When a construction worker is injured on a Buffalo job site, the immediate legal question is usually about workers’ compensation. But workers’ comp is not always the only avenue for recovery. In certain circumstances, New York law allows an injured construction worker to pursue a third-party civil lawsuit at the same time, and understanding how those two paths interact can significantly affect the total compensation available.
What Workers’ Compensation Covers and What It Does Not
New York workers’ compensation is a no-fault system. It covers medical treatment and replaces a portion of lost wages when a workplace injury prevents an employee from working. Injured construction workers do not need to prove their employer was negligent to receive workers’ comp benefits. The tradeoff is that workers’ compensation does not cover everything. It does not compensate for pain and suffering. It replaces only a portion of lost wages rather than the full amount. And it does not address the full financial impact a serious construction injury can have on a worker’s life.
These gaps are exactly what a third-party lawsuit is designed to fill.
When a Third-Party Lawsuit Is Available After a Buffalo Construction Accident
A third-party claim is a civil lawsuit filed against someone other than the direct employer. In Buffalo construction cases, potential third-party defendants include:
- Property owners who failed to maintain safe conditions on the job site
- General contractors responsible for overall site safety
- Subcontractors whose work or equipment created the hazard
- Equipment manufacturers when a product defect contributed to the accident
- Architects or engineers when design failures played a role
New York Labor Law Section 240, the Scaffold Law, creates a basis for third-party liability when gravity-related accidents occur on construction sites. New York Labor Law Section 200 extends that framework to general negligence claims. A Buffalo construction accident lawyer evaluates whether one or more of these statutes applies to the specific facts of an injured worker’s case.
The Role of New York Labor Law in Third-Party Claims
New York’s Labor Law statutes are among the strongest worker protections in the country. Section 240, the Scaffold Law, imposes absolute liability on property owners and general contractors when gravity-related accidents occur, including falls from scaffolds, ladders, rooftops, or being struck by falling objects. When this statute applies, the injured worker does not need to prove the owner or contractor was directly negligent. The absence of proper fall protection is itself sufficient.
How the Two Claims Work Together
The workers’ compensation claim and the third-party lawsuit run parallel. Filing one does not prevent the other, and an injured Buffalo construction worker does not have to choose between them. Workers’ comp benefits begin paying out while the civil case develops. If a third-party recovery is ultimately obtained, the workers’ compensation carrier has a right to be reimbursed for benefits it paid from that recovery, a process called a workers’ comp lien. An attorney handles the coordination of both claims, the calculation of the lien, and the negotiation of its reduction.
The practical effect is that pursuing both remedies together produces a substantially larger total recovery than workers’ comp alone. A civil claim allows recovery for pain and suffering and full wage loss, two categories the workers’ comp system does not address at all.
Hurwitz, Whitcher & Molloy is a Buffalo law firm concentrating in workers’ compensation, personal injury, and Social Security Disability cases, with more than 50 years representing injured workers and their families in Western New York.
Protecting the Full Value of Your Buffalo Construction Injury Claim
If you were hurt in a construction accident in the Buffalo area, speaking with a Buffalo construction accident lawyer about whether a third-party claim exists alongside your workers’ compensation case is one of the most important steps you can take toward recovering what your injury actually cost you.