Workers' Compensation: Construction Worker Job Injuries
A construction site can be a dangerous, chaotic place. There are usually several different employers present at any given time — the owner, the general contractor, subcontractors. With so much activity plus deadline pressures, accidents happen. If you were injured while working on a construction site, you may be entitled to more than just workers' compensation benefits.
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You may be entitled to more than workers' compensation, even though your first priority should be to report your injury, seek medical treatment and work on healing. It is important to talk to an experienced attorney at an early stage when memories of the incident and who was involved are fresh. This is especially true if an employee of a different employer was involved in your injury. If you have questions about the workers' compensation process and the responsibility of persons involved in your injury, you are welcome to call the Iaconis Law Office in Chittenango, New York, and talk to an attorney or a licensed compensation representative. Our office can send a representative or an attorney to speak with you at the hospital, or your home if your injuries prevent you from attending an office consultation. We serve clients throughout the Syracuse area.
- For workers' compensation benefits, the accident cause usually does not matter. Mistakes by you are not at issue in workers' compensation cases. If you were injured on the job and you were not engaged in criminal activity and did not intentionally cause your own injury, your employer's insurance carrier is responsible for paying the claim. Whether you were working on a residential development, a high-rise commercial building or an apartment building, if you fell from scaffolding or a ladder, if construction materials fell on you — whatever happened, your injuries should be covered by workers' compensation.
- You may have a third-party claim. Workers' compensation is there to help you deal with basic losses of your injury. The benefits include partial pay and full medical care and other costs related to your treatment and rehabilitation. If your accidental injury was caused by another employer's employees or equipment on the site (for example, safety violations against OSHA rules and regulations), you may have an additional personal injury claim. Contact our personal injury lawyer and set up a consultation to explain what happened, as well as to learn what your rights are.
- Who is responsible? Because of the many different employers on a construction site, there can be confusion about who is responsible for a third-party accident claim. Under New York labor law, the owner of the property is liable for injuries, but that responsibility can be shifted to others, depending on the wording of contracts. Your additional rights against third parties have a direct impact on your workers' compensation claim and a recovery for a personal injury must be coordinated with the compensation insurance carrier. The workers' comp claim should be made with your employer, but you will need advice and assistance on how to bring a claim against the others who may be responsible.
If you feel you may have a claim in addition to workers' compensation or if you are concerned about your construction site injury claim, contact our attorney, who is experienced with workers' compensation and personal injury claims.