wage replacement at two-thirds of your average weekly wage. A third-party lawsuit against a property owner, general contractor, or equipment manufacturer faces none of those caps. The same construction fall that produces $47,000 in workers' comp benefits can support a verdict or settlement many times larger through a third-party claim under New York Labor Law.
At Porter Law Group, attorney Michael S. Porter and his team represent injured construction workers throughout New York State in third-party claims filed alongside workers' compensation. Call us at (833) 767-8379 or email info@porterlawteam.com for a free consultation. You pay nothing unless we recover for you.
Settlement
Jury Verdict
Settlement
Settlement
Workers' compensation and a third-party personal injury lawsuit are two separate legal proceedings that operate on entirely different tracks. Understanding the difference is the starting point for knowing what you are actually entitled to after a serious construction accident.
Workers' compensation is a no-fault insurance system. If you are injured on the job in New York, your employer's workers' comp insurer is required to cover your medical treatment and pay you a portion of your lost wages, regardless of who caused the accident. The system is designed to move quickly. You do not need to prove negligence. Benefits begin without litigation.
The tradeoff is that workers' compensation is the exclusive remedy against your direct employer. In exchange for receiving no-fault benefits, you generally give up the right to sue your employer in civil court. This is called the exclusivity bar.
A third-party lawsuit is a civil negligence or Labor Law claim filed against someone who is not your direct employer, a party whose actions or failures contributed to your injury. Because the exclusivity bar only protects your direct employer, every other responsible party on the construction site remains fully exposed to a lawsuit. The third-party claim proceeds through the court system, not the workers' compensation board, and it can recover the full range of damages that workers' compensation does not touch: pain and suffering, full lost wages, reduced future earning capacity, loss of enjoyment of life, and loss of consortium.
You can pursue both claims at the same time. Filing a workers' comp claim does not prevent you from filing a third-party lawsuit. The two tracks run concurrently, and for seriously injured workers, running both is almost always the right strategy.
On any active construction site, there are typically multiple companies, entities, and individuals present who are not your direct employer. Any of them can potentially be a third-party defendant if their negligence contributed to your injury.
Property owners. The owner of the property where the construction is taking place is the most common third-party defendant in New York construction cases. Under Labor Law Sections 240(1) and 241(6), property owners bear non-delegable duties to protect workers on their site regardless of whether they were present or actively involved in the work. They cannot transfer that liability to a contractor.
General contractors. The general contractor overseeing the project has an independent duty to ensure site-wide safety for every worker, including subcontractor employees. A general contractor who fails to enforce fall protection, allows defective equipment to remain in use, or ignores known hazards can face third-party liability under all three New York Labor Law statutes.
Other subcontractors. Your employer may be a subcontractor on the site. Other subcontractors working alongside you are not your employer. If a different subcontractor's crew created the dangerous condition that caused your injury, such as improperly rigging a load, leaving a floor opening unguarded, or operating a vehicle recklessly, that subcontractor is a third party you can sue.
Equipment manufacturers and distributors. When a defective tool, machine, scaffold component, or piece of fall protection caused or contributed to the accident, the manufacturer and distributor of that equipment are third parties. These product liability claims run independently of any Labor Law claim and can add significant recovery, particularly in catastrophic injury cases. For more detail on how these claims work, see our page on defective equipment accidents.
Equipment rental companies. When a crane, scaffold, or other piece of equipment was rented rather than owned by the contractor, the rental company has an independent duty to provide equipment in safe working condition and to disclose known defects. A rental company that provided defective equipment or failed to conduct required pre-rental inspections is a third party.
Engineers and design professionals. When a structural or design failure caused the accident, the engineer or architect who designed the system may be liable for errors in their professional work.
Government entities. When a government body owns or controls the property where the accident occurred, such as a NYCHA building, an MTA project, or a city agency worksite, that government entity is a potential third-party defendant. Claims against government entities carry shorter deadlines under General Municipal Law Section 50-e, requiring a Notice of Claim within 90 days of the accident.
New York's Labor Law framework gives injured construction workers legal tools that do not exist in any other state, and they apply exclusively to third-party claims against property owners and general contractors.
Labor Law Section 240(1) imposes strict liability on property owners and general contractors for gravity-related injuries, including falls from heights and workers struck by falling objects, when adequate safety equipment was not provided. Under absolute liability, the property owner and general contractor are responsible regardless of whether they were negligent in the traditional sense and regardless of what the injured worker did. Comparative fault is not a defense. This is the most powerful provision in New York construction law and the foundation of most significant third-party recoveries.
Labor Law Section 241(6) creates liability for property owners and general contractors when a specific New York State Industrial Code provision was violated and the violation caused the worker's injury. Unlike Section 240(1), comparative fault can be raised as a partial defense under Section 241(6), but the non-delegable duty remains. Courts have applied Section 241(6) to a wide range of construction accident types including scaffold failures, trench collapses, machinery entrapment, electrocution, and ladder accidents, each governed by the specific Industrial Code provision applicable to that accident type.
Labor Law Section 200 codifies the general duty to provide workers with a reasonably safe workplace. It applies when the property owner or general contractor had supervisory control over the work that caused the injury, or knew about a dangerous condition and failed to correct it. Section 200 claims often reach parties whose conduct falls outside the strict liability framework of Sections 240(1) and 241(6) but who contributed to the accident through negligence.
The residential owner exception applies to all three statutes. A homeowner who owns and occupies a one- or two-family dwelling and does not direct or control the work may not face liability under these provisions. For all other property owners, the full Labor Law framework applies.
One of the most important and most frequently misunderstood aspects of running a workers' comp claim and a third-party lawsuit simultaneously is the workers' compensation lien.
Under New York Workers' Compensation Law Section 29, when a worker recovers money through a third-party lawsuit, the workers' compensation carrier that paid benefits has a statutory right to be reimbursed from that recovery. This is called the workers' comp lien, and it covers the medical expenses and wage replacement benefits the carrier has paid up to the date of the third-party recovery.
The lien is not a reason to avoid the third-party claim. It is a calculation that must be managed correctly.
First, the lien is not paid dollar-for-dollar. Under the framework established in Burns v. Varriale and codified at WCL Section 29(1), the carrier's lien is reduced by its proportionate share of the litigation costs, including attorney's fees, filing costs, and expert expenses, incurred to obtain the third-party recovery. In practice, this means the carrier shares in the cost of the litigation that produced the recovery it benefits from.
Second, WCL Section 29(5) requires either the carrier's written consent or a court-issued compromise order before a third-party settlement can be finalized. This procedural requirement means the lien must be addressed and resolved as part of the settlement process, not after the fact.
Third, and most importantly: the total recovery from both sources almost always exceeds what workers' compensation alone would have provided. A worker who receives $47,000 in workers' comp benefits and then recovers $1.5 million in a third-party lawsuit will repay a reduced portion of the lien, but the net recovery is still dramatically higher than workers' compensation alone could produce.
Managing this lien calculation correctly is one of the most practically important things an attorney does in a construction accident case. An improperly handled lien can reduce a worker's net recovery significantly even after a successful third-party verdict or settlement.
Third-party claims arise from every category of serious construction accident. The accident type determines which New York Labor Law provisions apply and which defendants can be sued.
Falls from heights and scaffold accidents. Falls are the leading cause of construction fatalities in New York, and they are the most common source of Labor Law Section 240(1) absolute liability claims. Property owners and general contractors who fail to provide adequate scaffolding, guardrails, safety nets, or personal fall arrest systems face strict third-party liability. See our pages on falls from heights and scaffold accidents.
Struck-by and falling object accidents. When a load slips from a crane, a tool falls from an elevated platform, or a swinging object strikes a worker, third-party claims arise under Section 240(1) for the unsecured load and under Section 241(6) for violations of Industrial Code overhead protection requirements. See our page on struck-by object accidents.
Crane accidents. Crane cases involve the most complex third-party liability structures in construction law, routinely encompassing the property owner, general contractor, crane lessor, rigging subcontractor, and the manufacturer of any component that failed. See our page on crane accidents.
Electrocution accidents. When a worker is electrocuted by an energized line, an unguarded circuit, or a defective power system, third-party claims under Section 241(6) through Industrial Code Section 23-1.13 target the property owner and general contractor, while product liability claims can reach the manufacturer of any defective electrical component. See our page on electrocution accidents.
Trench collapses. Trench and excavation cave-ins produce third-party claims under Section 241(6) through Industrial Code Sections 23-4.1 through 23-4.5 against the property owner and general contractor, and in some cases against soil engineers whose misclassification of soil conditions contributed to the collapse. See our page on trench collapse accidents.
Caught-in/between accidents. Machinery entrapment and vehicle pinning produce third-party claims under Section 241(6) through Industrial Code Section 23-1.12 for machinery guarding failures, and product liability claims against the manufacturers of equipment with defective safety interlocks. See our page on caught-in/between accidents.
The actions you take in the hours and days after a construction accident directly affect the strength of both your workers' comp claim and your third-party lawsuit.
Workers' compensation provides medical benefits and a portion of lost wages but does not cover the full scope of losses a serious construction accident produces. A successful third-party lawsuit recovers what workers' compensation cannot.
The value of a third-party claim depends on the severity of the injuries, the applicable legal theories, and the number of defendants. When Labor Law Section 240(1) applies, the elimination of the comparative fault defense means the defendant cannot reduce your recovery by arguing you were partially responsible, which consistently produces stronger outcomes than negligence claims alone.
| Injury severity | Typical range |
| Moderate injuries, full or significant recovery | $50,000 to $250,000 |
| Serious injuries requiring surgery or with permanent effects | $250,000 to $1,000,000 |
| Catastrophic injuries including TBI, paralysis, or permanent disability | $1,000,000 to $5,000,000 or more |
| Wrongful death | $1,000,000 to $5,000,000 or more |
These ranges reflect third-party recovery only and are general guidance. Workers' compensation benefits received alongside a third-party recovery, minus the lien reimbursement, increase the total net outcome. For more context on construction accident compensation in New York, visit our construction accident settlement amounts page.
Hurt at Work? You May Have a Third-Party Claim.
Talk to our experienced New York construction accident lawyers about your third-party rights in a free, no-obligation consultation.
Third-party claims are governed by strict filing deadlines that run independently from the workers' compensation process.
Personal injury lawsuits against private parties: Three years from the date of the accident, under CPLR Section 214(5). This applies to all Labor Law Section 240(1), 241(6), and 200 claims against private property owners, developers, and general contractors.
Wrongful death claims: Two years from the date of death, under New York Estates, Powers and Trusts Law Section 5-4.1.
Claims against government entities: If the property was owned or controlled by New York City, the MTA, NYCHA, a public authority, or any other government body, you must file a Notice of Claim within 90 days of the accident under General Municipal Law Section 50-e. You then have one year and 90 days to file your lawsuit. Many construction projects in New York City involve government-owned or government-managed properties, and the 90-day window is easy to miss.
Workers' compensation: Notify your employer within 30 days of the injury and file a formal claim within two years.
One critical point: filing a workers' compensation claim does not toll or extend the statute of limitations for your third-party lawsuit. Many workers lose their right to sue because they assumed their workers' comp filing covered both. It does not. For a full breakdown of these deadlines, visit our statute of limitations page.
Michael S. Porter founded Porter Law Group to represent New York workers and families in serious injury cases. A graduate of Harvard University and Syracuse University College of Law, he served as a Captain in the U.S. Army Judge Advocate General's Corps before entering private practice. He has been selected to Super Lawyers for 14 consecutive years, from 2012 through 2025, and holds a 10.0 Superb rating on Avvo and a Distinguished rating from Martindale-Hubbell.
No fee unless we win. All third-party construction accident cases are handled on a contingency basis. You pay nothing unless we recover compensation for you.
Free consultations, available 24/7. You can reach our team any time to discuss your case at no cost and with no obligation to retain us.
Direct attorney access. You will speak with the attorney handling your case throughout the process, not only with a case manager or paralegal.
You can review our case outcomes on our Results page, read client experiences on our Testimonials page, and meet our team on the Attorneys and Staff page.
Porter Law Group represents injured workers and their families in third-party construction accident claims throughout New York State.
New York City. New York City construction sites involve some of the most complex third-party liability structures in the state, with multiple general contractors, subcontractors, and government entities frequently involved on the same project. Government-owned properties including NYCHA buildings, MTA projects, and NYC Department of Design and Construction worksites each require a Notice of Claim within 90 days of the accident. We handle third-party claims across all five boroughs.
Long Island. We represent workers injured on construction sites across Nassau and Suffolk Counties in third-party claims against property owners, general contractors, and equipment suppliers.
Westchester and the Hudson Valley. Workers injured in construction accidents in White Plains, Yonkers, and across Westchester County are served by our team, including cases involving county-owned properties with their own Notice of Claim requirements.
Syracuse and Central New York. We handle third-party construction accident claims throughout Onondaga County and the surrounding region. New York Labor Law protections and the third-party claim framework apply statewide on every construction site.
Buffalo and Western New York. Workers injured on construction sites across Erie and Niagara Counties can reach our team for a free consultation at any time.
Upstate New York. We handle third-party construction accident claims in Albany, Rochester, Utica, Binghamton, and communities throughout New York State.
Yes. Workers' compensation and a third-party personal injury lawsuit are entirely separate proceedings. Workers' compensation is a no-fault claim against your employer's insurer. A third-party lawsuit is a civil claim against a property owner, general contractor, equipment manufacturer, or another party who is not your direct employer. New York law specifically allows both to proceed simultaneously. The exclusivity bar that prevents you from suing your employer does not apply to any other party whose negligence contributed to your accident.
Under New York Workers' Compensation Law Section 29, when you recover money through a third-party lawsuit, your workers' comp carrier has a statutory right to be reimbursed for the benefits it paid from your recovery. This is the workers' comp lien. Under the Burns v. Varriale framework, the lien is reduced by the carrier's proportionate share of the litigation costs, including attorney's fees and expenses, incurred to obtain the recovery. The lien must be resolved as part of any third-party settlement under WCL Section 29(5), which requires either the carrier's written consent or a court compromise order. Despite the lien, the total net recovery from a successful third-party lawsuit combined with workers' comp benefits almost always produces a significantly higher outcome than workers' compensation alone.
A third party is any person or entity that is not your direct employer or a co-worker acting within the scope of their employment. In construction accidents, the most common third parties are the property owner, the general contractor, other subcontractors on the site, equipment manufacturers, and equipment rental companies. Government entities that own or manage the construction site are also third parties, though they carry different deadline requirements under the Notice of Claim rules.
For claims against private property owners, developers, and general contractors, you have three years from the date of the accident under CPLR Section 214(5). For wrongful death claims, the deadline is two years from the date of death under EPT Section 5-4.1. If a government entity is involved, you must file a Notice of Claim within 90 days under General Municipal Law Section 50-e, followed by your lawsuit within one year and 90 days. Filing a workers' comp claim does not extend any of these deadlines.
Undocumented workers in New York have the same rights under New York Labor Law and the workers' compensation system as any other worker on a construction site. Immigration status does not affect your right to file a third-party claim or recover full compensation for your injuries. Our attorneys handle these cases with complete confidentiality.
The scope and enforceability of any release you signed depends on its specific language, when you signed it, whether you had legal counsel at the time, and what claims it purports to cover. In some circumstances, releases can be challenged or may not cover all available claims. If you signed a document after a construction accident and are unsure what rights you have retained, speak with an attorney before assuming you have no recourse.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
If you were seriously injured in a construction accident in New York, workers' compensation may be covering your medical bills, but it is almost certainly not covering the full scope of what you have lost. A third-party claim against the property owner, general contractor, or other responsible parties is how you access the compensation that reflects what a serious injury actually costs.
Porter Law Group is ready to help. Call us at (833) 767-8379 or email info@porterlawteam.com for a free, confidential consultation. We handle third-party construction accident claims on a contingency fee basis, which means you pay nothing unless we win your case.
Call 833-PORTER9 | Available 24/7 | No fee unless we win
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship. *By appointment only.
The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying, or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis, or treatment. Attorney Advertising.
We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.
Copyright © 2026, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin
