Construction Accident Attorneys
Generally, a worker involved in a construction accident such as falls from a ladder or a scaffold has an absolute right to bring a personal injury claim against the owner and the general contractor of the job site, even if the owner or general contractor had nothing to do with the construction accident.
Construction workers, particularly those employed on bridges, scaffolds or ladders bear tremendous risk of injury. Because of this increased risk of construction accidents, workers who are injured on the job have special protections under Sections 240 and 241(6) of the New York State Labor Law.
Common Construction Accident Questions
The workers’ compensation carrier for your employer is responsible for paying all medical expenses including travel expenses for going to and from doctor’s appointments, the hospital, physical therapy, and the like. The worker must document that the medical expenses incurred were due to the covered injury.
The workers’ compensation carrier is responsible for lost wages when a worker is determined to be partially or totally, and either temporarily or permanently disabled due to a condition caused on the job or due to the job.
Sometimes you can collect for pain and suffering for an on-the-job injury if the injury was caused by the carelessness of someone else other than your employer or co-worker. These are called third-party claims, and they are separate from a workers’ compensation claim.
Yes, if it has been determined that you have a viable third-party claim then you can file a workers’ compensation claim while pursuing a third-party claim. To ensure that you are not jeopardizing one or the other, it is best to work with an attorney that understands how a third-party settlement may impact your workers’ compensation benefits.