Content reviewed by:
Alex Shulman
Yes, you may be able to sue a contractor who is not your direct employer, such as the general contractor, a subcontractor, or the property owner. Workers’ comp usually blocks a lawsuit against your own boss, but not against the other companies on the job site. Who you can sue depends on who ran the work and which safety law was broken.
Suing a contractor after a construction accident on Long Island often runs alongside a workers’ compensation claim, not in place of it. At Shulman & Hill Injury Lawyers, a construction accident lawyer in Long Island looks at both claims together, since we handle workers’ compensation and personal injury under one roof.
Why Can’t You Usually Sue Your Own Employer?
Workers’ comp is generally your only option against your own employer. It pays medical bills and part of your lost wages, but not pain and suffering. In return, you usually cannot sue your employer, even if its unsafe habits caused your injury.
A lawsuit against another company is called a third-party claim. A general contractor, another subcontractor, or the owner may all be third parties. One catch: a company that ran your daily work may count as a special employer, which can shield it the same way.
Shulman & Hill looks at your pay records and who gave you orders to sort out which companies you can sue.
Which Labor Laws Apply When You Sue a Contractor After a Long Island Construction Accident?
Three parts of the state’s Labor Law come up in many job site cases. Each one works differently, and one accident can fit more than one. Shulman & Hill checks each one against the facts of your accident.
Labor Law § 240(1): The Scaffold Law
The Scaffold Law covers falls from heights and objects falling from above. Owners and contractors must give you proper safety gear, such as scaffolds, ladders, hoists, harnesses, and nets. If missing or failed gear causes your injury, they can be held liable even without proof of carelessness, and your own mistakes do not cut the award.
There are limits. The claim can fail if your conduct was the only cause of the accident, and owners of one- and two-family homes who do not direct the work are exempt.
Labor Law § 241(6)
Section 241(6) covers construction, demolition, and excavation work. To use it, you must point to a specific rule in the state Industrial Code that was broken, such as a rule on slippery floors, trench walls, or machine guards. A vague safety rule is not enough. Unlike the Scaffold Law, your own share of fault can reduce a § 241(6) award.
Labor Law § 200
Section 200 is the basic duty to keep a work site safe. If the injury came from how the work was done, the company usually must have had the power to control that work. If it came from a hazard on the site, the company generally must have caused it or known about it.
Is the General Contractor or the Subcontractor Liable?
The answer often depends on who controlled the work that hurt you. Here is how the rules generally split:
- General contractor: Under §§ 240(1) and 241(6), the general contractor is usually liable even if it did not do the work or was not on site that day.
- Subcontractor: A subcontractor is generally liable under those sections only if it had the power to run the work that hurt you.
- Any careless company: Under § 200 and ordinary negligence, any party that created a hazard or controlled unsafe work may be liable.
- Property owner: Owners carry the same Scaffold Law and § 241(6) duties as general contractors, with the narrow homeowner exception.
Contracts, daily logs, and safety meeting notes often show who was in charge of what. When suing a contractor for a Long Island construction accident, Shulman & Hill pulls these records early, because companies on the same site often point at each other.
Where Is a Construction Accident Lawsuit Filed on Long Island?
Serious injury cases usually go to the state Supreme Court for the county involved. Nassau County Supreme Court sits at 100 Supreme Court Drive in Mineola. Suffolk County Supreme Court hears civil cases in Riverhead, at 1 Court Street and 210 Center Drive.
You can generally file in the county where the accident happened or where you or a defendant lived when the case began. That means a worker hurt on a Suffolk job site who lives in Nassau may have a choice. The defense may ask to move the case, so plan for that.
Shulman & Hill has a Long Island office, which keeps meetings and court appearances close to where you live and work.
How Does Workers’ Comp Affect What You Recover From a Contractor?
A third-party lawsuit can pay for what workers’ comp does not, like pain and suffering and your full lost wages. It may also cover future care and lost earning power when the evidence supports them.
The workers’ comp carrier usually has a lien on your recovery for benefits it already paid. It may also get a credit against future benefits. You generally need the carrier’s consent or a court’s approval before you settle, or your ongoing benefits could be at risk.
Shulman & Hill has recovered more than $1 billion for clients, and handling both claims under one roof helps keep the lien and settlement steps in sync.
What Should You Do After a Construction Accident?
Job sites change fast, and evidence can disappear in days. If you can do so safely, take these steps:
- Report the injury to your employer in writing within 30 days and keep a copy.
- Get medical care and tell the provider exactly how you were hurt.
- Photograph the area, equipment, and any missing guardrails or safety devices.
- Write down the names of witnesses, your foreman, and the companies on site.
- Save pay stubs, work restrictions, and any texts or emails about the accident.
Deadlines also apply. A workers’ compensation claim generally must be filed within two years, and a lawsuit within three years, with shorter limits for claims against public agencies. Shulman & Hill tracks both sets of dates from the start.
Get Answers About Your Construction Injury Claim
You may be able to sue a contractor for a construction accident on Long Island even while you collect workers’ compensation. The key questions are who controlled the work, which Labor Law section fits, and which county the case belongs in.
Shulman & Hill works on contingency, so you pay no fee unless we win. Contact Shulman & Hill today for a free case review before evidence disappears or a deadline passes.