If you are hurt on a New York City construction site, you usually have two separate claims. Workers’ compensation pays your medical care and part of your lost wages no matter who was at fault, but it bars most lawsuits against your own employer. A third-party lawsuit against the property owner, general contractor, or another company can recover what comp never pays, including pain and suffering.
Many injured workers take the comp benefits and never learn the second claim exists. Here is how the two fit together and who can be held responsible.
Key Takeaways
- Workers’ compensation pays medical bills and a portion of lost wages regardless of fault, but generally prevents you from suing your employer (Workers’ Compensation Law §11 and §29(6)).
- You can still sue third parties such as the owner, general contractor, other subcontractors, or equipment makers.
- Labor Law §240(1), §241(6), and §200 make owners and contractors responsible for many NYC construction injuries.
- Notify your employer in writing within 30 days (WCL §18) and file your comp claim within two years (WCL §28).
- The comp carrier gets a lien on any third-party recovery under WCL §29, but it must share in the legal costs, and you need its consent or court approval before settling.
What does workers’ compensation cover?
Comp pays for reasonable medical treatment related to the injury and cash benefits based on your average weekly wage, subject to a state maximum that is adjusted each year. In exchange, workers’ compensation is generally your only remedy against your direct employer.
What comp does not pay is significant: no pain and suffering, no full wage replacement, and no compensation for loss of enjoyment of life. For a serious injury, those losses are often the largest part of the case.
Who can you sue besides your employer?
On most NYC job sites, the person who employs you is a subcontractor. That leaves several possible third-party defendants:
- The property owner, who has non-delegable duties under the Labor Law
- The general contractor or construction manager running the site
- Other subcontractors whose workers or equipment caused the accident
- Manufacturers of defective ladders, scaffolds, hoists, or tools
- Drivers, if you were hit by a vehicle while working
Our recent truck accident liability post shows the same principle: there is usually more than one responsible party.
How do New York’s Labor Laws help construction workers?
Three statutes do most of the work:
- Labor Law §240(1), the Scaffold Law, imposes absolute liability on owners and contractors for falls from height and falling objects when proper safety devices were not provided. Read more in how Labor Law 240 protects workers.
- Labor Law §241(6) makes owners and contractors responsible when a violation of a specific Industrial Code rule causes an injury, such as trip hazards, unguarded openings, or unsafe equipment.
- Labor Law §200 codifies the general duty to keep the workplace reasonably safe.
What happens to your comp benefits if you win a lawsuit?
Under WCL §29, the comp carrier has a lien for the benefits it paid and gets reimbursed from the third-party recovery. The carrier must contribute its fair share of the legal fees and costs, which lowers what it takes back. It may also receive a credit against future benefits.
Do not settle a third-party case on your own. Under WCL §29(5), settling without the carrier’s written consent or a court order can cut off your future comp benefits. Coordinating both claims is a large part of what a construction accident lawyer does.
What are the deadlines?
- 30 days to give your employer written notice of the injury (WCL §18)
- Two years to file a workers’ compensation claim (WCL §28)
- Three years to file a third-party negligence or Labor Law lawsuit (CPLR §214)
- 90 days to file a notice of claim if a city agency or public authority owns the site (General Municipal Law §50-e)
Hurt on a NYC Construction Site?
Workers’ comp is only part of what you may be owed. The NYC construction accident lawyers at Keith D. Silverstein & Associates have recovered millions for injured workers and know how to pursue a third-party claim while protecting your comp benefits. Call 212-385-1444 for a free consultation.
Keith D. Silverstein · Admitted to the New York Bar, 1987 · Read Keith’s bio
Published November 11, 2026 · Last reviewed November 2026
This article is general information about New York law, not legal advice, and does not create an attorney-client relationship. Every case is different. Attorney Advertising.
