Can I still file a lawsuit for my construction accident injury if I received workers’ compensation benefits?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Mar 23, 2026

Read Time: 1 mins

The answer is it depends. Workers’ compensation benefits are provided to you by your employer. Because you get workers’ compensation you cannot bring a claim directly against your employer, but if there are other parties that could be liable for your injuries, the workers’ compensation benefits do not prevent you from suing them, so if there is a general contractor or an owner or another party that is responsible, workers’ compensation is a not a bar to those claims.

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Can I still file a lawsuit for my construction accident injury if I received workers’ compensation benefits?

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