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Construction Worker Injuries and Your Legal Options in New York


As most construction workers know all too well, their jobs involve a certain level of risk. On any given day, construction workers can fall from scaffolding, get hit by heavy falling objects while working, and can even be injured by the tools and machinery they use to do their jobs. While all of the above hazards have the potential to befall them, construction workers in New York still have the right to a reasonably safe workplace. Accordingly, if construction workers suffer work-related injury in New York, they will have a few legal options at their disposal to obtain monetary compensation for their injuries.

File a Workers’ Compensation Claim

In New York, virtually all employers are required by state law to carry workers’ compensation insurance. Workers’ compensation insurance gives employers the ability to pay the costs associated with employees’ work-related injuries in the event that their employees are injured on the job. So, if a construction worker suffers a work-related injury in New York, the construction worker will likely be able to obtain workers’ compensation benefits for his or her injuries.

Workers’ compensation benefits are monetary payments that are given to injured workers in order to cover the costs of:

  • Medical expenses incurred to treat the injury
  • Lost wages
  • Partial or permanent disability

However, in order to receive workers’ compensation benefits from your employer for a work-related injury, New York law requires all workers to file a workers’ compensation claim with the New York Workers’ Compensation Board within 30 days of sustaining a physical injury or within 2 years of discovering that you contracted a disease as a result of working for your employer. So, if construction workers want to obtain workers’ compensation benefits as a result of being physically injured or contracting an occupational disease like asbestos, they must adhere to the above time requirements for filing a claim. Otherwise, their workers’ compensation claim may be waived.

The good thing about the workers’ compensation system in New York is that it is a “no fault” system. This means that even if construction workers are employees and their respective work-related injuries are their own fault, they will still be entitled to receive workers’ compensation benefits from their employer. At the same time, however, because New York’s workers’ compensation system is a “no fault system,” most personal injury claims that construction workers may be able to bring against their employers if the employers caused their injuries will be deemed waived.

File a Personal Injury Lawsuit

If construction workers’ want to receive more monetary compensation for their injuries than they can receive through collecting workers’ compensation benefits or their workers’ compensation claims are rejected altogether, construction workers are able to file personal injury lawsuits against their employers for causing their injuries. Because New York has no statutory cap on damages for personal injury lawsuits, filing personal injury lawsuits may allow injured construction workers to receive more monetary compensation for their injuries than what they would be entitled to under New York’s workers’ compensation laws.

Contact a New York City Personal Injury Lawyer to Discuss Construction Worker Personal Injury Case in New York

Did you or a loved one sustain serious injuries due to a construction accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury and workers’ compensation attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Proner & Proner represent clients injured while working in the construction industry in all five of New York City’s boroughs, and throughout New York. Call (212) 500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503, New York, New York 10165, as well as offices in Queens, the Bronx, Brooklyn, and Bethel, Connecticut.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.


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