How To File A Claim If You Were Injured On A Construction Site
Construction accidents are a common occurrence in New York. Data shows that construction accidents account for 25% of all workplace fatalities in the state. Despite the fact that New York has some of the strictest labor laws in place to protect the rights of workers, construction accidents continue to happen largely due to the negligence of employers who fail to do what they should to ensure the safety of their workers.
If you were injured on a construction site, you might be entitled to workers’ compensation benefits as well as compensatory damages from third-parties depending on what caused the accident. In this post, we will take a look at the steps you need to take following a construction site accident to get the compensation you are entitled to.
Steps to Take after a Construction Accident
- Get medical help as soon as you can.
- Notify your employer about the accident and your injuries, in writing, within 30 days.
- Contact a New York workers’ compensation lawyer. The lawyer can tell you whether you are only entitled to receive workers’ compensation benefits or if it might be possible to sue a third-party and recover compensatory damages.
Filing a Workers’ Compensation Claim after a Construction Accident
- Once you provide written notice to your employer, they should submit the Employer’s Report of Work-Related Injury (Form C-2) to the Workers’ Compensation Board and the insurance carrier.
- After the insurance carrier receives your employer’s report, they should send you the Statement of Rights (Form C-430S) to inform you of your legal rights.
- If the insurance carrier approves your claim, they should start sending payments within 10 days from the date on which they received your employer’s report.
- You should receive your workers’ compensation payments every two weeks. The payments are meant to compensate for your medical expenses and lost earnings.
Filing a Personal Injury Claim after a Construction Accident
Depending on what caused the accident, you might be able to hold the general contractor, one or more of the subcontractors, architect, engineer, equipment manufacturer, or the property owner liable for your injuries.
Generally, it’s not possible to sue your employer, as it is prohibited under New York Workers’ Compensation Law. The only exception is that if your employer is found to have violated Section 200, 240, or 241 of New York Labor Law, you can bring a claim against them directly and recover damages.
Once your lawyer determines any third parties that can held liable for your injuries, they will file a personal injury claim against them, negotiate with the insurance company, and get a settlement that adequately covers your economic and non-economic damages.
If a negotiated settlement is not possible, your lawyer should be fully prepared to take your case to trial and recover your rightful financial damages from the negligent parties.
Injured in a Construction Accident? Choose a Dedicated New York Construction Accident Lawyer to Protect Your Rights
At the Law Offices of Michael S. Lamonsoff, we have 100 years of combined experience in representing construction workers and their families. Our award-winning trial lawyers have a deep understanding of New York workers’ compensation and personal injury laws and can help you get full and fair compensation.
Our founder, Michael S. Lamonsoff, is a distinguished personal injury lawyer who has been inducted into the Board of the New York State Trial Lawyers Association. His commitment and ability to fight relentlessly to protect his clients’ rights has earned Michael S. Lamonsoff the nickname ‘The Bull’.
To discuss your injury claim with one of our highly-rated New York construction accident attorneys, call us today at 212-962-1020 or get in touch with us online and schedule a free consultation.