One of the primary legal options injured non-union workers have is to file a personal injury lawsuit against a third party, such as a general contractor, property owner, subcontractor, or equipment manufacturer, if their negligence caused your injury.
A construction accident lawyer can help you figure out which option applies to your situation, gather evidence, and fight for the money you need to cover medical bills, lost wages, and other damages.
You don’t need to be in a union to seek justice. An experienced non-union construction accident lawyer in Long Island can offer guidance in a confidential consultation.
Key Differences Between Union and Non-Union Workers
Union and non-union construction workers often do the same type of work, but the protections they receive can be very different. Union workers are part of a labor union that negotiates for fair wages, better working conditions, health benefits, retirement plans, and job security. They usually have access to legal support through their union if they’re injured on the job.
Non-union workers don’t have the same level of protection. They often work for lower pay, may not receive health or disability benefits, and can be let go more easily. If they get injured, they usually have to figure things out on their own without the backing of a union.
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Personal Injury Lawsuits for Injured Non-Union Workers
If you’re a non-union construction worker and someone other than your direct employer caused your injury, you may have the legal option to file a personal injury lawsuit. These lawsuits are often brought against third parties like general contractors, property owners, subcontractors, or equipment manufacturers.
Personal injury claims usually involve some form of negligence. For example, a contractor might have allowed unsafe working conditions, failed to provide proper safety training, or used faulty or poorly maintained equipment. When this kind of carelessness leads to an injury, the responsible party can be held legally accountable.
Recoverable Damages
Through a personal injury lawsuit, you can pursue compensation for all your accident-related losses. Your attorney will calculate all your past and current expenses to file a detailed claim. They may also collaborate with experts from different fields to estimate future losses.
Types of economic and non-economic damages you could get include:
- Medical bills
- Future medical expenses
- Lost wages
- Lost earning potential
- Pain and suffering
- Loss of enjoyment of life
You Have a Deadline to File a Personal Injury Lawsuit
Every state has a statute of limitations that determines how much time you have to take legal action against the responsible party. In New York, you generally have up to three years to file a lawsuit against the person or company at fault. This deadline is set by a state law known as CPLR 214(5).
Common Third Parties That May Be Held Liable for a Non-Union Worker Construction Accident
In many construction accident cases, the injured worker’s employer is not the only party responsible. Several other people or companies could be legally liable for your injuries, including:
- General contractors: They oversee the entire project and are responsible for maintaining a safe work environment. If they fail to enforce safety rules, they can be held accountable.
- Property owners: Owners of the land or building where the accident happened may be liable if they didn’t ensure the site was safe.
- Subcontractors: These companies handle specific parts of the job. If their workers or equipment caused the accident, they might be responsible.
- Equipment manufacturers: If faulty or dangerous equipment caused your injury, the manufacturer could be held liable for producing unsafe products.
- Safety supervisors: Individuals in charge of safety who neglect their duties may also be responsible for accidents.
Identifying all liable parties is important because it helps build a stronger case and increases your chances of receiving fair compensation.
Labor Law Protections in New York
New York has strong labor laws that protect construction workers, including non-union workers. Two important laws are Labor Law Sections 240 and 241.
These laws apply to all construction workers in New York, whether they’re part of a union or not. If you’re a non-union worker hurt in a fall or due to unsafe conditions, these protections may help you hold the responsible parties accountable and recover the compensation you deserve.
Labor Law Section 240
Labor Law Section 240, often called the “Scaffold Law,” protects workers who are injured in falls from heights or by falling objects. It holds property owners and contractors strictly responsible when safety measures (like harnesses, ladders, or scaffolding) aren’t properly used.
Labor Law Section 241
Labor Law Section 241 provides additional safety rules for construction, demolition, and excavation work. It covers things like proper site maintenance, protective gear, and safe working conditions. If these rules aren’t followed and someone gets hurt, the injured worker may have a strong legal case.
An Experienced Non-Union Construction Accident Lawyer Will Review Your Options
If you’ve been injured working on a non-union construction site, an experienced lawyer from our team will help you understand your legal rights and options. We will review the details of your accident, explain which types of claims you may have, and guide you through the process step by step.
Chaikin Trial Group Personal Injury Lawyers has over 50 years of combined legal experience protecting the rights of people like you. So far, we have recovered more than $100 million for our clients, and we continue to fight for the maximum compensation with every case. Call today to schedule a confidential consultation.
