Legal Options for Injured Construction Workers in NYC
Construction is consistently ranked as one of the most dangerous industries in which a person can work. If you have ever been to a construction site, it’s easy to understand why – between working from heights, power tools, heavy machinery, exposed electrical wiring, and other things common to construction sites, there are injury hazards at every turn.
In the event that you have been injured in an on-the-job accident at a construction site, you’re probably wondering what your legal options are. The good news is that, in almost all cases, construction workers injured in workplace accidents are entitled to workers’ compensation benefits. In addition, under certain circumstances, they may also be able to obtain compensation by filing a personal injury claim.
Injured Construction Workers Are Entitled to Workers’ Compensation Benefits
Workers’ compensation provides workers who are injured in on-the-job accidents with benefits on a no-fault basis. This means that workers can get benefits even if their accident was caused by their own negligence or recklessness. The benefits that injured workers can get include those for medical expenses and lost income, as well as disability benefits, if appropriate. Importantly, while workers are entitled to these benefits, that does not mean that insurers
Sometimes, Injured Construction Workers Can File a Personal Injury Claim
Under New York law, workers’ compensation benefits are the exclusive remedy for injuries sustained in on the job accidents. This means that injured workers usually cannot sue their employers to recover compensation for their accident-related losses. There are, however, certain circumstances under which you may be able to file a lawsuit after an injury-causing accident at a construction site you were working at. These include:
- If the accident was caused by a third-party, such as an independent contractor or a vendor
- If the accident was the result of defectively designed or manufactured work tools or equipment
- If the accident was of a type that is exempted from the exclusive remedy provisions of the workers’ compensation law, as are accidents that involving falling from elevation or falling objects ( New York’s Scaffold Law )
- If the accident was the result of the intentional act of your employer
If you can file a personal injury claim after an on-the-job construction site injury, you should, as you can recover for losses for which workers' compensation benefits are not available, including pain and suffering and lost quality of life. This means that the amount of compensation you will be able to recover through a personal injury claim will typically be much more than the benefits available through a workers' compensation claim. As a result, if you've been hurt while you were at work, you should be sure to have a lawyer review your case to evaluate all of your legal options.
Call Us Today to Schedule a Free Case Evaluation with a New York Construction Accident Attorney
If you have been hurt in a construction accident in New York, it’s in your best interest to contact a lawyer as soon as you can. At Lipsig, Shapey, Manus & Moverman, we’re committed to helping injured workers get the benefits or compensation to which they are entitled. To schedule a free case evaluation with a construction accident attorney in New York City, call our office today at 917-268-2985 or contact us online.