Construction sites can be hazardous, especially for those with inadequate protection and training. The Bureau of Labor Statistics estimates that in New York City in 2020, the construction industry reported 129,000 nonfatal workplace injuries and illnesses.
It only takes a moment of negligence to lose balance, and if the equipment does not meet the required safety standards, you can suffer life-altering injuries.
If the construction companies or property owners fail to protect you, you are eligible for compensation (source: rmfwlaw) offer legal services for Construction Accident Lawyer in New York City.
How Can a Construction Accident Affect you?
Any injury has the potential to affect your life. Even if it appears superficial, do not let your employer pressure you to continue working without a medical examination. Some injuries may lead to complications that can prevent you from working for weeks or months.
If you have suffered a severe accident, you may not be able to perform the same job in the future. If you want to understand what construction accident damages are eligible for compensation in New York, take advantage of the free consultation that some attorneys offer. Discuss your case and let them explain to you what rights you have.
Damages you can get compensation for
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Medical Expenses
Every worker in New York is covered for medical expenses by worker’s compensation even if they work off the books, are undocumented, or their contractor does not have insurance.
Your injuries will probably require emergency treatment, surgery costs, transportation, medical treatment, medication, and physical therapy.
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Lost Wages and Disability
If your injuries caused you to lose your work prospects, you are entitled to compensation for future lost wages. The liable company is obligated to take care of your financial well-being.
And, if you are permanently disabled, you will need adequate support for treatment, transportation, and expenses.
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Pain and Suffering
A severe accident is not only calculated in physical damage but also in how it affects your mental state. The insurance company might claim that your accident does not affect you mentally, so you must document everything about your case.
Anxiety, depression, and PTSD are all factors that are eligible for compensation in New York.
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Punitive Damages
Gross negligence and malicious acts are punishable by a court. Even though it happens rarely, if you can prove that the liable party is guilty of bad faith practices, the court can award you compensation in the form of punitive damages.
The best chance you have is if you work with a skilled attorney who can gather information and represent you in front of your employer and their insurance company.
What Should I Do After a Construction Accident In New York?
Unfortunately, organizations will try to do anything to prove that they are not at fault in construction accidents. To protect your case, remember a few key actions to take after your accident:
Inform Your Employer About the Accident
One of the most important things to do is inform your employer that the accident occurred as soon as possible. If you don’t do this on time, then you may lose your worker’s compensation eligibility.
Call 911
Call an ambulance and let them take you to the hospital for a medical examination. Do not try to brush it off, and do not be afraid of the cost. Remember that you are insured as a worker. You will need these records in court if you want to prove your injuries were caused by the construction accident.
Document Everything
If you can document what happened, do so immediately. Take photos of the scene, and note the date, time and location of the accident. If you can’t do that, ask a co-worker to gather the information for you.
Contact an Attorney
Even if workers’ compensation covers your medical bills, you can still be compensated for emotional damage and pain and suffering. Your employer or the responsible party might not provide enough compensation in some cases. The best way to protect your interests and get the compensation you need is to contact a lawyer and take legal action according to their advice. Before making any legal decision, contact an attorney familiar with labor rights.
What Can a Lawyer Do For Me?
Working with an attorney can make a huge difference in your case. Private construction companies are profit-based, so their priority will always be to protect their income. That being said, if you face difficulties and opposition, working with an attorney can help you get the justice you deserve.
The first thing you should remember is that a lawyer can calculate the worth of your case accurately. Workers’ compensation benefits will take care of most people’s injuries. However, they are not always sufficient for complete treatment. Calculating the actual value of your damages should also include the noneconomic ones, which are very difficult to determine with no legal knowledge.
Another way an attorney can help you is to handle the legal paperwork and meetings in court. If your accident is severe, you might not be able to handle all the legal deadlines physically and the mandatory forms you must present in front of the court. If you fall behind, you risk missing your right to benefits.
Lastly, if your company was negligent, it is difficult to prove that without legal backup and proof. A solid case includes witnesses, compelling proof, data, and legal expertise.
Accident lawyers are also responsible for gathering information and testimonials and negotiating with the liable party. An attorney can handle all of that while allowing you to focus on your recovery.
Undocumented Workers
One common problem in the construction industry is the abuse of undocumented immigrants. Most companies will take advantage of them since their illegal status doesn’t allow them to unionize.
Regardless of your immigration status, you have the same rights as all the other workers in New York, so don’t let contractors threaten you and hire an attorney today.
References
- New Jersey information office. (2022, January 10). U.S. Bureau of Labor Statistics. https://www.bls.gov/regions/new-york-new-jersey/news-release/workplaceinjuriesandillnesses_newyork.htm
- Department of Labor Logo United Statesdepartment of Labor (no date) Incident Investigation – Overview | Occupational Safety and Health Administration. Available at: https://www.osha.gov/incident-investigation
- IIF News releases U.S. Bureau of Labor Statistics. U.S. Bureau of Labor Statistics. Available at: https://www.bls.gov/iif/