New York City Construction Workers’ Compensation Lawyers
Filing a Workers’ Compensation Claim After a Construction Accident
Any employee can be injured on the job, but construction workers are statistically at the highest risk of work-related injuries and illnesses. According to the Occupational Safety and Health Administration (OSHA), about one in five (or 20 percent) of all work-related fatalities in the private industry sector in 2019 were in construction.
If you were injured on the job or if your loved one died due to a construction-related injury or illness, you could be entitled to workers’ compensation benefits. The state of New York requires nearly all employers to carry workers’ compensation insurance for all employees, including most contractors and subcontractors. In addition to on-the-job injuries sustained in workplace accidents, workers’ compensation also covers work-related injuries and other medical conditions that occur over time, such as repetitive strain injuries and occupational exposure.
Filing a workers’ compensation claim after a construction accident doesn’t have to be hard. At Schotter Millican, our New York City construction workers’ compensation attorneys provide personalized legal guidance every step of the way. We can help you file your claim, appeal a denied claim, or navigate any related workers’ compensation matter.
What Are the Most Common Construction Accidents?
Construction workers face numerous hazards every single day. Unfortunately, these hazards often lead to devastating job-site accidents and work-related injuries.
OSHA categorizes the most common construction accidents as the “fatal four,” which include:
- Being struck by an object
- Being caught in or between objects
Other common construction accidents include:
- Slips, trips, and falls
- Explosions and fires
- Structure and ground collapses
- Construction vehicle accidents
- Crane accidents
- Forklift accidents
- Machinery/equipment accidents
- Machine entanglement
- Demolition accidents
- Toxic/harmful exposure
Due to the severe nature of these and other common construction accidents, workers often suffer life-altering injuries, which may lead to permanent disability and the inability to return to work. As a result, many injured construction workers are unable to earn income to support themselves of their families.
Common Construction-Related Injuries
Construction accidents and working conditions often lead to a range of serious physical injuries and medical conditions, such as:
- Spinal cord injuries
- Brain injuries
- Head injuries
- Back and neck injuries
- Hearing loss
- Face and eye injuries
- Respiratory illnesses
- Repetitive motion/strain injuries
- Sprains and strains
- Asbestosis and mesothelioma
In the most tragic of cases, construction workers die as a result of their injuries or work-related illnesses. When this happens, surviving spouses, children, and other relatives may be entitled to workers’ compensation death benefits, which can help replace lost income, cover the cost of funerals, and assist with other unexpected out-of-pocket expenses.
Qualifying For Workers' Comp
Generally, employers in New York are required to provide all employees with worker's compensation benefits. However, there are some exceptions. If you fall under any of these categories, then you will probably not be entitled to workers' comp:
- Independent contractor
- Government employee
- Non-profit volunteers
- Were proven to be under the influence of a substance at the time of the accident
- Not on the clock at the time of the accident
- Your injuries were self-inflicted
- Violating laws or policies at the time of the accident
If you are employed by a nonprofit, such as Habitat For Humanity, you may qualify for workers' comp, but if you volunteered with the organization as many in New York do to help build homes, you are not owed these benefits from them. Many of these organizations require volunteers to waive the company's liability upfront before starting work.
Why Should You Hire a Construction Workers’ Compensation Attorney?
New York workers’ compensation laws typically favor employers and their insurance companies. Injured workers may not fully understand their rights, or they may experience difficulties in recovering the full amount they are owed in benefits. They could have their claims denied or their benefits terminated. By working with an experienced attorney, you arm yourself with an ally who will advocate for you throughout the legal process.
At Schotter Millican, we are proud to represent hard-working individuals who have been injured on the job or who have suffered work-related illnesses. Our New York City construction workers’ compensation lawyers have a long history of defending employee rights, as well as established connections with local labor and transport unions. We are pro-worker and pro-labor and have the experience and resources to take on complex cases other law firms can’t. When it comes to maximizing our clients’ recoveries, we go further and push harder to ensure that they receive every penny they are owed.
Schedule a Complimentary Case Evaluation
Our team is here to help you with every aspect of your construction workers’ compensation claim. We offer dedicated and highly personalized legal services to clients in Brooklyn, Manhattan, Queens, and all of New York City. We have a team of on-staff videographers who can accompany you to your independent medical examination (IME) free of charge, and we are happy to provide you with the information you need to make empowered decisions about your case.
Our multilingual staff can assist you in English, Spanish, or Polish. We offer contingency fees, meaning you do not pay any legal fees unless/until we recover compensation for you. Get in touch with us today to learn more.
We'll Be Your Resource
Workers' Compensation can be confusing, but we're here to make sure you have everything you need.
When Others Quit, We Persist
We'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
Activism Backed With Heart
We have been involved in worker activism for decades, and we care deeply about you and your case.
We're Used to Winning
Our attorneys have a long history of large appellate wins, so you can feel confident in our experience.
Videographers Sent to Every IME
We send a videographer to EVERY one of your independent medical examinations (IME) to protect your rights.
We Take Complex Cases
We're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.