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Construction Worker Injured At Work. Who’s To Blame?

November 17, 2011

When representing a New York construction worker who is injured at work, the case is referred to as the third-party action.  The third-party action is separate, and in addition to, the Workers’ Compensation Claim.  One significant difference between the 3rd-party case and the Workers’ Comp. claim is that the 3rd party case requires a showing of statutory liability or fault or negligence in order to win the case.  So, an initial question is whether anyone is legally liable; in other words, who is to blame?

The final answer takes place when the case is concluded.  The heart of the question, at the beginning of the case, really is who should be sued; or what companies should be asked to compensate the worker’s injuries, pain, suffering and damages?  Party depositions, photographs, applicable laws, codes, standards and regulations, and the findings of one or more expert consultants, will come into play.  A typical conclusion will involve fault and responsibility being apportioned amongst the construction site owner, the general contractor and one or more of the job’s subcontractors.

When those companies failed to exercise reasonable care for the work being performed, the worker was unreasonably placed at risk of physical harm.  Perhaps it was the failure of the general contractor to safely control its subcontractor that caused the dangerous conditions that caused the worker’s incident and injuries.  Every one of these cases is different in some fashion, but for every case we always strive to resolve it as favorably as possible.  We understand how important the case is for the injured worker.

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