Compensation you can get for a construction work injury in NY includes money for medical bills, lost income, and reductions in your earning capacity. You may also be able to receive compensation for the pain, suffering, and emotional distress associated with your injuries.
Your options for financial compensation for a construction work injury depend on employment specifics and accident circumstances. A Long Island construction accident lawyer can review your case to see what money you are owed and represent you during settlement talks and in court.
What are My Options for Financial Compensation After a Construction Work Injury?
Construction employees have two main options for financial compensation if they have suffered a work injury: workers’ compensation or a third-party personal injury lawsuit.
The two options cover different losses and have different filing requirements. You may be able to take both options to pursue maximum compensation.
Workers’ Compensation for Construction Injuries
New York requires nearly all businesses to carry no-fault workers’ compensation insurance to pay for injuries employees sustain while on the job. So long as the injury occurred while you were performing work duties, you are eligible for workers’ compensation benefits.
Workers’ compensation will pay for the following losses:
- Healthcare expenses. Workers’ compensation will pay for the cost of reasonable medical treatment for your injuries. This includes medical care, dental work, surgeries, prescription drugs, and medical equipment/devices.
- Lost work income. Workers’ compensation will also cover up to two-thirds of your average weekly earnings, depending on your degree of disability. If you have to work less or switch to a lower-paying job, you may also recover up to two-thirds of the pay difference.
- Survivor benefits. In cases of fatal construction injury, workers’ compensation will pay your spouse and children a weekly death benefit and cover up to $12,500 in funeral and burial expenses.
Note that workers’ compensation will not pay for non-economic losses like pain and suffering. Also, independent contractors are exempt from certain New York labor laws and are not entitled to workers’ compensation benefits.
Third-Party Personal Injury Lawsuit
The second option is filing a third-party personal injury lawsuit. This may be an option when a third party that is not your employer contributed to your workplace injuries. For example, if you were struck by a speeding car in your work zone, you could file a third-party personal injury lawsuit against the driver.
The main benefit of filing a third-party lawsuit for compensation after a construction work injury in New York is that you can sue for a wider range of damages than workers’ compensation alone allows. With a personal injury lawsuit, you can sue for economic losses as well as for pain and suffering, emotional distress, and other non-economic losses.
Similarly, if your loved one died in a construction accident because of a negligent third party, you may be able to file a wrongful death lawsuit. You can talk to a personal injury lawyer about your options under New York’s wrongful death laws.
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Can I Claim Workers’ Compensation and File a Third-Party Lawsuit for a Construction Work Injury?
You can both collect workers’ compensation benefits and file a third-party injury lawsuit. Workers’ compensation benefits won’t replace the full value of your lost income and won’t pay for one-time or atypical injury expenses. Pursuing a third-party lawsuit can help pay for these additional losses that workers’ compensation won’t cover.
However, the workers’ compensation insurance company may have subrogation rights over any injury settlement you receive. If so, they can place a lien on a portion of the settlement to reimburse them for benefits they paid you.
New York’s “Scaffold Law” and Liability for Construction-Related Falls
You generally cannot directly sue your employer for work injuries due to negligence in New York. The trade-off for no-fault workers’ compensation coverage is that employers are immune to liability for workplace accidents.
However, there is a specific exception to this rule for construction workers injured in falls due to inadequate safety equipment. Section 240 of the New York Labor Code establishes that all construction contractors and building owners are absolutely liable for falls due to inadequate scaffolding and safety devices.
In other words, if your employer failed to provide adequate safety equipment and you fell, you may be able to step outside of New York’s workers’ compensation system and directly sue them for economic losses as well as pain and suffering.
Contact a Construction Accident Lawyer in Long Island Today
Regardless of your circumstances, you need a lawyer after a construction site injury in New York. Construction injuries can incur enormous medical bills, and workers’ compensation benefits may not be sufficient to cover all of your losses.
A construction accident lawyer from Chaikin Trial Group can explore options for filing a third-party lawsuit against parties responsible for your injuries. We have extensive experience navigating and litigating construction accident cases and will work tirelessly to protect your interests and well-being.
If you have more questions about the compensation you can get for a construction work injury in New York, contact our offices today to speak to a knowledgeable team member.