Which Construction Worker Injuries Are Eligible For Workers’ Comp?
Any injury or illness which is related to your job duties qualifies for workers’ compensation. This includes both accidental injuries and occupational diseases, such as illnesses from asbestos exposure. In order to receive benefits, you must seek medical attention, provide adequate evidence that your injury is work-related, and file an injury report and claim. If your work-related injury is severe enough to result in at least 8 missed days of work, you may receive coverage for medical expenses and cash payments for roughly 2/3 of your lost wages.
Injuries Which Frequently Require Compensation
Construction work is inherently dangerous, and these sites are riddled with hazards which could cause an injury. However, far too many construction workers get injured in preventable accidents. Construction site owners and managers in New York City must do more to take construction site safety seriously.
Common injuries and occupational illnesses which require a claim for workers’ comp include:
- Broken bones
- Traumatic brain injuries and head injuries
- Spinal cord injuries
- Knee, ankle, and foot injuries
- Toxic exposure illnesses
- Repetitive motion injuries
If you’re unsure if your injury or illness is work-related, you should meet with your doctor and speak with him about the possibility that your job duties are the cause.
Common Hazards Leading To Injuries
Banville Law has helped construction workers after all types of construction accidents. We frequently see serious injuries which resulted from such dangers as:
- Falls from ladders and scaffolding
- Forklift accidents
- Crane accidents
- Building and ceiling collapses
- Gas explosions and fires
- Falling objects
- Nail gun accidents
- Welding accidents
- Heavy machinery accidents
- Slips, trips, and falls
Regardless of how your accident occurred, you are entitled to workers’ compensation for your injury. Workers’ comp is a form of no-fault insurance, which means that injured workers are covered even if the accident was their fault. Conversely, employers are usually protected from lawsuits, with exceptions in cases of gross negligence.
Can I Sue For My Construction Work Injury?
In some cases, construction workers have the option to file a personal injury lawsuit for additional compensation.
For independent contractors and subcontractors, this is often the only way to recover compensation. These workers are not technically considered employees, so they are not required to have workers’ compensation coverage. If a contractor gets injured by someone else’s negligence, they may file a lawsuit to recover additional damages, such as pain and suffering or loss of quality of life.
Even if you are an employee, you could file a personal injury lawsuit if a negligent third party caused your accident and injuries. This includes anyone other than your employer or co-workers, such as independent contractors, subcontractors, property owners, engineers, and architects.
Do I Need To Hire A Lawyer?
Regardless of your employment situation, Banville Law can help you recover the maximum compensation you’re entitled to for a work injury. Even though you may be entitled to workers’ compensation, rightful claims are frequently denied because of the greed of insurance companies and employers. These parties will have lawyers who specialize in finding reasons to deny claims. It’s only fair that you have your own experienced legal counsel who understands how work injury benefits and how to get claims accepted.
If applicable, a work injury lawyer can also help you to receive disability benefits and to file personal injury claims against negligent third parties. If you have recently lost a loved one in a construction accident, we can assist your family with a wrongful death lawsuit.
At Banville Law, we’ll happily begin helping you by listening to your story in a free consultation. Your payment is provided as a small percentage of your final compensation award, and you pay us nothing unless we help you receive this compensation.