Filing a Workers’ Comp Claim

Do you have questions about filing a workers’ comp claim while collecting benefits in New York? Watch this video, then give our office a call for guidance.


Can I file a lawsuit against persons or entities that caused my injury even if I am collecting workers’ compensation benefits in New York?


Filing a Workers' Comp Claim We often get the question, “Will I be able to get compensation for personal injuries because of a construction accident while I was on the job, even though I’m getting workers’ compensation benefits from my employer?” The answer is, very possibly, yes. If there were other entities that were involved as third parties— an owner of the property, a general contractor, etc. — you very well may have a separate third-party action against the general contractor and against the owner of the property, or maybe other third parties, depending on what happened.

In fact, there are certain areas of law, 240 of the Labor Law, where you could pursue a claim against a general contractor and the owner, even if they don’t do anything relevant to the means and methods of the work that’s being done. So, the answer is, yes, you can very well have a claim against others for the injuries you sustained while employed as a construction worker.

Have you been seriously injured on a construction site and have questions about filing a workers’ comp claim? Contact experienced New York Construction Accident Lawyer at the Law Offices of Brian J. Elbaum today for a legal consultation to learn what your case is worth.

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