Construction workers in New York play a huge role in building the structures we see every day. They work in environments where the risks of accidents are often higher than in other fields. When a construction worker is injured on a site, it can lead to serious health issues, unexpected time away from work, and unexpected expenses. This can be a very challenging time, but knowing what steps to take can help injured workers better understand the legal options that may be available to them. This guide explains the steps an injured worker can take to protect their rights after an accident, along with what the legal process looks like in these cases. Understanding this process can be very important for workers seeking fair compensation. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Common Causes of Construction Site Accidents in New York
Construction sites are full of heavy machinery, powerful tools, and high structures. There are also often multiple workers moving around, each focused on their own tasks. With these factors combined, accidents can unfortunately happen. Some common causes include falling from high places like scaffolding or ladders, being struck by falling objects, slipping or tripping on scattered materials, getting caught between equipment, and even being harmed by unsafe machinery. These accidents are not only sudden but can also cause serious injuries that affect a worker’s ability to continue working. Injuries like broken bones, head injuries, spinal cord damage, and severe cuts are not uncommon, and they can sometimes have long-term effects.
Seeking Medical Attention After an Accident
After any construction accident, it is very important to seek medical attention as soon as possible. Even if injuries seem minor at first, they may worsen over time or reveal complications later on. Visiting a doctor will provide medical evidence of the injuries, which can be essential in legal cases. The doctor’s report can show when the injury happened and its connection to the accident, which can support the injured worker’s claims. Additionally, medical treatment helps to ensure that any injuries are addressed, preventing further health issues down the road. Keeping medical records safe is important as they may be necessary for filing claims or cases later in the process.
Reporting the Construction Accident to Your Employer
In New York, it is required that injured workers report any accident to their employer. This report needs to be done within a specific period to ensure that the injured worker’s rights are preserved. Typically, this report should be made in writing within 30 days of the accident. This step is crucial for making a workers’ compensation claim, as failing to report the accident on time could potentially harm the case. Reporting the accident to a supervisor or the human resources department provides official notice that the accident happened. It is often helpful to keep a copy of this report for personal records. Taking this step also allows the employer to begin their own process of documentation and investigation, which can support the injured worker’s case.
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Understanding Workers’ Compensation Benefits
Workers’ compensation is a type of insurance that covers employees who get injured on the job. This program provides benefits to cover medical expenses, lost wages, and other costs related to the injury. In New York, almost all employers are required to have workers’ compensation insurance for their employees. This insurance allows workers to receive benefits without having to prove that someone else was at fault for their accident. Workers’ compensation covers medical bills, physical therapy, and even payments for temporary or permanent disability. However, workers’ compensation benefits may not cover every cost, especially if the accident was severe. This can sometimes lead injured workers to consider filing a third-party claim in cases where another party may also be responsible for the accident.
Determining When a Third-Party Claim May Be an Option
While workers’ compensation covers most work-related injuries, there are times when it may be possible to pursue a third-party claim. This happens when someone other than the worker’s employer is partly or fully responsible for the accident. In construction site accidents, third parties may include equipment manufacturers, subcontractors, or property owners. For example, if an equipment defect caused the accident, the manufacturer might be held responsible. Pursuing a third-party claim can sometimes lead to additional compensation that goes beyond what workers’ compensation provides. Since these cases are often complex, they may require legal support to determine liability and gather evidence against the third party.
The Role of a Lawyer in Construction Accident Cases
Legal support can play a very significant role for injured workers. Lawyers can help injured workers understand their rights and explain what steps may be best suited for their unique cases. Lawyers often handle the communication with insurance companies, gather evidence, interview witnesses, and negotiate settlements. This type of support can be very helpful, especially if the case involves a third-party claim or if the workers’ compensation benefits do not fully cover all of the injured worker’s losses. Having a legal representative can make it easier for injured workers to focus on recovering while knowing that their case is being properly handled. Lawyers also ensure that the worker’s rights are protected throughout the process.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Filing a Workers’ Compensation Claim in New York
Once the accident is reported to the employer, the next step is to file a workers’ compensation claim. In New York, this process involves filling out specific forms, which are then sent to the New York Workers’ Compensation Board. This board reviews the claim and determines whether the worker qualifies for benefits. It is important to fill out these forms correctly and include all relevant information to avoid any delays. The employer and their insurance company also receive copies of the claim, and they may conduct their own investigation. If there is any dispute over the claim, the injured worker may need to attend a hearing where both sides present their evidence.
Dealing With Denied Claims
Sometimes, workers’ compensation claims may be denied, either by the employer’s insurance company or by the Workers’ Compensation Board. A claim may be denied for reasons like missing paperwork, incomplete information, or if there is doubt that the injury was work-related. If this happens, the injured worker has the right to appeal the decision. This appeal process involves submitting additional evidence, such as medical records or witness statements, that may support the claim. The appeals process can be complex, so many workers choose to seek legal help to increase their chances of a successful appeal. Proper guidance can be essential in gathering the needed information and presenting it in a way that addresses the reasons for the initial denial.
Understanding the Settlement Process
In some cases, the workers’ compensation claim may lead to a settlement. A settlement is an agreement in which the injured worker receives a lump-sum payment or structured payments to cover their losses. Settlements are common when the injured worker and the insurance company reach an agreement about the compensation amount. It is important to carefully review any settlement offer, as accepting it often means that the worker gives up the right to seek further compensation in the future. Having legal support during this part of the process can be helpful in ensuring that the settlement amount fairly covers medical expenses, lost wages, and other losses related to the accident. A fair settlement can provide financial stability, especially if the worker’s injuries prevent them from returning to their previous job.
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Returning to Work and Ongoing Medical Treatment
After a construction accident, some injured workers may be able to return to work, while others may require long-term medical treatment. For those who can return to work, New York has programs in place to help with the transition. Workers who need to learn new skills to perform different tasks due to their injury may have access to training programs. If ongoing medical treatment is necessary, workers’ compensation may continue to cover medical expenses even after they return to work. It is important to keep all documentation of treatments and any work restrictions from a doctor, as these may impact future claims or benefits.
Why Time Limits Are Important in Construction Accident Cases
There are time limits for filing workers’ compensation claims and any third-party claims in New York. These time limits are called statutes of limitations. For workers’ compensation, the injury must be reported to the employer within 30 days, and the claim should be filed as soon as possible. For third-party claims, there may be different time limits, depending on the details of the case. Missing these deadlines can limit an injured worker’s ability to receive compensation. Staying aware of these deadlines is important, as it helps preserve the right to seek financial recovery.
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Taking the Right Steps After a Construction Accident
Construction site accidents can create many challenges for injured workers, affecting their health, finances, and future. Taking the right steps early in the process can make a big difference in securing the benefits and compensation needed to move forward. Seeking immediate medical care, reporting the accident, and understanding legal options can all help protect an injured worker’s rights. Each case may have unique details, which is why having reliable support throughout the legal process can be very valuable.
If you or a loved one has been injured in a New York construction accident, Andrews, Bernstein & Maranto, PLLC is here to help you. Our team is ready to guide you through the legal process and work toward the fair compensation you deserve. Reach out to us today to discuss your case and learn how we can support you in this challenging time.