Construction Accident Attorney in New York

What Are My 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 & 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 compensation that truly reflects your needs.

At Schotter Millican, LLP, our experienced construction accident attorneys in New York City are dedicated to helping you navigate these complex legal waters. We can evaluate all potential claims and pursue every avenue available to maximize the compensation you deserve. 

How to Qualify For Workers’ Comp as a Construction Worker

Generally, employers in New York are required to provide all employees with workers' compensation benefits. However, there are some exceptions. 

Scenarios where individuals may 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.