Workers Comp and Your Construction Accident
Nearly 500 New York construction workers died because of an accident in the decade before 2016, according to a report from the New York Committee for Occupational Safety and Health.
The federal Occupational Safety and Health Administration, commonly known as OSHA, also reports that more than 5,000 construction workers nationwide died while on the job in 2016 alone.
That’s a scary statistic. Industry watchdogs such as OSHA have been taking progressive steps to help reduce those numbers, increasing safety fines in August 2016 in the hopes that the move would encourage more employers to follow the safety and health standards set out in federal and state laws.
But the work to ensure the safety of construction workers continues on to this day. This same New York report also found safety violations at 90 percent of construction fatality sites.
Involved in an Accident at a Construction Site?
If you are a construction worker, you deserve protection while doing your job. If you are injured or hurt during the course of your employment while on the job, you can seek workers’ compensation benefits that will provide you with medical coverage as well as some lost earnings. Contact our law firm today to help you learn about your rights and your ability to claim workers’ compensation.
Fortunately, New York state law favors construction workers; with the right personal injury attorney, you stand a fighting chance of getting the benefits you deserve. In fact, NY mandated law requires worker protection for various construction activities, including one of the most common – falls.
Falls account for more injuries than most other causes of accidents on construction sites, resulting in back injuries, broken limbs and more. If you find yourself with a fall-related injury, consider reaching out to a back injury lawyer or personal injury attorney near you to find out how you can claim the benefits you deserve and the compensation you and your family need to survive while you’re out of work.
Leading Causes of Construction Injuries and Death
There are four leading causes of death and injury in construction. These “fatal four” result in nearly 90 percent of all construction worker deaths in New York.
– Falls: There is a specific law in New York that requires employers to provide protection for those doing gravity-related work and could result in accidents like falls.
– Electrocution: Exposed wires or faulty wiring can put workers at risk.
– Being struck by an object: Employers should have policies in place to prevent objects, like debris or building material, from falling and causing serious injuries.
– Getting caught in-between objects: Workers can be injured if a building collapses or they are compressed by equipment.
If the incidents of the “fatal four” were eliminated, the lives of more than 600 construction workers could be saved in the United States every year.
Financial Benefits When You Can’t Work
In New York, you can make claims for workers’ compensation, as well as personal injury, wrongful death and product liability lawsuits. Workers’ compensation refers to the insurance that your employer holds which provides direct benefits or medical care to workers if they become injured or ill because of their job, so it doesn’t turn into a lawsuit or a legal matter.
If you’re disabled and unable to work for more than seven consecutive days, you can claim workers’ compensation. A formula is used to determine the maximum amount you can claim. It multiplies your average weekly wage by how disabled you are, and again by two-thirds, so it is not a full compensation.
You don’t contribute to this insurance, and your employer can’t make you do so. There is also no fault findings in workers’ compensations claims. You don’t have to prove that the accident happened due to negligence on the part of your employer. Likewise, it doesn’t matter if your own carelessness caused the accident. However, you can lose the right to claim workers’ compensation if you were injured because you were intoxicated or trying to hurt someone else.
Denial of Compensation – Getting Legal Help
Your employer can fight your workers’ compensation claim and argue that you were not injured while on the job, that it was your fault, or that your injuries are not as extensive as you claim. Because it functions as insurance and not a legal matter, employers or insurance companies sometimes deny legitimate claims.
When situations like this arise, you need a strong personal injury lawyer on your side to help you navigate filing the claim and, if necessary, defend it.
The attorneys at Stuart M. Kerner, P.C. are experienced in personal injury and workers’ compensation law in New York and will fight vigorously for the benefits you deserve. Their personal injury lawyers can help ensure you get the money you need to support yourself while you focus on getting better.
If you’ve been involved in a construction accident and are interested in learning more about your rights and benefits, we are here to help. Contact your Bronx Accident Attorney, the Law Offices of Stuart M. Kerner, P.C., located in the Riverdale – Kingsbridge section of the Bronx, we’ll investigate and negotiate with the insurance company of the negligent party and work on settling your claim and obtaining compensation for your injuries and pain and suffering. If you would like a legal opinion on the potential value of your matter or have a question about your rights, contact one of our lawyers at (718) 796-7900 to schedule a FREE Consultation online so we can evaluate your personal injury case.