Construction workers have the right to a safe work environment. Unfortunately, construction job sites are prone to devastating accidents and injuries. If you have been injured while working on a construction site, it’s important to understand your rights and seek legal assistance. At Gabriel Legal Injury Lawyers, we specialize in handling workers’ compensation cases for construction accidents in New York City. 

Understanding Construction Workplace Accidents and Workers’ Rights

According to OSHA, thousands of workers are killed or injured on construction job sites every year. When you are injured at work, you may wonder who is responsible for your medical bills, damages, and lost wages during your recovery. Your employer has a duty to maintain safety standards, but accidents can still happen. In such cases, an experienced lawyer can guide you through the legal process and help you pursue the compensation you deserve.

Seeking Compensation for Construction Injuries: Workers’ Compensation vs. Personal Injury Claims

If you are injured at a construction site, you may be eligible for workers’ compensation benefits. It’s important to note that in New York State, you cannot sue your employer for your injuries. Workers’ compensation is a benefit available to all workers, regardless of fault. It covers medical expenses and provides financial assistance until you can return to work. However, navigating workers’ compensation cases can be complex, and having the support of an experienced attorney is crucial.

A personal injury claim, on the other hand, requires proving negligence on the part of a responsible party. Although you cannot sue your employer, you may be able to file a personal injury claim against a third party if they were negligent in your accident. This type of claim seeks damages for pain and suffering, medical bills, future medical care, lost wages, loss of earning potential, and other related losses. In cases of criminal negligence, the court may also award punitive damages.

Types of Claims for Construction Accidents: Workers’ Compensation, Personal Injury, Product Liability, and Wrongful Death

There are four types of claims you can file if you have been injured in a construction accident, depending on the circumstances:

Workers’ Compensation: This claim does not require proving fault. It provides coverage for your injuries through your employer’s insurance until you can return to work. It is essential to have legal representation to prevent insurance companies from denying your claim.

Personal Injury Claim: To pursue this claim, there must be a responsible party for your injury. While you cannot sue your employer, you can bring a personal injury claim against a third party. This claim seeks damages for various losses resulting from the accident.

Product Liability Claim: If your injury is caused by a faulty product, you may be eligible to file a product liability claim against the manufacturer or retailer. This claim requires proving that the product was defective, it caused your injury, and a third party was negligent.

Wrongful Death Claim: In cases where a construction accident results in a fatality, surviving loved ones, such as a spouse or children, can pursue a wrongful death claim to seek compensation.