You Can Get More than Workers’ Compensation Benefits
If you are injured on the job, you may be eligible for workers’ compensation benefits. You also may be entitled to additional compensation by filing a claim against the property owner or general contractor hired to perform the work.
New York statutory law provides special protection to construction workers.
Can I receive more than worker’s compensation if I’m injured on a construction site?
What Should I Do If I Get Hurt at Work?
Your first priority after any workplace injury is getting medical care. You will also need to notify your employer of the accident, in writing.
You should also contact a construction accident lawyer as soon as possible. You may be able to recover damages beyond what is covered by workers’ compensation benefits.
What Compensation Can I Recover in a Construction Accident Case?
Workers’ compensation benefits cover medical expenses associated with your workplace injury. Your benefits also partially reimburse you for the wages you lose while you are unable to work. Additional benefits are available if your work injury results in permanent disability. In the event of an on-the-job fatality, workers’ compensation also provides death benefits to the worker’s surviving dependents, such as a spouse and children.
Many injured workers discover that workers’ comp only covers a portion of their losses from the construction accident. However, if your injuries are the result of negligence on the part of one or more parties at the job site, you may be able to file a third party personal injury claim.
In a personal injury claim, our lawyers will pursue compensation for all of the damages you have suffered, including:
- Medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional anguish
- Loss of consortium
Lincoln Trial Lawyers can also help if you have tragically lost a loved one in a construction accident. Our lawyers can file a wrongful death claim on your family’s behalf to hold any negligent parties accountable.
Who Is Liable for My Injuries in a Construction Accident?
Questions of liability do not apply in workers’ compensation claims. As a no-fault system, workers do not have to prove that their employer was negligent in order to qualify for benefits.
However, other parties may be liable for your injuries in a construction accident, including:
- Contractors and subcontractors
- The owner of the property
- The company that designs, manufactures, or sells a defective product or piece of equipment
- Careless drivers who cause a vehicle accident in a construction zone or while you are driving as part of your job duties
Multiple parties may be at fault in construction accident cases. Our lawyers will thoroughly investigate the circumstances and take action against all liable parties on your behalf.
What Are the Most Common Injuries in Scaffolding Accidents?
Falls from scaffolding and other heights carry a significant risk of serious injury. Workers may suffer the following in scaffolding accidents:
- Brain injury
- Spinal cord injury
- Bone fractures
- Impalement
- Crush injuries
Workers on the ground may also be at risk of brain and spinal cord injuries as a result of objects and equipment falling from heights.
Who is responsible for keeping your construction site safe?
If you are injured in a construction accident you need a personal injury lawyer who knows the complexities of the laws.
Our philosophy is simple: we prepare every case for trial. We investigate the facts of your case to evaluate any negligence by the owner, general contractor, subcontractor or third-parties. Our personal injury attorneys will consult with construction safety professionals such as engineers and forensic safety experts; interview eye witnesses; obtain your medical records and analyze the law to effectively advocate on your behalf. If an insurance company will not settle, we fight for you in court.