Construction sites are among the most dangerous workplaces, with heavy machinery, scaffolding, electrical hazards, and high-risk tasks posing constant threats to workers. In New York, construction injuries are alarmingly common, and when they occur, injured workers often face overwhelming medical bills, lost wages, and uncertainty about their future.
Fortunately, workers’ compensation exists to provide financial relief and medical benefits to those injured on the job. However, navigating the claims process can be complex, and without proper guidance, workers may encounter delays, denials, or insufficient compensation.
Understanding Workers’ Compensation for Construction Injuries
Workers’ compensation is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. In New York, nearly all employers are required to carry workers’ compensation insurance, ensuring that injured employees can access medical treatment and partial wage replacement regardless of who was at fault for the accident. Unlike a personal injury lawsuit, workers’ compensation does not require proving negligence, but the process involves strict deadlines and procedural requirements that must be met to secure benefits.
For construction workers, injuries can range from minor sprains to catastrophic conditions such as traumatic brain injuries, spinal cord damage, or even fatalities. Common causes include falls from scaffolding, ladder accidents, machinery malfunctions, electrocutions, and being struck by falling objects. When an accident occurs, taking immediate action is crucial to preserving the right to compensation.
Steps to Take After a Construction Injury
The moments following a construction accident can be chaotic, but workers should prioritize their health and legal rights. Seeking medical attention is the first and most important step. Even if an injury seems minor at first, underlying complications could develop over time. Medical documentation is also vital for a successful workers’ compensation claim, as it provides evidence linking the injury to the workplace accident.
Next, the injury must be reported to the employer as soon as possible. New York law requires workers to notify their employer in writing within 30 days of the incident. Failure to report the injury within this timeframe could result in a denial of benefits. The employer should then provide the necessary paperwork to begin the claim process.
Once the injury is reported, the next step is to file a formal workers’ compensation claim with the New York Workers’ Compensation Board. This is done by submitting Form C-3, which details the accident, the nature of the injury, and any medical treatment received. The claim must be filed within two years of the accident, though earlier filing is strongly recommended to prevent delays.
Challenges in the Workers’ Compensation Process
While workers’ compensation is designed to assist injured employees, insurance companies often seek to minimize payouts, leading to disputes over claims. Some common challenges include employers contesting whether the injury was work-related, insurers downplaying the severity of injuries, and delays in approving medical treatments. Additionally, if a claim is denied, the worker has the right to appeal, but doing so requires thorough legal knowledge and evidence to support the case.
In some instances, workers’ compensation benefits may not be sufficient to cover the full extent of an injured worker’s losses. New York construction accident attorneys frequently assist workers in exploring other legal avenues for additional compensation, particularly in cases where a third party—such as a negligent contractor, equipment manufacturer, or property owner—played a role in the accident.
Third-Party Lawsuits and Additional Compensation
New York labor laws provide strong protections for construction workers, particularly under Labor Law Sections 200, 240, and 241. These laws hold property owners and general contractors responsible for ensuring safe working conditions, and in many cases, injured workers can file lawsuits against these parties in addition to receiving workers’ compensation benefits. Unlike workers’ compensation claims, third-party lawsuits allow injured workers to seek full compensation for pain and suffering, emotional distress, and other damages beyond medical expenses and lost wages.
For example, if a worker falls from faulty scaffolding due to inadequate safety measures, they may have grounds to file a lawsuit under New York’s Scaffold Law (Labor Law § 240). Similarly, if defective equipment contributed to an injury, the manufacturer could be held liable under product liability laws. Pursuing these claims requires the expertise of a construction accident lawyer in NYC who understands the complexities of both workers’ compensation and third-party litigation.
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law. across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. To learn more about our firm or schedule a consultation with an attorney, contact us today.