Your Rights & Compensation After a NY Construction Accident
In New York, construction workers have robust rights regarding on-the-job injuries. While workers’ compensation provides a foundation of support, NY state labor laws offer other avenues for more extensive compensation through a personal injury claim or lawsuit.
Workers’ Comp after a Construction Accident
Workers’ comp benefits in New York cover medical costs, provide partial wage replacement and offer death benefits in tragic cases. This system operates on a no-fault basis, meaning injured workers are eligible for these benefits regardless of who was at fault for the accident.
SS Disability for Work Injuries
In cases where a worker becomes disabled, filing for Social Security Disability benefits may also be an option, depending on circumstances such as age and the extent of injuries.
NY Labor Laws & Construction Accident Lawsuits
NY’s labor laws empower workers further. Even if the site owner or contractor wasn’t directly involved in your accident, you may have grounds for a personal injury lawsuit against them. This can lead to compensation for pain and suffering, ongoing medical costs, lost wages, and loss of benefits.
Some of the most notable labor laws applicable to New York City construction workers are:
NY Labor Law 200
New York Labor Law 200 dictates employers’ duty to protect employees’ health and safety. Businesses must provide “reasonable and adequate protection to the lives, health, and safety of all persons” they employ.
NY Labor Law 240
New York Labor Law 240 is known as the “Scaffold Law.” It outlines special protections for workers who may be hurt in gravity-related incidents, like scaffolding accidents. This includes workers who are injured in falls or by falling objects.
NY Labor Law 241
New York Labor Law 241 is a more specific regulation regarding an employer’s responsibilities toward employees on construction, demolition, and excavation sites, including the specific equipment employers must provide.
OSHA General Duty
OSHA’s General Duty Clause requires that employers provide employees with a workplace free from recognized hazards or toxic chemicals likely to cause death or serious physical harm. OSHA can cite employers for violating the General Duty Clause if there is a recognized hazard and they do not take reasonable steps to prevent or diminish it.
Damages in NY Construction Accident Lawsuits
Filing a lawsuit after a construction accident could enable you to recover damages that aren’t covered by workers’ compensation, including:
- Physical and emotional pain and suffering
- Loss of future earning capacity and fringe benefits
- Past and future medical expenses
- Punitive damages in cases of gross negligence
At HKD, we advocate tirelessly for injured construction workers, navigating all available options from all liability parties—to secure maximum compensation. If you’ve been injured in a construction accident anywhere in NYC, we’ll leverage our experience and skill to recover all the damages you deserve.
Contact HKD today for a free, no-obligation case evaluation. We’ll explain your rights and what to expect.
How a NYC Construction Accident Lawyer Can Help
If you or a loved one has been harmed in a construction accident due to a safety oversight, equipment malfunction, or structural failure, reaching out to a knowledgeable and compassionate New York construction accident lawyer is a critical step after receiving medical attention.
At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our construction accident attorneys have a proven track record of obtaining substantial compensation for our clients in a range of construction injury cases, including a recent $20 million settlement for a construction worker injured by a falling beam.
Our team handles everything from falls to machinery accidents and is equipped to provide roofers, electricians, carpenters, bricklayers, pipefitters, welders, tunnel workers, and all types of NYC laborers, including undocumented construction workers, with informed legal counsel and aggressive representation.
Investigate & Determining Liability
From the moment you engage us, HKD will delve into what led to your construction accident to identify the liable parties. Construction accident claims can be intricate, often involving several potential defendants, from contractors to equipment manufacturers.
Legal intervention is vital, as evidence can quickly change or disappear at construction sites. We’ll meticulously compile evidence, including site inspections, equipment logs, and safety compliance records, and gather witnesses and experts’ testimonies to establish a robust case.
Negotiate with Insurance & Employers
Dealing with insurance companies and big construction companies after accidents can be daunting. HKD is not afraid to confront insurance adjusters, who are determined to minimize your compensation.
But we fight tenaciously to secure all your losses, both immediate and future, related to your injuries. We’re well-versed in insurance claims’ complex language and policy details and are prepared to push back against any tactics meant to undercut your rightful settlement.
Seek Maximum Compensation
We understand the gravity of construction accident injuries in immediate physical terms and their long-term financial and emotional toll. Our construction accident lawyers strive to obtain all the compensation possible, accounting for all your tangible and intangible damages, including future medical costs, lost earnings, and the pain and suffering endured.
Pursue Justice & Industry Safety
HKD is committed to helping those hurt by negligence in the construction industry. This extends to improving safety standards within the New York construction industry by holding negligent parties accountable, from careless contractors to inattentive site managers.
When filing a construction accident lawsuit with HKD, you’re not only seeking personal justice. You’re also fighting for a safer work environment for all New York construction workers.
