Know Your Options
Workers' Comp vs.
Lawsuit
As an injured construction worker in New York, you may be entitled to both workers' compensation AND a Labor Law 240 lawsuit. Understanding the difference is crucial to maximizing your recovery.
The Most Important Thing to Know
Workers' comp and a Labor Law 240 lawsuit are NOT mutually exclusive. You can receive workers' comp benefits while also pursuing a lawsuit against the property owner or general contractor.
Side-by-Side Comparison
Workers' Compensation
Benefits
- Quick access to medical care
- Wage replacement benefits
- No need to prove fault
- Available for most workplace injuries
Limitations
- Limited wage replacement (typically 2/3 of wages)
- No pain and suffering damages
- Cannot sue your direct employer
- Benefits are capped by state law
Labor Law 240 Lawsuit
Benefits
- Full compensation for all damages
- Pain and suffering recovery
- No caps on damages in NYC
- Can sue property owners and general contractors
- Your fault doesn't reduce recovery (Labor Law 240)
Considerations
- Takes longer than workers' comp
- Must prove case at trial (or negotiate settlement)
- Cannot sue your direct employer
| Category | Workers' Comp | Labor Law 240 Lawsuit |
|---|---|---|
| Who Pays | Your employer's insurance | Property owner/general contractor's insurance |
| Medical Bills | Covered | Full recovery |
| Lost Wages | Partial (2/3 of wages, capped) | Full lost earnings, past and future |
| Pain & Suffering | Not available | Full recovery (often largest component) |
| Proving Fault | Not required | Not required under Labor Law 240 (strict liability) |
| Your Negligence | Doesn't matter | Doesn't reduce recovery under Labor Law 240 |
| Timeline | Benefits start quickly | 2-4 years typical |
| Typical Total Value | $50,000 - $200,000 | $500,000 - $5,000,000+ |
The Bottom Line
For construction workers injured in gravity-related accidents in New York, pursuing both workers' compensation and a Labor Law 240 lawsuit is typically the best strategy:
- Workers' comp provides immediate medical coverage and partial wage replacement while your case is pending.
- A Labor Law 240 lawsuit provides full compensation including pain and suffering, which often far exceeds workers' comp benefits.
- Both can proceed simultaneously, and the workers' comp carrier will typically be reimbursed from the lawsuit recovery (called a "lien").
Maximize Your Recovery
Don't settle for workers' comp alone. Find out if you have a Labor Law 240 case.