Every state has its own rules regarding Workers’ Compensation and Lawsuits after a work accident, but due to all of the risks to which workers in this area are constantly exposed, employers have a legal obligation to comply with the safety protocol and to provide compensation for construction workers in NY that have been injured.
The state of New York has the Scaffold Law, which has the purpose of protecting construction workers from unsafe work conditions. This Law is exclusive for New York, and it imposes all liability on the prime contractor or the property owner for all accidents related to falls.
Although the name of the Law is “Scaffold Law”, workers can hold contractors and property owners completely liable for the injuries sustained not only from a fall from scaffolding, but also from any type of ladder, pulley, rope, or hangar, or if they are struck by a falling object.
This way, there are several ways in which the Law protects you as a construction worker, and there are two types of compensation you can get in New York if you have an accident or suffer from a condition caused by your job at construction. They are Worker’s Compensation, and a lawsuit against a third party.
Every worker has the right to compensation insurance. This type of compensation covers two thirds of the lost wages and all the medical expenses. The employer provides this type of insurance in exchange for the employee’s agreement not to file a lawsuit. In this type of claim, you need to file forms, and meet certain deadlines for the paperwork, therefore, it is best to hire a construction accidents lawyer to take your case as best as possible.
Keep in mind that it is also your obligation to inform your supervisor and employer that you are filing a claim through a written letter. In case we take your case, Proner & Proner takes care of the needed paperwork and guides you through the process of your claim.
Lawsuit against a third party
On the other hand, if there is a third party involved in the accident, like the contractor or the owner of the property, you could have a case of a claim or lawsuit against a third party, which often occurs with accidents in construction.
Pain, suffering, the loss of family income, and many other aspects represent losses when the accident occurs, hence there is the possibility to file a lawsuit and gain the compensation you truly deserve.
The first step in these cases is to hire a construction accidents lawyer, who will file all the documents in a timely manner and handle the case for you. If you are not sure if you have a lawsuit case, you can contact us at Proner & Proner; our experienced lawyers are available for you.
In both cases (Workers’ Compensation or Lawsuit against a third party) the best option is to hire a lawyer who specializes in construction accidents, they will make sure to enforce your rights as a construction worker and they will fight to get you the compensation you deserve.
If you or anyone near you suffered from a construction accident, contact our lawyers at Proner & Proner, we have years of experience in Personal Injury and we will do our best to handle your case in the best possible way. Give us a call at 1 800 321 1234, you could file a million-dollar lawsuit!
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.