Are You a New York Construction Worker?
Admittedly, construction is a dangerous line of work. If you have been injured – or if you’ve lost someone you love – due to negligence in a New York construction accident, you have the right to recover monetary compensation with the help of a Long Island construction accident attorney.
A severe injury at your job can change your life in an instant, and not in a positive way. If you’re a construction worker in or near New York City, and you’re injured on the job, what are your rights? When will you need to contact a New York construction accident attorney?
What Are the Causes of Construction Site Injuries?
Construction site accidents cause traumatic brain injuries, spinal cord damage, amputations, and other catastrophic injuries that may require lifelong care, yet construction accidents are almost always preventable. The most common causes of construction accidents in New York include:
- a failure to provide sufficient training
- a failure to keep the construction site free of hazards
- a failure to warn workers about known hazards
- poorly constructed scaffolding, guard rails, and stairs
- insufficient protection from electrical wiring and equipment
- a failure to use (or the improper use of) safety equipment
What Are a Construction Worker’s Rights?
A construction worker has the right to a reasonably safe construction site and the right to be protected from construction site hazards. In New York, injured construction workers are entitled by law to recover compensation for their medical bills and lost wages.
Every employer in the construction industry in New York must carry workers’ compensation insurance. Workers who are injured doing construction work, in many cases, will be eligible to receive workers’ compensation benefits.
What Does Workers’ Comp Provide?
To obtain those benefits, injured workers do not have to prove that a construction accident occurred because an employer was negligent. An injured construction worker only needs to prove that the accident occurred within the “course and scope” of his or her employment duties.
For most job-related injuries, New York workers’ comp usually pays an injured worker’s medical costs and two-thirds of that person’s average weekly wages (up to a weekly cap of $1,171.46 for accidents that take place from July 1, 2024, through June 30, 2025). The duration of payments depends on the severity of the injury and whether the disability is temporary or permanent.
Will You Need Additional Compensation?
However, even if you qualify for workers’ compensation after a construction accident, those benefits alone may be inadequate to cover the costs of your injuries. Especially if you’ve been catastrophically injured or permanently disabled, you’re going to need additional compensation.
If a party other than your employer was partially responsible for the construction accident that injured you, you may be eligible to file a third-party personal injury claim. A construction accident lawyer can help you identify any third parties that may have liability for your injury.
What third parties may have a share of the liability for a construction site injury? It could be a contractor or subcontractor, a delivery driver, an equipment or tool manufacturer, or even an engineer or an architect. In some cases, several of these parties may share liability.
How Will an Attorney Help You?
If you are injured on-the-job in a construction accident, schedule a consultation at once with a Long Island construction accident attorney. That attorney will review the accident and your injury and will recommend to you the best way to proceed legally.
If the cause of your construction injury was a third party’s negligence, you are entitled under New York law to recover compensation for your pending and future medical expenses, current and projected future lost wages, pain, suffering, and related damages and losses.
How Are Third-Party Injury Claims Settled?
Most cases based on third-party injury claims are resolved when the attorneys negotiate out-of-court, so you should not speak directly to a third party’s lawyer or insurance company. Instead, refer any inquiries to your attorney, and let your attorney do the talking and negotiating for you.
If no reasonable settlement is offered, or if the liability for your injury is in dispute, your case may go to trial, but most third-party personal injury claims are resolved privately. In fact, most injured construction workers will not have to appear in court in order to recover compensation.
How Soon Will You Need to Contact an Attorney?
If you are a New York construction worker and you are injured at a construction site in New York City, Westchester County, or on Long Island, as soon as you’ve been examined and treated, speak to a New York construction accident attorney about your rights and options.
After a construction injury, you have three years to take legal action against any third parties that may have liability. Do not wait three years – or even three weeks – to bring your case to an attorney. Make the call immediately after a medical professional has examined and treated you.
If you wait, you reduce your chances of prevailing with your third-party injury claim. Over time, witnesses may forget details, and evidence such as photos or medical records could be lost, misplaced, or even altered. Taking action quickly is essential to the success of your claim.
Who Should Handle Your Third-Party Personal Injury Case?
When you choose the legal team at the Rizzuto Law Firm, you will be represented by a Long Island personal injury attorney and a personal injury law firm that has recovered millions of dollars for those who have been injured by the negligence of others.
Your first consultation with the Rizzuto Law Firm is free. There is no obligation, and you’ll pay no lawyer’s fee unless and until we recover the compensation you are entitled to by law. We are experienced at resolving the most complicated personal injury cases.
If you’ve been injured in a construction accident on Long Island or in Westchester County or New York City, or if you’ve been injured by another person’s negligence in any accident scenario, call the Rizzuto Law Firm promptly at 516-604-5496, and let us fight for your rights.