Knowledge Is Power In Protecting Your Rights As An Injured Construction Worker
Despite many decades of improved safety standards, many people are still injured in the construction industry every year. According to the Bureau of Labor Statistics, “In 2022, nearly 1 in 5 workplace deaths occurred in the construction industry and 38.4 percent of these deaths were due to falls, slips, and trips. The construction industry accounted for close to half, 47.4 percent, of all fatal falls, slips, and trips in 2022.” It is critical that injured construction workers understand all of their rights and legal options.
Receiving Benefits Through Workers’ Compensation
Injured construction workers have a legal right to receive workers’ compensation in the event that they are injured on the job. Benefits through the workers’ compensation system include medical treatment, lost wages, and disability benefits.
- All workers have a right to receive workers’ compensation, regardless of who is at fault for the accident.
- Injured workers must notify their employer within 30 days of the injury.
- Workers have up to two years to file a workers’ compensation claim. However, it is better to pursue claims as early as possible.
Injured workers also have a right to be free from retaliation by their employer if they choose to pursue benefits through the workers’ compensation system.
Third-Party Liability Claims
In addition to workers’ compensation, an injured worker may also be able to pursue benefits through a third-party liability claim. There are many potential sources for a third-party liability claim in the context of a construction accident.
- Property Owners: The company or entity that owned a piece of property could be liable for an accident if it was caused by a dangerous condition.
- Equipment Manufacturers: Construction projects often require workers to use heavy equipment and other dangerous pieces of machinery. If this machinery malfunctions for some reason and injures a worker, this could create the basis of a third-party liability claim.
- Delivery Companies: The company that operated a vehicle could also potentially be held at fault if their driver injures a construction worker.
Construction projects often involve a blend of different companies that must work together on a common goal. It is important that any construction accident is properly evaluated so that all potentially liable entities can be identified.
New York Labor Laws Protect Construction Workers
Construction workers are also protected by a number of labor laws in New York. This includes New York Labor Law § 240. Under this law, building owners and general contractors can be held directly liable for gravity-related accidents. This includes incidents where workers are injured in a fall or struck by a falling object.
Pursuant to New York Labor Law § 200, all places where construction workers operate must be in a reasonably safe condition. According to the statute, “All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.”
Getting Legal Help for a Construction Accident
Construction accidents are often highly preventable. They tend to involve situations where construction companies are cutting corners in terms of safety in order to save time or money. The vast majority of construction accidents can be prevented when contractors strictly adhere to safety standards and follow all OSHA regulations.
Have you or someone that you care about been injured in a New York construction accident? Our team of highly experienced New York construction accident attorneys is here to assist you. We have decades of experience helping accident victims and have recovered over $1 billion for our deserving clients. Whether you just have legal questions or need any type of support, we are here to serve your needs. You can contact us at (516) 908-9792.
