Carpentry is a rewarding, but sometimes dangerous craft. Carpenters are capable of creating beautiful structures and ornate objects through their woodworking skills, but these projects often involve the use of potentially dangerous tools and equipment. Rough carpenters are typically working on construction sites, which means the risk of an accidental injury is always present. Even finish carpenters who specialize in crafting furniture or musical instruments suffer serious injuries while working.
New York’s Workers’ Compensation Law requires employers to provide all employees with workers’ compensation, which covers medical bills and a portion of lost wages when they get hurt on the job. However, many injured New York workers struggle to receive these benefits. Employers and insurance companies routinely find reasons to deny claims, and carpenters working as independent contractors are not eligible to receive workers’ compensation.
Anyone who is legally classified as an employee is eligible to receive workers’ compensation. As noted above, these benefits are not available to independent contractors. However, many workers are misclassified as independent contractors, even though their work relationship is that of an employee. This is illegal, but some employers use this tactic to avoid paying for worker benefits.
Carpenters who do work independently may choose to purchase their own workers’ compensation insurance. But in any situation, injured carpenters often have the option to seek additional compensation against negligent third parties in a personal injury lawsuit.
Employee carpenters may seek financial compensation for work-related injuries in a workers’ comp claim. However, sometimes employers may argue that your injury is not work-related. For example, you may have slowly developed a lower back condition due to repetitive movements at work, which your employer argues had nothing to do with your job duties. Insurance companies will also look for any reason to deny a claim, as this is how they increase their profits.
Workers’ compensation sounds good in theory, but when insurance and liability concerns become involved, the process can get complicated. Injured workers are made to face large insurance conglomerates and their attorneys. Because of these complexities, it’s often necessary to have your own experienced workers' comp lawyer who understands how the system works.
A carpenter’s work environment frequently involves working with a variety of third parties. Construction carpenters are regularly interacting with independent contractors, subcontractors, architects, property owners, etc. Finish carpenters often take on private clients and may conduct work in or around their homes. When one of these third parties causes an injury through negligence, they could be held financially liable in a personal injury lawsuit.
Examples of negligence which could lead to a carpenter work injury include:
Regardless of your employment status, if anyone other than a co-worker or employer caused your work injury through negligence, you could have a strong case for a lawsuit.
Carpenter work injuries can be broken down into three main categories:
Remember that for workers’ compensation, it doesn’t matter if you were at fault for your injury. As long as you’re classified as an employee, you are entitled to benefits.
Work injury claims are generally complicated, and this is even more true for carpenters, as so many of them work independently or primarily on construction sites. It often takes a careful review by a knowledgeable lawyer to determine your best option for financial compensation.
At Banville Law, we have lawyers who specialize in both personal injury and workers’ compensation claims. We understand what it takes to identify liable parties and we know how to hold them accountable. If you’re looking for answers after suffering a carpenter work injury, we’ll gladly help you find answers in a free consultation.
Learn more about Financial Compensation For NYC Electrical Work Injuries.