Although the construction industry is dangerous, it can become even more so when a construction company’s contractor hires negligent subcontractors. Although you should be able to trust that your job site is safe, with a reckless subcontractor on-site, the risk of injury is high.

If you suffered work injuries caused by a negligent subcontractor in New York, you might have the right to total compensation for your damages. Fortunately, Hecht, Kleeger & Damashek, P.C. is here and ready to help you find and prosecute the responsible party. Call (212) 490-5700 for a free consultation today.

Who Are Subcontractors?

Subcontractors are responsible for helping contractors complete construction projects. General contractors hire them to perform specific tasks or services in a particular area of construction site expertise.

For example, general contractors may hire subcontractors to do carpentry, wire the construction site with electricity, or fix plumbing issues.

Subcontractors are not general contractors’ employees. They work together to complete construction projects, but subcontractors are independent professionals taxed as independent contractors instead of salaried employees.

These subcontractors’ relationship with the general contractor is not protected under state or federal employment laws. Instead, the terms of their signed contract determine when they can be held accountable for injuries that occur on a construction work site.

What is Negligence on the Work Site?

On the worksite, negligence refers to a person’s failure to act in a reasonable or safe manner. For subcontractors to be held accountable for their actions, your attorney must show that their negligent conduct was the cause of your injuries.

However, in many cases, instead of pursuing a lawsuit or insurance claim against the subcontractor who has a contract with the general contractor, you might pursue legal action against another party.

Who is Responsible for Subcontractors on a Job Site?

When subcontractors are hired for construction site work, the general contractor who hired them is ultimately responsible for the actions of their subcontractor. Therefore, if a subcontractor’s negligence caused your injuries, instead of pursuing legal action against the subcontractor, you would instead pursue legal action against the general contractor that hired the subcontractor

From there, the general contractor could file a civil lawsuit against the subcontractor to recoup the damages they paid out in your claim. However, your attorney will carefully evaluate the cause of your injuries to determine whether a subcontractor, general contractor, or some other third party is responsible for your damages.

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How to Pursue a Third-Party Liability Case

In subcontractor negligence cases, there are several ways in which you could recover compensation for your suffering. These options could include the following:

  • Seeking workers’ compensation benefits if you are an employee who was injured in a work-related accident
  • Filing a claim with the liable party’s insurance company
  • Pursuing a civil lawsuit against the subcontractor, general contractor, or other liable parties

In some instances, subcontractors may sue other subcontractors if another subcontractor’s negligence was the cause of their injuries. However, cases of this nature are often complex.

Pursuing a third-party liability claim usually requires the legal guidance and support of an experienced construction accident attorney.

You can find out what legal options are best suited for your case and how to move forward with a third-party liability lawsuit by contacting our New York personal injury attorneys for help.

What Damages Can I Pursue?

In your third-party liability lawsuit, you have the right to seek compensation for every loss. Unlike workers’ compensation claims which limit the types and amounts of benefits and compensation you can be awarded, a civil lawsuit allows you to recover your damages in their entirety.

Some examples of losses you could recover as part of your construction accident lawsuit include the following:

  • Reduced earning potential
  • Lost wages from taking time off work
  • Medical bills
  • Medical equipment
  • Costs of future medical care
  • Pain and suffering
  • Mental anguish
  • Reduced quality of life
  • Loss of consortium
  • Skin scarring and disfigurement
  • Reputational damage and inconvenience

Do Subcontractors Carry Liability Insurance?

Subcontractors will typically carry general liability insurance coverage as small business owners. Many independent contractors will take steps to protect themselves financially by purchasing general liability insurance coverage.

This means you may be able to file an insurance claim with the subcontractor’s insurance provider if their negligence is responsible for causing your injuries. However, keep in mind that pursuing legal action against a subcontractor is often more challenging than you might expect.

Make sure you have an experienced construction accident attorney working for you if a subcontractor is responsible for causing your injuries.

How a New York Construction Site Accident Lawyer Can Help

Having a reputable New York personal injury attorney on your side could be in your best interest if you hope to get the most out of your claim. When a subcontractor causes injuries on a worksite, you need an assertive legal advocate to fight for your right to maximum compensation. With HKD on your side, you can rely on us to:

  • Present evidence in court or to the insurance company
  • Organize the evidence needed to prove liability in your case
  • Identify and obtain witness statements
  • Hire experts to testify in your construction accident lawsuit
  • Quantify your damages, so you are awarded maximum compensation for your suffering
  • Advocate for total restitution at trial
  • Provide you with updates when there are changes to your case
  • Be available for communication when you have questions, concerns, or need to speak with your attorney

Call HKD For Assistance in Your Case

Negligent subcontractors need to be held accountable. Construction sites should have a high standard of care. Negligent subcontractors pose a risk to everyone on the job site.

If you suffered injuries due to a subcontractor’s negligence, and you do not know where to turn for help, reach out to our experienced New York construction accident attorneys at Hecht, Kleeger & Damashek, P.C. to schedule your no-cost, risk-free consultation today when you call our office at (212) 490-5700 or complete our quick contact form.

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Serious Lawyers “I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal…

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