New York State laws and regulations require most employers to provide workers’ compensation insurance. Workers’ compensation insurance provides coverage in the event that an employee is injured on the job. The purpose of carrying workers’ compensation insurance benefits both: Employers are protected from bankruptcy by a verdict in favor of a plaintiff, and it provides a faster way for injured workers to receive benefits after an incident. Instead of going to trial through the court system, workers’ compensation claims are handled by a separate entity. However, there are limits to damages for the amount an injured employee can receive under New York workers’ compensation laws. A special formula is used to calculate the amount of benefits an injured employee can receive.
The formula is two-thirds of the employee’s average weekly wage and multiplies by the claimant’s percentage of disability. For example, someone who earned $400 a week and is 50% disabled may be entitled to $133.34 each week in workers’ compensation benefits. Each July 1, new limits are set, which provide a maximum amount of benefits that injured workers can receive. Currently, the maximum is $864.32. Therefore, even if, using the above formula, you are entitled to $1000 per week, the maximum you could receive is $864.32. Many employees incorrectly assume that workers’ compensation is the only available remedy for on-the-job injuries. However, compensation benefits cover the negligence or misconduct of an employer or co-worker. It does not refer to the negligence or misconduct of a third party. Therefore, if your injury was caused by an unrelated third party, you are not limited by the limits on workers’ compensation awards.
WHAT TYPES OF THIRD PARTIES MAY BE RESPONSIBLE FOR INJURIES IN A CONSTRUCTION AREA?
General contractors, construction site owners, contractors who hire subcontractors for specific jobs, contractors who operate certain types of equipment (such as tractors, cranes, etc.), and a number of other individuals are all examples of third parties who may be liable for construction site injuries.
HOW DO YOU KNOW WHO IS RESPONSIBLE FOR YOUR INJURIES?
Construction works require tens, even hundreds, of workers. These workers must work together carefully and ensure that all safety rules are being followed to maintain safety. When a construction site worker is injured, several individuals are often at fault for their negligence. Determining whether New York workers’ compensation laws apply to your injury claim requires an analysis by an experienced injury attorney. At 1-800-MASYMAS, our construction accident lawyers have represented injured construction workers in both workers’ compensation claims and civil suits. We understand how to analyze the facts of your claim to determine who is responsible.
TALK TO A LAWYER TODAY IF YOU’VE BEEN IN A CONSTRUCTION ACCIDENT!
If you were injured in a construction area, let experienced workers’ compensation attorneys take your case. Our construction accident attorneys fully understand how workers’ compensation, premises liability, and other liability cases work, and will provide the legal representation you need in order to maximize the compensation you deserve.