Workers’ Compensation Isn’t the Only Form of Compensation After a Construction Accidentby James J Corbett New York Civil Litigation Lawyer
Risks abound in the construction industry. Every day, hundreds — if not thousands — of construction workers are injured through no fault of their own. Following a spinal injury or head/brain injury, you may require extensive medical treatment, which will be expensive. You may also lose your job or have to switch careers, which will result in a significant drop in your household income. Most construction workers are aware that if they are injured at work, they can file a workers’ compensation claim to make up for the expenses and loss of income, but there are other options to consider.
If you are injured on the job in New York, and your employer has a workers’ compensation policy, you can file a claim for compensation for your medical bills, two-thirds of your lost wages, and travel expenses to and from doctor’s appointments. Workers’ compensation does come with one big caveat — you cannot hire a construction accident lawyer in New York to file a personal injury claim against your employer. This means that even if your employer’s negligence directly resulted in the accident and your injuries, you cannot hold them liable in court. So, while workers’ compensation may cover the medical bills for a dislocated shoulder or sprains, strains, and other soft-tissue injuries, it may not provide enough money for a serious disability, such as paraplegia or traumatic brain injury (TBI). In the event of more catastrophic injuries, insurers will almost certainly dispute your claim to avoid paying full compensation.
While you cannot sue your employer for personal injury, other parties such as subcontractors, property owners, and product manufacturers are not immune from liability. NY Labor Law § 200 and § 240 can also safeguard your right to hold your employer liable for a construction accident. Employers are required by New York state law to keep construction sites safe. If they fail to do so, they can be held responsible for your injuries in a personal injury or premises liability lawsuit.
After a construction accident, the first thing you should do is search for, “Who is the best construction litigation attorney near me?” A top-rated attorney will conduct a thorough investigation into the cause of your accident. If your injuries are only covered by workers’ comp, they will fight for the highest award possible — but they can also look into other avenues such as personal injury or third-party product liability claims.
Created on Nov 19th 2021 03:26. Viewed 184 times.