Third-Party Claims vs. Workers’ Comp: How a New York Construction Accident Attorney Maximizes Recovery

Third-Party Claims vs. Workers’ Comp: How a New York Construction Accident Attorney Maximizes Recovery

Construction work in New York is risky. Most workers assume that workers’ compensation is the only safety net they’ve got, but many don’t realise that third-party claims exist. The tricky part is figuring out how workers’ comp and third-party claims can (and sometimes should) work together. That’s exactly why you need a seasoned New York construction accident attorney.

Workers’ Compensation in New York Accidents

Workers’ comp usually kicks in when you get hurt on-site in New York, no matter who caused the accident. That means your hospital bills are covered, a portion of your wages still comes in, and if you can’t get back to work right away, disability benefits help bridge the gap.

The trouble is, workers’ comp doesn’t cover everything. You won’t get a dime for pain and suffering, and the wage replacement checks are usually far less than what you were earning before the accident.

Another catch is that once workers’ comp steps in, your employer is generally shielded from being sued. That means you can’t just take your boss to court for unsafe conditions or sloppy supervision.

So, what are your other options?

What are Third-Party Claims?

Job sites in New York include contractors, subcontractors, property owners, and equipment suppliers. When one of them cuts corners and that shortcut causes your injury, you may have grounds for a third-party claim.

So what’s the difference? Unlike workers’ comp, a third-party claim is basically a lawsuit against someone other than your employer. For example, if a defective power tool sparks and burns your hand, you’re not stuck with workers’ comp alone. You might also have a case against the manufacturer. Or if a general contractor ignored safety rules and left a site hazardous, they could be held accountable.

The big advantage is that third-party claims can cover the losses workers’ comp ignores. We’re talking about compensation for pain and suffering, the wages you’ll miss years down the road, and even future medical care that workers’ comp might shrug off.

Of course, third-party claims aren’t automatic. You’ve got to prove negligence, and that takes evidence, strategy, and timing. That’s where a New York construction accident attorney earns their keep. They know how to trace responsibility through contractors and suppliers, and understand which claims actually stand a chance in court.

How a New York Construction Accident Attorney Maximizes Recovery

First, they make sure you’re getting workers’ comp without delays. Then, they gather the evidence, such as accident reports, witness statements, safety logs, photos of the site, and even expert inspections of faulty equipment.

Then comes negotiation. Insurers often lowball claims, hoping you’ll settle just to get some quick cash. A lawyer ensures that every medical expense, lost paycheck, and future cost is accounted for. If the insurance company refuses to play fair, they’re ready to take the case to court.

Conclusión

Getting injured on a New York construction site is stressful enough, so figuring out how to protect yourself financially shouldn’t add to that burden.

If you’ve been injured on the job and feel unsure about your next steps, don’t wait: reach out to Alex Yadgarov & Associates. Contact them on 866-995-9035 or email info@yadgarovlaw.com. You worked hard, and now it’s time to make sure you get what you rightfully deserve.