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