The New York construction industry is one of the most dangerous occupations in the state. Almost daily, workers experience devastating injuries that are not their fault and sometimes require expensive medical care to help them recover and carry on with their life.
Some of the most serious injuries that occur are a spinal cord injury, traumatic head injuries, or even death. With such a devastating injury, workers are at risk of losing their jobs or having to change careers, which can result in a significant decrease in their income.
Most construction workers are aware that they can submit workers' compensation claims following an accident at work, but there are other compensation options you should know about as well.
If you've been injured on an NY construction site and have questions or need legal help, the team at Brandon J. Broderick, Attorney at Law can give you answers and lay out your options so you understand what steps to take.
Workers' Compensation Limits
If you have an accident while working in New York and your employer has a workers' compensation coverage, you may file a claim to receive compensation for:
- Medical costs associated with your injuries.
- Two-thirds of your weekly average salary.
- Costs associated with traveling to and from doctor's appointments.
One significant limitation to receiving workers' compensation is that you cannot sue or bring a personal injury claim against your employer. Once filing for workers' comp and receiving benefits, you cannot sue your employer for negligence even if they were the cause of the accident directly. There are several options and exceptions, but for many workers, this means relying only on workers' compensation.
While workers' compensation may be able to cover the cost of a minor soft-tissue or broken bone accident, it might not be adequate if you were injured much more severely, suffering from paralysis or brain damage. The insurance companies will likely attempt to challenge your claim if the injuries are more significant in order to keep from paying the full amount.
Other Compensation Options Following a Construction Accident in NY
You cannot sue or file a personal injury claim against your employer under workers' compensation, but there are other parties who may be held liable for a construction accident. Only your employer is covered by workers' compensation insurance; other parties including subcontractors, property owners, delivery drivers, and product manufacturers can be held liable.
You could potentially sue a contractor for compensation, for instance, if they failed to notify you about an excavation and you ended up in the blast zone. If you suffered an electrical injury while using a faulty power tool, you may be entitled to compensation by filing a product liability claim against the seller or manufacturer.
Due to the absence of the two-thirds cap on lost income and the higher amount of non-economic damages offered, third-party claims frequently provide greater damages than workers' compensation.
The Labor Law 200
Construction sites are governed by Labor Law 200, which states that employers have a "general duty to protect the health and safety of employees; enforcement." In general, it is the responsibility of employers, property owners, and general contractors to ensure that construction employees are protected at work. These regulations address safety gear, excavation techniques, and responsibility in the event of accidents.
The Scaffolding Law, included in Labor Law 240, is a significant component of Labor Law 200. To prevent falls from heights, this rule mandates that employers secure and maintain scaffolding on job sites. This law assures that general contractors and property owners can be held accountable if they fail to take reasonable precautions to prevent scaffold-related harm, as falls account for the bulk of construction accidents.
Labor Law 200 and 240 might protect your right to hold your employer responsible for a construction accident if you do not have workers' compensation coverage via your employment. These rules compel employers to maintain safe job locations; therefore, if they don't, they may be held accountable for your injuries in a premises liability or personal injury action.
Contact Brandon J. Broderick: NY Construction Accident Lawyer
After a construction accident, consulting with an experienced personal injury attorney is your best course of action. Our New York construction accident attorneys at Brandon J. Broderick have decades of experience advocating for construction employees all throughout NYC.
Let us review your case to help you win the highest payout for your injuries. Call us today to schedule an appointment with our lawyers.