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How Construction Workers Can Maximize Their Injury Compensation

Construction work is one of the most dangerous occupations in the United States. Despite safety regulations, construction sites pose significant risks, including falls from heights, equipment malfunctions, and exposure to hazardous materials. 

When accidents occur, injured construction workers are entitled to pursue compensation to cover medical expenses, lost wages, and other damages. However, navigating the legal landscape to maximize compensation can be challenging.

Understand Your Rights

In New York, construction workers are protected by some of the most comprehensive labor laws in the country. New York Labor Law Sections 200, 240(1), and 241(6) are particularly important in protecting workers who sustain injuries on construction sites:

  • Labor Law 200: Ensures safe work environments by requiring proper site maintenance.
  • Labor Law 240(1): Commonly referred to as the Scaffold Law, it protects workers from falls and falling objects.
  • Labor Law 241(6): Establishes specific safety standards that contractors and owners must follow to safeguard workers.

Understanding these laws is the first step to determining whether you have a valid claim beyond standard workers’ compensation. Consulting with a construction accident lawyer in NYC ensures that your rights are upheld and any violations of labor law are addressed.

Report the Accident Immediately

To maximize compensation, it’s important to report your accident as soon as possible. Notify your supervisor or employer immediately after the incident and ensure that the details are documented in an official accident report. This report will serve as vital evidence when pursuing your claim. Include key details such as:

  • The date and time of the accident.
  • The location of the incident.
  • A description of what caused the accident (e.g., faulty equipment, unsafe scaffolding).
  • Witness information, if available.

Failing to report an accident promptly gives employers a reason to question the validity of your claim and can hurt your chances of receiving full compensation.

Seek Medical Attention Right Away

Even if your injuries seem minor, seeking medical attention immediately after an accident is imperative. Not only does this guarantee your well-being, but it also creates a medical record linking your injuries to the construction site accident. Medical records will play a key role in substantiating your claim.

Injured workers should follow their doctor’s treatment plan and attend all follow-up appointments. Skipping treatments or ignoring medical advice could give insurers a reason to argue that your injuries are not as severe as claimed.

File for Workers’ Compensation

Under New York law, most construction workers are eligible for workers’ compensation benefits, regardless of who was at fault for the accident. Workers’ compensation typically covers:

  • Medical expenses related to the injury.
  • Temporary disability payments for lost wages.
  • Permanent disability benefits if the injury results in lasting impairments.

However, workers’ compensation benefits are often limited and may not fully cover all your losses. This is where consulting a New York construction accident attorney can make a significant difference. An attorney can help you explore other legal avenues to secure additional compensation.

Explore Third-Party Liability

Workers’ compensation laws generally prevent employees from suing their employers. However, you may have a valid third-party claim if another party’s negligence contributed to your injury. Examples of third-party claims include:

  • Suing the manufacturer of defective equipment.
  • Filing a claim against a subcontractor or another entity working on the site.
  • Pursuing action against property owners who failed to maintain a safe environment.

Third-party claims can significantly increase your compensation because they allow you to recover damages that workers’ compensation does not, such as pain and suffering. An experienced construction accident lawyer in NYC will investigate your case thoroughly to identify all potential sources of compensation.

Document Everything

Proper documentation is essential to maximize your compensation. Keep a record of all medical bills, lost wages, and other expenses related to your injury. Additionally, maintain a journal detailing the physical pain, emotional distress, and limitations you experience due to the accident.

These records will help demonstrate the full extent of your damages and are vital for calculating fair compensation in both workers’ compensation and third-party claims.

Avoid Speaking with Insurance Companies Without Legal Representation

Insurance companies often try to minimize payouts by disputing claims or offering low settlements. Avoid speaking with insurance adjusters without first consulting your attorney. Anything you say to an insurance company can be used against you to reduce your compensation.

A knowledgeable New York construction accident attorney will handle communications with insurance companies, ensuring that you are not pressured into accepting an inadequate settlement.

Hire an Experienced Construction Accident Lawyer

Construction accident cases often involve multiple parties, legal nuances, and significant financial stakes. Hiring a skilled construction accident lawyer in NYC likely means that you have an advocate who understands New York labor laws and is experienced in handling construction accident claims.

Your attorney will:

  • Investigate the accident to determine liability.
  • Collect evidence, including witness statements and expert testimony.
  • Negotiate with insurance companies and other parties to maximize your compensation.
  • Take your case to court if a fair settlement cannot be reached.

Construction workers who are injured on the job face significant challenges, both physically and financially. While workers’ compensation provides a safety net, it is often insufficient to cover the full scope of damages. 

If you or a loved one has been injured in a construction accident, SPBMCC is here to help. 

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.

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