Filing a Workers’ Compensation Claim

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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’ compensation claim? Contact the Law Offices of Brian J. Elbaum today for a free case evaluation.

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