When you are injured on a construction job in New York, two main legal paths open up to help you recover financially.
- The first is filing a New York Workers’ Compensation claim, which covers medical bills and a portion of your lost wages, regardless of who was at fault.
- The second is a possible third-party personal injury lawsuit against a negligent party who is not your employer—such as a general contractor, a subcontractor, or an equipment manufacturer. This second path allows you to pursue compensation for things workers' comp does not cover, like pain and suffering.
If you have a question about your construction site injury, call Mattar, P.C. at (866) 821-1394.
Path #1: The First Step for Every Injured Worker
What is Workers' Compensation?
Workers’ Compensation is a no-fault insurance system designed to provide a financial safety net. It’s a legal concept that simply means you do not have to prove your employer was careless to receive benefits. It provides two primary things:
- Payment of Medical Bills: Covers the costs of all reasonable and necessary medical treatment for your work-related injury.
- Partial Wage Replacement: Replaces a portion of your lost income while you are unable to work.
What Should You Know About Filing for Workers' Comp?
Notice is Key
You must notify your employer of the injury in writing within 30 days. While this sounds straightforward, how you describe the incident affects your claim. We handle this notification to ensure it is clear and complete.
The Independent Medical Examination (IME)
Your employer's insurance carrier will likely require you to be examined by a doctor of their choosing. This doctor's report will heavily influence the benefits you receive. We will help you prepare for this appointment and understand its role in your case.
It's an Administrative Process, Not a Lawsuit
Filing for workers' comp is not the same as suing your employer. In fact, workers' comp generally prevents you from suing your direct employer for negligence.
Path #2: Holding a Negligent Third Party Accountable
Why Might Workers' Comp Not Be Enough?
Did you know that Workers' Compensation benefits have limits? They do not pay for the full amount of your lost wages, and they provide nothing for the physical pain and emotional toll the injury takes on your life.
For construction workers, injuries are frequently caused by the actions of someone other than their direct employer. According to the Occupational Safety and Health Administration (OSHA), falls, struck-by incidents, electrocutions, and caught-in/between incidents are the leading causes of death in the industry, often involving multiple companies on one site. When another party’s carelessness—their negligence—causes your injury, a separate door opens.
A third-party claim allows you to seek the financial recovery that workers' comp leaves out. This includes compensation for:
- Pain and Suffering: For the physical pain and emotional distress.
- Full Wage Loss: The difference between what workers' comp pays and what you actually lost.
- Future Lost Earnings: If the injury impacts your ability to earn a living long-term.
- Loss of Enjoyment of Life: For how the injury rewrites every aspect of your life outside of work.
Who Could Be a "Third Party" on a Construction Site?
A third party is any person or company, other than your direct employer, whose actions contributed to your injury. Examples include:
- The General Contractor or Property Owner: Who failed to ensure the site complied with federal safety rules outlined in 29 CFR Part 1926.
- A Different Subcontractor: Whose employee operated a vehicle carelessly or left debris in a walkway.
- An Architect or Engineer: Who designed a faulty structure.
- The Manufacturer of Defective Equipment: If a tool, scaffold, or machine failed and caused the injury.
Our role is to investigate the incident thoroughly to determine every party that shares legal responsibility, or liability, for what happened to you.
What Are Some Common Missteps to Avoid After a Work Injury?
Here are a few things to keep in mind.
- Don't: Give a recorded statement to any insurance adjuster without speaking to an attorney first.
Try Instead: Politely decline and state that you will have your lawyer provide any necessary information. An adjuster's job is to conduct a thorough investigation, which includes looking for any statements that might be used to argue you were at fault. - Don't: Post about your injury or daily activities on social media.
Try Instead: Stay low-key for now. Assume anything you post online will be seen by the insurance company. Photos or comments, even when innocent, may be taken out of context and used against your claim. - Don't: Miss any doctor's appointments or fail to follow your treatment plan.
Try Instead: Keep a detailed log of all appointments and treatments. Following medical advice demonstrates the seriousness of your injuries and is a requirement for receiving benefits.
Frequently Asked Questions About Construction Accidents
Can I be fired for filing a Workers' Compensation claim in New York?
No. New York law prohibits an employer from retaliating against you for filing a workers' comp claim. If this happens, you may have grounds for a separate legal action.
What if my employer doesn't have Workers' Compensation insurance?
In New York, it is illegal for an employer to operate without this insurance. If your employer is uninsured, we help you file a claim with the New York State Uninsured Employers Fund.
How long do I have to file a third-party lawsuit in New York?
The statute of limitations for most personal injury claims in New York is three years from the date of the accident. However, exceptions exist, making prompt action necessary.
Do I have to pay taxes on my workers' comp benefits or a lawsuit settlement?
Generally, Workers' Compensation benefits are not taxable at the federal or state level. The taxability of a personal injury settlement is more complex, particularly if it includes lost wages.
New York has some of the highest construction fatality rates; does this affect my case?
Yes. The fact that New York sees so many construction accidents means that state labor laws and safety regulations are very specific. We have deep experience handling cases under these specific New York laws.
Charting Your Path to Recovery
When you're injured, you just want to get better and know that your family is secure. You don't have to figure out the details of workers' compensation and personal injury law on your own. Let us handle the details so you can focus on healing.
If you were hurt on a construction site, call Mattar, P.C. for a free consultation. We are here to answer your questions. Contact us today at (866) 821-1394.