Construction Accident — No Win No Fee
Construction site injuries can be pursued through workers' compensation and third-party lawsuits on a contingency fee basis. Third-party claims against general contractors, property owners, and equipment manufacturers allow injured workers to recover full damages beyond workers' comp benefits.
What Is the Difference Between Workers' Comp and Third-Party Claims?
Direct Answer: Workers' comp provides no-fault benefits but limits damages (no pain and suffering). Third-party claims allow full damages against negligent parties other than your employer — such as general contractors, equipment manufacturers, or property owners. Construction accident attorneys work on contingency.
Workers' compensation provides benefits regardless of fault but limits the damages available — there is no recovery for pain and suffering. Third-party claims against parties other than the employer allow injured workers to recover the full spectrum of damages, including pain and suffering, future lost earnings, and loss of enjoyment of life.
OSHA and the Fatal Four
The Occupational Safety and Health Administration (OSHA) regulates workplace safety on construction sites. OSHA identifies four leading hazard categories responsible for the majority of construction fatalities:
- Falls — from scaffolding, ladders, roofs, and elevated work platforms
- Struck-by — being hit by falling objects, vehicles, or equipment
- Electrocution — contact with power lines, faulty wiring, or ungrounded equipment
- Caught-in/between — being caught in or compressed by equipment, machinery, or collapsing structures
New York's Scaffold Law
New York Labor Law § 240(1), known as the "Scaffold Law," is one of the most powerful worker protection statutes in the United States. It imposes absolute (strict) liability on property owners and general contractors for gravity-related injuries to workers — including falls from heights and injuries from falling objects. The law does not permit comparative negligence as a defence.