Construction Accident Third-Party Claim Calculator

Construction sites typically have 4-8 different employers and contractors on-site, which creates uniquely valuable third-party claim opportunities. Your direct employer is shielded by workers compensation exclusivity, but every OTHER party (general contractor, sub-contractors not employing you, property owner, equipment manufacturers) is subject to standard tort liability. New York's Labor Law §240 (scaffold law) imposes strict liability for height-related falls and produces among the largest construction settlements in the country.

Multiple Defendants On Every Site

A typical commercial construction site has the owner, the general contractor, the framing sub, the electrical sub, the plumbing sub, the HVAC sub, the equipment-rental company, and several material suppliers. If a sub-contractor's employee gets hurt by an electrical sub's negligence, the framing sub can sue both the electrical sub AND the general contractor (under non-delegable duty doctrines). Each defendant has separate insurance — often $2M–$10M per layer. Total available coverage on a serious construction case routinely exceeds $20M.

Workers Comp Lien And Net Recovery

When you receive third-party recovery, your workers comp insurer has a statutory lien for benefits already paid. Most states reduce the lien by a proportional share of attorney's fees and costs — typically the insurer recovers about two-thirds of what they paid. New York and California have specific formulas. Future workers comp may also be reduced or eliminated depending on the structure of the third-party settlement. Smart structuring (allocating recovery to pain and suffering rather than wages, for example) can preserve more for the injured worker.

Last updated May 2026. Sources: OSHA Construction Safety.