New York City Construction Workers’ Compensation Attorney

Understanding Your Rights After a Construction Accident

After a construction accident, it’s crucial to understand the full scope of your rights, not only under workers’ compensation laws but also in the context of personal injury claims and third-party liability. Many construction workers are unaware that they may have multiple avenues for securing compensation, particularly if negligence played a role in their injury.

Some key points to consider include:

• Employer Negligence: If your employer failed to provide a safe working environment, you might be entitled to pursue additional claims beyond workers’ compensation.
• Third-Party Claims: If a third party such as equipment manufacturers or contractors contributed to your accident, they could be held responsible for your injuries, allowing you to seek further damages.
• Long-Term Consequences: Understanding the long-term implications of your injuries, including lost wages, medical expenses, and rehabilitation costs, can help you pursue a compensation that truly reflects your needs.

At Schotter Millican, LLP, our experienced attorneys are dedicated to helping you navigate these complex legal waters. We will evaluate all potential claims and pursue every avenue available to ensure that you receive the compensation you deserve. Contact us today for a free consultation to discuss your specific situation and begin building a strong case.

How to Qualify For Workers’ Comp As a Construction Worker

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.

When Do I Qualify For Workers’ Comp Benefits As A NY Construction Worker?

As a construction worker in New York, you are normally eligible for workers' compensation payments if you sustain an injury or sickness that is directly related to your employment. According to New York law, construction workers are presumed to be employees and hence entitled to workers' compensation payments. This is part of the state's efforts to guarantee that all construction workers are properly protected and supported in the case of workplace injuries or fatalities.

To be eligible for these benefits, you must follow certain actions and requirements. First and foremost, you must provide your employer formal notice of the injury within 30 days of the incident. This early notification is essential for retaining your eligibility for compensation benefits.

Moreover, the nature of your injury and the circumstances under which it occurred play a significant role in determining your qualification for benefits. In general, if your injury is work-related, you should qualify for workers' compensation. However, there may be exceptions, such as if it's determined that you were under the influence of drugs or alcohol at the time of the injury.

How To File Workers’ Comp Claim As A NY Construction Worker

To file a workers' compensation claim in New York, here are the general steps to follow: 

• Notify your employer: You must inform your employer about the work-related injury or illness within 30 days of its occurrence. It is best to notify them in writing and retain a copy for your records.
• Seek medical care: It's important to seek immediate medical attention for your injury or illness. Your medical provider should be familiar with handling workers' compensation cases.
• Obtain necessary forms: To file a claim, you will need to complete Form C-3, the Employee's Claim for Compensation. This form can be obtained from the Workers' Compensation Board (WCB) website or by contacting the WCB directly.
• Complete the C-3 form: Fill out the C-3 form accurately and thoroughly, providing details about the incident, your injury, and any medical treatments received. Make sure to include all relevant information and sign the form.
• Submit the form: After completing the C-3 form, submit it to the appropriate District Office of the New York Workers' Compensation Board. Keep a copy of the form for your records.
• Follow up with your employer and the insurer: Stay in communication with your employer and their workers' compensation insurance carrier to ensure that they receive your claim and process it accordingly. Maintain records of all conversations and correspondence related to your claim.

What Should I Do If My Workers’ Comp Claim For A Construction Worker Injury Is Denied?

If your workers' compensation claim for a construction work injury is denied in New York, it's crucial to take immediate action to protect your rights and pursue the benefits you deserve.

Here are the steps you should follow:

1. Understand the Denial: Carefully review the denial letter from the insurance company. It should explain the specific reasons why your claim was denied. Common reasons include insufficient medical evidence, discrepancies in the accident report, or missed deadlines.
2. Gather Evidence: Collect all relevant documentation related to your injury. This includes medical records, accident reports, witness statements, and any correspondence with your employer or the insurance company. Detailed documentation can strengthen your case on appeal.
3. File an Appeal: In New York, you have the right to appeal a denied workers' compensation claim. You must file a Request for Assistance (Form RFA-1W) with the New York State Workers' Compensation Board as soon as possible. There are strict time limits for filing an appeal, so prompt action is essential.
4. Consult a NYC Workers’ Comp Attorney for Construction Workers: Engaging experienced workers' comp lawyers from Schotter Millican, LLP can significantly improve your chances of a successful appeal. An attorney can help you navigate the complex legal process, gather additional evidence, and represent you at hearings.
5. Attend Hearings: Be prepared to attend any hearings scheduled by the Workers' Compensation Board. Your attorney will represent you, but your presence and testimony may be necessary to support your case.
6. Follow Medical Advice: Continue following your healthcare provider's recommendations and attending all medical appointments. Ongoing medical documentation is crucial for substantiating your claim.

If your claim has been denied, our dedicated NYC workers’ comp attorneys for construction workers are here to guide you through every step of the appeals process. Schotter Millican, LLP is ready to advocate tirelessly on your behalf to ensure that you receive the benefits and compensation you deserve. Contact us for a consultation to discuss your case and explore your options.

Why Should You Hire an NYC 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, LLP 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.