Question

What Are My Rights After A Construction Accident In New York?

David J. Hernandez - Personal Injury - General - Super Lawyers

Answered by: David J. Hernandez

Law Offices of David J. Hernandez & Associates
Brooklyn, NY
Phone: 718-522-0009
Fax: 718-522-3305

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Answer

New York has great workers’ compensation laws, and they are especially favorable for construction. The laws provide important and valuable benefits to anyone hurting from job-related injuries received on a construction site. These rights include:

  • Wage replacement: You receive up to two-thirds of your normal salary paid, up to certain limits, to you while you recover from a construction site injury. This helps you support yourself and your family, while you can’t work the way you’re used to.
  • Health care coverage: Your employer’s insurance company covers any workplace injury you suffer. They will provide you with the necessary medical benefits to get the treatment you need. This is 100 percent coverage, so you will not have any copays, or out-of-pocket expenses.
  • Death benefits: If your loved one passed away as a result of a construction accident at work, you have a right to compensation. Losing a family member is hard enough, but when that means losing a source of income it can turn a tragedy into a dire emergency.

New York law requires a safe workplace for everyone and that means any injury on the job, regardless of fault, should be covered. However, your situation is unique, and it may benefit you to speak with a lawyer about your prospects.

How A Lawyer Can Help

You want to move quickly after a construction accident to secure the benefits you deserve. Since time is important in this, you should consider contacting a lawyer to advise you and represent you in your claim. A skilled lawyer will have the experience and knowledge to guide you to a successful outcome. In addition, your lawyer may also provide advice for what to expect in coming months as your claim develops.

A lawyer can also protect your rights in the event that your claim is denied. Often large insurance companies will deny claims for any reason they can find. Having a strong, experienced lawyer on your side will force your insurance company to treat you fairly. Your rights are there for your protection.

Furthermore, while you have coverage no matter what, some injuries are the fault of someone other than you or your employer. In that case it may make sense to pursue that party in a third-party liability lawsuit. These lawsuits can be complicated issues involving products liability and other parts of personal injury law, but your compensation and protection should be your lawyer’s top priority.

Your Situation. Your Needs. Your Choice.

Every construction worker should know their rights because the job is dangerous. It takes a toughness to work in construction, but you don’t need to ignore your injuries. You can get help. If you are suffering from a construction injury, get medical treatment as soon as you can, and never forget to take advantage of your rights.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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