Published on September 22, 2026 by Surdez Perez Law
A serious construction injury can leave a worker focused on medical treatment, lost income, and getting back on their feet. It can also raise a less obvious question: is workers’ compensation the only legal option available? In New York, the answer can depend on how the accident happened, who was involved, and what the evidence shows. Construction accident lawyers can help examine those details and determine whether another party may have legal responsibility.
If you have already reported an accident or started a workers’ compensation claim, that does not necessarily mean every potential legal issue has been addressed. At Surdez & Perez PC, we offer a free consultation to help injured workers understand their options without adding unnecessary pressure during an already difficult time.
Workers’ compensation can provide benefits for eligible workplace injuries, including wage-related benefits during periods when an injury affects a worker’s ability to earn. New York Workers’ Compensation Board materials also recognize that certain claims may involve a third party, such as an equipment manufacturer or facility owner, when circumstances support a separate action.
Consider a worker who falls from scaffolding. The workers’ compensation process may be relevant because the injury occurred while working. However, an attorney may also need to examine the scaffold, the worksite, the companies involved, and the circumstances leading to the fall.
The important question is not simply, “Was this a workplace accident?” It is also, “Who else may have legal responsibility for what happened?”
Construction projects often involve multiple companies and layers of responsibility. Depending on the circumstances, an accident may raise questions involving a general contractor, subcontractor, property owner or equipment manufacturer.
New York law also contains specific protections relating to certain construction work and safety devices. For example, Labor Law Section 240 addresses scaffolding and other devices used to protect workers performing specified construction, demolition and repair work.
That does not mean every scaffold accident automatically creates the same claim. The facts, applicable law and circumstances of the project must be examined individually.
A thorough review can look beyond the injury itself. Depending on the accident, relevant information may include:
The goal is to understand the sequence: the injury, the worksite, the equipment, the people involved, the available evidence and the potential legal claims.
Workers should prioritize medical care and personal safety rather than putting themselves at risk to collect evidence. An attorney can help determine what information may be important and how it can be obtained.
Construction accident cases can involve multiple parties, insurance issues and time-sensitive evidence. An early review may help clarify what happened before important details become harder to establish.
At Surdez & Perez PC, clients work directly with experienced attorneys Silvia Surdez or Kevin Perez. Our firm represents injured construction workers and others affected by construction accidents throughout Queens, New York City and Long Island. With more than 50 years of combined experience, we focus on helping clients understand complicated injury claims while providing direct, personalized attention.
Workers compensation may be an important part of recovery after a construction injury, but it may not always be the end of the legal analysis. Construction accident lawyers can review the circumstances to determine whether another contractor, property owner, equipment manufacturer or other party may potentially be involved, depending on the facts and applicable New York law.
If you or a family member has been seriously injured, Surdez & Perez PC offers a free consultation to discuss what happened and what legal options may warrant further review. Call us at 718-482-1555 to speak with our team.
A construction accident may involve a third party when someone other than the injured worker’s employer may have contributed to the accident or injury. Depending on the circumstances, this could involve a contractor, subcontractor, property owner, equipment manufacturer or another non-employer party. New York Workers’ Compensation Board materials specifically recognize third-party actions in certain circumstances.
A contractor may potentially have legal responsibility depending on the work being performed, the contractor’s role, the conditions that caused the accident and the applicable New York law. Construction cases can involve specific statutory requirements as well as fact-specific questions about responsibility. An attorney can review the circumstances rather than assuming responsibility from the accident alone.
