Construction accidents often involve more than one mistake, such as faulty scaffolding, falling tools, and careless subcontractors. Many of these incidents trace back to multiple layers of negligence. After an injury, who you can sue depends on who caused the harm and how they failed to protect you.
Our Long Island construction accident lawyers identify every liable party. That might include general contractors, site owners, property managers, or even equipment manufacturers.
New York law gives injured workers more options than many states. But time matters, and the process isn’t simple. The sooner we step in, the stronger your case will be.
Understanding Third-Party Liability in Construction Accidents
While workers’ compensation bars lawsuits against your employer in most cases, it doesn’t block you from suing a third party. As your Long Island personal injury lawyers, we determine whether outside companies or individuals created unsafe conditions that led to your harm.
Third-party claims might apply if:
- A subcontractor from another company created a hazard.
- A property owner failed to maintain safe conditions.
- A tool or machine had a dangerous defect.
- An architect, engineer, or inspector made serious mistakes.
Each of these entities has a separate legal duty to protect workers and others on-site. When they break that duty and someone gets hurt, we hold them accountable.
Can We Sue the Property Owner?
Yes.Under New York Labor Law § 240, also known as the Scaffold Law, property owners and general contractors must protect workers from height-related risks. This includes falls from ladders, scaffolds, and other elevated surfaces.
Unlike many states, New York law assigns “absolute liability” in certain situations. If equipment or site conditions failed and caused your injury, the owner or general contractor cannot shift blame, even if you made a mistake.
These cases often involve:
- Lack of guardrails
- Inadequate fall protection
- Improperly installed scaffolds or platforms
Our Long Island construction accident attorneys review your injury details to determine whether this strict liability law applies.
What About Contractors and Subcontractors?
If you didn’t work for the subcontractor who created the hazard, we may file a claim against them. Every contractor on a site must follow safety protocols, even when their work overlaps with other trades.
Examples include:
- A plumbing subcontractor blocks a walkway with tools.
- An electrical team fails to mark a live wire.
- A demolition crew skips safety checks before knocking down a wall.
These incidents are more than accidents—they’re violations. We examine OSHA records, internal documents, and witness reports to uncover how safety broke down.
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Can We Sue a Product Manufacturer?
Absolutely. If defective equipment contributed to your injury, a product liability claim may apply. These cases focus on flaws in design, manufacturing, or safety instructions for:
- Power tools
- Ladders or scaffolds
- Cranes or forklifts
- Protective gear
Under New York product liability law, you don’t need to prove the manufacturer knew the product was dangerous, only that it was unreasonably unsafe when it left their control. This is strict liability.
We work with engineers and safety experts to determine what failed and why it never should have been on-site.
What if the City or State was Involved?
If your construction site was on public property, a city agency or municipal authority may share liability. In those cases, the timeline changes. New York General Municipal Law § 50-e requires a Notice of Claim within 90 days of the incident.
That step comes before a lawsuit and must go to the right public entity. Our attorneys help clients work with these deadlines and avoid early case dismissal.
When Does Workers’ Compensation Limit Legal Options?
Workers’ compensation usually blocks lawsuits against your direct employer. But it only covers:
- Medical care
- Partial wage replacement
- Certain disability benefits
It doesn’t pay for:
- Pain and suffering
- Emotional trauma
- Loss of future income
- Loss of enjoyment of life
That’s where third-party lawsuits come in. Our Long Island construction accident attorneys build full cases, not just insurance claims.
How Long Do I have to Sue in New York?
In New York, CPLR § 214 gives you three years from the injury date to file most construction accident lawsuits. That timeline shortens in some cases:
- You only get one year for intentional harm.
- You must file a Notice of Claim within 90 days against public entities.
- Delays may be allowed if the injury wasn’t immediately known.
Waiting risks lost evidence, missed witnesses, and denied claims. We move quickly to protect your rights and preserve your case.
What Damages Can We Recover After a Construction Accident in New York?
Every injury leaves a different mark. Our job is to make sure your legal claim reflects that. Depending on your case, we may pursue compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Physical pain and emotional suffering
- Permanent disability or disfigurement
- Punitive damages in extreme misconduct cases
We work closely with experts to document your full losses—not just bills and pay stubs, but everything you’ve lost due to someone else’s negligence.
Why Our Legal Team Makes a Difference
Construction site lawsuits involve more than filing a stack of forms. They require detailed investigation, technical knowledge, and strong advocacy. Our team offers:
- In-house investigators
- Access to safety and engineering experts
- Direct communication with your lawyer
- Ongoing case updates and responsive support
You shouldn’t have to chase answers or wonder if someone is doing the work. At Levine And Wiss, we handle your case personally and thoroughly from the first call to the final resolution.
How a Long Island Construction Accident Lawyer Builds a Strong Liability Case
If you’re wondering who to sue after a construction accident, let us answer that and every other question. At Levine And Wiss, our Long Island construction accident lawyers bring over 100 years of combined experience to every case. We focus on third-party liability claims and fight for clients when safety lapses change lives.
Whether your injury involved scaffolding, machinery, careless contractors, or defective equipment, we’re here to help. You can speak directly with an attorney, schedule a virtual or in-person appointment, and get the legal guidance you need to move forward.
We’ll call you back. We’ll show up. And we won’t stop until we’ve done everything we can for you.
