WORKERS’ COMPENSATION AND CONSTRUCTION SITE INJURIES

An employee that is injured while working on a construction site in New York is, in most cases, eligible for workers’ compensation coverage from his or her employer’s insurance company, regardless of who was at fault for the accident.  This type of insurance coverage is known as workers’ compensation and employers’ liability insurance, and every employer subject to the Workers’ Compensation Law must secure this insurance coverage for their employees.

Workers’ compensation benefits cover a wide range of accident-related expenses, including, lost wages for missing work, and medical bills for hospital visits, follow-ups with doctors, radiology, physical therapy and rehabilitation, and surgery. 

Importantly, employers that have the required workers’ compensation insurance coverage for their employees, cannot be sued for their negligence in causing the injuries, absent special circumstances.  An injured employee’s legal remedy against their employer is pursuing workers’ compensation benefits.  As a result, injured employees should be aware of certain time limitations that apply to making a workers’ compensation claim. 

Workers’ Compensation Law Section 18 requires that notice of the employee’s injury or death be given to the employer within 30 days, and Workers’ Compensation Law Section 28 requires that the claim for compensation be filed with the Workers’ Compensation Board within two years of the employee’s accident. 

In addition to obtaining workers’ compensation benefits for lost wages and medical expenses, a worker that is injured on a construction site may be entitled to compensation for their pain and suffering from the owner of the construction site, the general contractor that hired the injured worker’s employer, or another subcontractor for violations of New York Labor Law or negligence in causing the worker’s injuries. 

If you have been injured on a construction site or jobsite, you should consult with an attorney as soon as possible after the accident.  Under New York State law, both documented and undocumented workers may be eligible for workers’ compensation benefits if certain conditions are met.  The attorneys at Nappi Klozow, LLP can assist you with your workers’ compensation claim and any other injury claims you may have because of your construction site accident.      

Disclaimer: The information on this website is general information only and should not be construed to be legal advice nor the formation of an attorney/client relationship.