When you work in construction, an accident can be devastating. It can also be an incredibly stressful and confusing time. When you have questions about your case and future, it’s important to know where to turn for help. At The Platta Law Firm, we’ve been fighting for victims of NYC construction accidents for decades.
Our construction accident lawyers in New York have taken the time to answer some of the questions we get most often. Don’t hesitate to contact our NYC law office at (212) 514-5100 if you would like to discuss the details of your specific situation with our team.
Do I Qualify for Workers’ Compensation If I’ve Been Hurt in a Construction Site Accident?
Workers’ compensation benefits are available as long as you:
- Work for an employer who carries workers’ compensation insurance, as required by law
- Are classified as an employee, not an independent contractor; and
- Suffer an injury while performing work-related tasks or responsibilities.
Benefits can be a lifeline as you work to get back on your feet. However, they are limited – both in terms of how much money you can get and for how long. It’s important to consider all of your options after a construction accident, including the ability to sue a liable third party for additional compensation.
What Happens If My Employer Doesn’t Have Workers’ Compensation Insurance?
Construction employers – including general contractors and subcontractors – are legally obligated to carry workers’ compensation insurance. If your employer doesn’t have workers’ compensation, they’ve violated New York state law. In these situations, you’ll have a few different options for recovering compensation:
- File a claim with the New York Uninsured Employers Fund (UEF)
- Sue your employer directly for accident-related damages
- Sue another liable party, such as a property owner, co-worker, or contractor
You may also be able to seek workers’ compensation benefits through a general contractor’s policy. An experienced workers’ compensation lawyer near you in New York can help you explore your legal rights and options. Reach out to The Platta Law Firm to discuss your construction accident case today.
What Can I Do If My Claim for Workers’ Compensation Is Denied After a NYC Construction Accident?
Just because your claim for workers’ compensation benefits has been denied doesn’t mean your fight for compensation is over. New York law allows you to appeal the insurance company’s decision. You must file an appeal with the Workers’ Compensation Board within 30 days of receiving your denial letter. Mistakes during the appeals process can be costly, so it’s best to enlist the help of a skilled construction accident lawyer near you in NYC to make the most of this situation.
What Is Labor Law 200?
Construction companies have an obligation to protect their workers. Labor Law 200 emphasizes this duty by imposing a “general duty to protect [the] health and safety of employees.”
Under Labor Law 200, employers are required to:
- Equip workers with “reasonable and adequate protection” to protect their lives, health, and safety; and
- Ensure that machinery, equipment, and devices are “placed, operated, guarded, and lighted” in such a way that enhances worker safety.
If an employer fails to keep equipment in proper working condition or permits employees to work in unsafe or dangerous conditions, the Department of Labor can shut down construction operations or prohibit the use of specific pieces of machinery. Labor Law 200 applies to most construction operations, including demolition, renovations, building repairs, and new construction.
What Is Labor Law 240?
Labor Law 240, commonly known as the Scaffolding Law, protects construction workers who are injured by falls from heights or struck by falling objects.
Under the law, property owners, contractors, and agents involved in the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” must take extra precautions to protect employees who work on elevated platforms like scaffolding and ladders. This includes providing appropriate safety training and inspecting blocks, hoists, pulleys, slings, hangers, and other equipment regularly.
If you were working from an elevated platform on a NYC construction site and not provided with “proper protection,” you may have the right to file a claim under Section 240 of the New York Labor Code. This could give you the opportunity to recover compensation above and beyond what workers’ compensation will pay.
What Is Labor Law 241?
Labor Law 241, which applies specifically to workers in construction, demolition, and excavation, requires employers to “provide reasonable and adequate protection and safety to the persons employed therein” in regard to elevators and shafts, the construction of floors, and heavy machinery.
In other words, employers have to take special precautions when a project progresses vertically. Section 241 dictates which types of materials must be used for certain structural beams, how floors are to be designed and constructed, and how materials can be safely hoisted from the ground.
You may have the right to sue your employer under Section 241 if they were negligent and violated specific provisions of the law. Any damages recovered would be awarded to you above and beyond any workers’ compensation benefits you received.
Can I Recover Compensation If I’m Partly to Blame for a New York Construction Accident?
It depends on (a) what type of claim you file and (b) how much fault you share for the construction accident. New York’s pure comparative negligence statute will apply to civil construction accident lawsuits, but not claims for workers’ compensation benefits.
Under the comparative negligence system, damages in a lawsuit are reduced proportionately to a plaintiff’s liability. If you’re 25 percent responsible for a construction accident, your financial recovery in a third-party lawsuit will be reduced by 25 percent. Your claim for workers’ compensation will be unaffected by contributory negligence. Since workers’ compensation is a no-fault system, liability generally won’t affect your ability to recover benefits for lost wages, disability, and medical expenses.
Can I Get Compensation If I Was Hurt While Walking by a NYC Construction Site?
Yes. You don’t have to be a construction worker to file a construction accident lawsuit. Property owners, construction companies, and contractors have a responsibility to protect workers and anyone who is “awfully frequenting” construction sites. This can extend to sidewalks, walkways, alleys, and areas adjacent to a construction site.
If you’re hurt while walking past a construction site in New York City, you may have the right to sue for damages. Our construction accident attorneys in NYC can help you explore your legal options.
Call The Platta Law Firm’s Award-Winning NYC Construction Accident Attorneys for Help
If you’ve been injured in a New York construction accident, it’s important to discuss your legal rights and options with a qualified and knowledgeable attorney. At The Platta Law Firm, our New York construction accident attorneys have over 150 years of collective experience and a proven ability to win tough cases. In fact, we’re so skilled in construction accident litigation that our case results have helped to change New York labor law for the benefit of construction workers.
Don’t hesitate to contact us at (212) 514-5100 with questions about your construction accident case. We’re here to answer your call 24 hours a day.
