From major projects in Midtown and Lower Manhattan to residential builds in Brooklyn, Queens, and the Bronx, construction workers play a central role in shaping New York City’s skyline. Many of those workers don’t have the status of an employee, yet occupy these dangerous and critical jobs as independent contractors.
When a serious construction accident happens, many of those essential workers hear some version of the same troubling phrase from employers or insurers: “You are an independent contractor, so you are on your own.”
At The Perecman Firm, we know that you’re not on your own. We have your back. Many independent contractors injured on New York construction sites do have legal options, even when a company claims otherwise. In some cases, the worker was misclassified and should have been treated as an employee. In other cases, a separate lawsuit may be available against property owners, developers, or contractors whose negligence caused the injury.
Let’s explore your options together. Call The Perecman Firm today or contact us online to complete your free, no-pressure consultation about how a New York City construction accident lawyer can help seek fair compensation for your injuries.
Key Takeaways: Filing Construction Accident Claims in NYC as an Independent Contractor
- Independent contractors can sometimes file construction accident claims in New York, generally when they’ve been misclassified in their employment status.
- Worker classification is often incorrect, and misclassification is common in the construction industry.
- Misclassified workers may qualify for workers’ compensation benefits, and we will explore this possibility in your case.
- Truly independent contractors may have the right to file a personal injury lawsuit after a construction accident.
- Lawsuits stemming from construction injuries often involve unsafe work sites, falling objects, scaffolds, and heavy equipment.
- Compensation for your damages may include medical expenses, lost income, pain and suffering, and the cost of being permanently disabled.
- Your case will require hard work, time, and a strong knowledge of New York’s statutes.
- Don’t wait to call The Perecman Firm today for your free consultation.
Independent Contractors and Construction Accidents in New York
New York and federal law recognize that construction sites are inherently dangerous. That reality is why state law places strict safety responsibilities on owners, developers, and contractors. However, your options for seeking compensation after an accident depend heavily on how your work relationship is defined.
If you are classified as an independent contractor, you are typically excluded from traditional workers’ compensation coverage. Your employer may rely on that distinction to argue they are not responsible for your injuries. But your employer’s classification alone does not determine your rights.
At The Perecman Firm, we regularly see construction workers incorrectly labeled as independent contractors, even though their working conditions tell a very different story. And, if you are truly an independent contractor, you may have grounds to file a lawsuit against one or more parties with liability for your injuries.
When Can Independent Contractors File Construction Accident Claims?
When we say “claim,” we are referring to a workers’ compensation claim. Independent contractors generally cannot file workers’ compensation claims under the insurance policy of the person or organization for whom they work.
However, you may still be able to pursue compensation through other legal avenues, including:
- A personal injury lawsuit against a negligent third party
- A lawsuit under the New York Labor Laws
We will evaluate your eligibility to file a lawsuit, a process with which we are familiar. However, there is also a chance that you can file a workers’ compensation claim.
Misclassification of Independent Contractors in Construction Work Can Affect Your Pathways to Compensation
Misclassification is one of the most common problems in New York’s construction industry. Many companies label workers as independent contractors to reduce costs, avoid insurance obligations, and limit legal exposure. Applying that label does not automatically make it accurate.
New York law imposes specific criteria for independent contractors. A close examination of your employment status may reveal that you are not a contractor but an employee.
Signs You May Have Been Misclassified
You may have been misclassified as an independent contractor if:
- You were required to follow detailed instructions from supervisors
- Your schedule was controlled by the company you were completing work for
- You used company-provided tools, equipment, or safety gear
- You worked exclusively or primarily for one company
- You did not truly have the freedom to accept or reject assignments without repercussion
- You were paid hourly or weekly rather than by project
If one or more of these factors sound familiar, there is a strong chance you should have been treated as an employee, not an independent contractor. If so, you may be eligible for coverage under workers’ compensation insurance.
At The Perecman Firm, we carefully review work arrangements, payroll records, contracts, and on-site practices to identify misclassified contractors. This analysis often opens the door to workers’ compensation benefits that injured workers were initially told they did not qualify for.
Your Workers’ Compensation Rights (If You Were Misclassified)
When a worker is misclassified, New York law does not allow an employer to escape responsibility simply by using the wrong label. If you were functioning as an employee, you may still be entitled to workers’ compensation benefits, including:
- Complete coverage for medical treatment
- Partial wage replacement during your recovery period
- Benefits for permanent injuries or disabilities
Workers’ compensation claims involving misclassification can be contentious. Employers and insurers frequently deny these claims, forcing injured workers to fight for recognition of their actual employment status.
Our attorneys have experience in challenging these denials. We understand how insurers evaluate classification disputes and how to present evidence that reflects the reality of your work on the job site.
When Independent Contractors Can File Lawsuits
It’s not a given that either a workers’ compensation claim or a lawsuit is the better option for you. We want to start by examining your options, then help determine which course of action makes the most sense.
Filing a lawsuit may be one of those courses of action available to you.
If you are truly an independent contractor, filing a personal injury lawsuit may be your best opportunity to secure compensation. Unlike workers’ compensation claims, lawsuits require proof of fault but can also allow recovery for a broader range of damages than insurance covers.
Independent contractors are often permitted to sue third parties whose negligence contributed to their injuries. In construction cases, those third parties may include
- Property owners
- Developers
- General contractors
- Subcontractors
- Equipment manufacturers
- Scaffold or safety system providers
At The Perecman Firm, we identify and assess every potentially responsible party. Construction projects in New York City often involve multiple stakeholders, especially on large-scale projects in areas such as Hudson Yards, Downtown Brooklyn, or Long Island City.
Cases like this are significant undertakings, but they’re worthwhile for the injured party. Let us lead your case so you can remain focused on your recovery.
Common Construction Injury Scenarios for Independent Contractors
Our attorneys have seen many construction accident victims in our years serving New York City. In fact, we’ve seen far more than we would like, as we would prefer that construction workers not have to suffer from others’ negligence.
Some of the most common accident types that can leave independent contractors (and employees) injured are:
- Falls from heights, such as scaffolds, ladders, or rooftops
- Being struck by falling tools or construction materials
- Crane and hoist accidents
- Trench collapses
- Electrical shocks or burns
- Heavy machinery malfunctions
- Structural collapses
These and other accident scenarios raise different legal questions about fault and responsibility. Our team conducts comprehensive investigations into site conditions, safety logs, surveillance footage, witness statements, and other relevant factors in our clients’ cases.
We employ a tireless, detail-driven approach that construction workers appreciate.
Why Independent Contractor Claims Are Uniquely Difficult (and Worth Retaining an Experienced Attorney For)
Claims involving independent contractors present unique challenges, making it especially important that you engage a capable attorney right away. Some of the challenges we have conquered in cases like yours include:
Classification Disputes
Employers often insist that a worker is an independent contractor to avoid liability. Proving otherwise takes convincing evidence, and that’s the kind of evidence we gather during our exhaustive investigations.
Multiple Defendants
Large construction projects involve many parties, each with its own insurers and legal teams. Coordinating claims against multiple defendants is complex but possible when you have effective representation.
Aggressive Insurance Defense
Insurance companies are aware that these cases carry high financial stakes. They often move quickly to blame victims, limit payouts, and even deny responsibility altogether.
We don’t stand for such bad-faith tactics, though we recognize they are always possible when seeking compensation for injured client.
Highly Technical Evidence
Construction-related claims and lawsuits often involve highly technical evidence. Our lawyers have a deep understanding of the industry, but we also rely on highly qualified experts to interpret and leverage this evidence.
The Perecman Firm has spent decades handling complex construction accident litigation in New York City. Our experience allows us to anticipate these obstacles and respond effectively.
How Retaining a Lawyer Right Away Can Benefit Your Construction Accident Claim or Lawsuit
The moments following a construction accident are critical. When evidence is at risk and deadlines approach rapidly, minutes can make a difference.
As soon as you engage The Perecman Firm, we can:
- Secure accident reports, safety logs, and other relevant documentation
- Identify witnesses and record their accounts
- Preserve relevant video footage and photographs
- Prevent insurers from mischaracterizing or otherwise undermining your claim
- Provide you with advice that can prevent costly mistakes
How soon you retain a New York City construction accident lawyer from our firm can have monumental ramifications for your case outcome.
What a Construction Accident Attorney from Our Team Will Do for You
When you work with our firm, we handle every aspect of your claim so you can focus on healing.
Our case-related responsibilities will include:
- Investigating the circumstances that caused your injury
- Determining what your proper employment classification should be
- Identifying all liable parties
- Handling communications with insurers
- Filing any workers’ compensation or lawsuits you choose to pursue
- Negotiating for fair compensation
- Preparing a lawsuit for trial when necessary
- Guiding you through every step of your case
Our attorneys are known for their meticulous preparation and courtroom readiness. That reputation has helped us secure nearly $1 billion in recoveries for injured clients across New York.
Damages Independent Contractors May Recover
Lawsuits generally allow injured workers to secure a broader range of damages, and some common types of harm injured construction workers suffer are:
- Medical bills
- Lost income
- Reduced earning capacity
- Pain and suffering
- Permanent disability
- Disfigurement
- Lost quality of life
- Property-related expenses
Unlike workers’ compensation, personal injury lawsuits allow recovery for pain and suffering, which can be substantial in severe construction accident cases. We will identify all of your damages and demand fair compensation for them.
Have Questions about Filing Construction Accident Claims? We Have Answers:
It’s common for injured construction workers to ask our team:
Can I file a workers’ compensation claim if I signed an independent contractor agreement?
If you should have been classified as an employee, then yes. Contracts alone do not control how a construction worker should be classified. Courts look at how the work was actually performed when determining the proper classification.
What if I was paid in cash or received a 1099?
Your payment method does not automatically determine your legal status. Many misclassified workers are paid this way, and being paid in cash should not affect your options for seeking compensation.
Can I sue my employer directly?
It depends. Employees are generally limited to workers’ compensation, but independent contractors may sue third parties or owners under certain circumstances.
Call an NYC Construction Accident Attorney Today
If you suffered an injury on a construction site and were told you have no options because you are an independent contractor, we encourage you to speak with us. At The Perecman Firm, we take pride in standing up for injured workers across New York City and holding negligent parties accountable.
New York law imposes strict deadlines on construction accident claims. The statute of limitations may bar your case entirely if you wait too long; therefore, don’t wait to reach out to our team.
Contact us today for a free consultation. We require no upfront or out-of-pocket payment from you, which should eliminate any hesitation about hiring our team.