In New York City, construction and industrial job sites are some of the most dangerous workplaces. While workers’ compensation typically covers medical expenses and lost wages for injured employees, it doesn’t always provide full justice—especially when a third party outside the employer is responsible. This is where third-party liability becomes critical.
At Rosenberg & Rodriguez, we help injured workers explore every avenue for compensation, including third-party lawsuits. If you’ve been injured on the job and believe someone other than your employer is to blame, we can help you determine if you have a viable third-party injury claim.
What Is Third-Party Liability?
Third-party liability occurs when someone other than your employer or coworker causes or contributes to your injury. While New York’s workers’ compensation system generally prevents employees from suing their employer, it does not restrict you from suing negligent third parties.
Examples of third parties in job site injury cases include:
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General contractors or subcontractors not employed by your company
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Property owners or landlords
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Equipment manufacturers
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Utility companies or delivery drivers
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Engineers, architects, or site inspectors
These claims are separate from workers’ comp and can provide additional compensation for pain and suffering, future lost wages, and other damages not covered under workers’ compensation.
Common Scenarios That Lead to Third-Party Claims
Third-party liability can arise in many ways depending on the nature of the job and the environment. Here are a few common examples we see in NYC:
1. Defective Equipment
If you were injured by a malfunctioning tool, scaffold, or heavy machinery, you may have a product liability case against the manufacturer or distributor. For instance, a defective nail gun or lift that malfunctions could create grounds for a lawsuit.
2. Negligent Subcontractors
Construction sites often involve multiple subcontractors. If another subcontractor’s negligence—such as poor electrical wiring or failing to secure overhead materials—leads to your injury, they could be held liable.
3. Unsafe Property Conditions
When injuries result from unsafe site conditions and the property is owned or managed by a party not affiliated with your employer, you may have a premises liability claim.
4. Vehicle Accidents at the Job Site
If you’re struck by a delivery truck, rideshare driver, or third-party vehicle while working, the driver or their employer could be liable for your injuries. For example, if a subcontractor’s truck causes a rear-end accident while transporting materials, and you are injured while loading equipment, you may have grounds to pursue compensation beyond workers’ comp.
Construction Workers and New York Labor Law
In New York, Labor Law Sections 200, 240(1), and 241(6) provide specific protections for construction workers. These laws can support third-party claims in addition to workers’ compensation.
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Labor Law 200 requires general safety on job sites.
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Labor Law 240, also known as the “Scaffold Law,” protects workers injured due to falls from heights or falling objects.
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Labor Law 241(6) allows injured workers to sue for violations of New York’s Industrial Code.
These laws place a strong duty on contractors and property owners to maintain safe working conditions.
What Compensation Can You Recover?
A third-party lawsuit allows injured workers to pursue economic and non-economic damages, such as:
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Full medical expenses (past and future)
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Lost income and diminished earning capacity
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
Workers’ compensation typically doesn’t cover pain and suffering, so a third-party claim may significantly increase the total compensation you receive.
How Do I Know If I Have a Third-Party Case?
You may have a third-party case if:
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Another company or entity was involved in your job site
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Faulty machinery or vehicles were used
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A contractor, property owner, or supplier created a hazardous condition
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A third-party individual acted carelessly on-site
At Rosenberg & Rodriguez, we perform a full investigation of your accident, review surveillance footage, obtain witness statements, and consult experts to determine liability.
What to Do After a Job Site Injury in NYC
If you are injured at work and believe a third party may be responsible, take the following steps:
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Seek immediate medical attention for your injuries.
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Report the injury to your supervisor and document the incident in writing.
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Take photos of the accident scene, equipment, or hazards involved.
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Get contact information from witnesses and anyone else on-site.
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Do not sign any settlement or liability waivers from insurance companies before speaking with an attorney.
Why Third-Party Claims Are Complex
Third-party cases require an entirely different legal strategy than workers’ comp claims. You’ll need to prove negligence, establish causation, and quantify damages—just like in any personal injury case. In many cases, multiple parties may share liability, and navigating insurance companies or large construction firms requires strong legal representation.
Why Choose Rosenberg & Rodriguez?
At Rosenberg & Rodriguez, we have deep experience handling both job site injuries and complex third-party claims. Our legal team knows how to build strong cases, negotiate with insurers, and take claims to trial when necessary. We are proud to serve injured workers throughout Brooklyn, Queens, Manhattan, and the Bronx. Whether you were injured by a careless subcontractor, a defective product, or an unsafe property condition, we’re here to fight for your rights.
Contact Our NYC Third-Party Liability Lawyers Today
If you’ve been hurt on the job and suspect a third party is to blame, don’t leave compensation on the table. Contact Rosenberg & Rodriguez today to schedule a free consultation. We’ll help you understand your rights, evaluate your claim, and take action to hold the responsible party accountable. Call us now or fill out our contact form to get started. You pay nothing unless we win your case.
