Filing For Workers’ Compensation After A Construction Work Injury

Filing For Workers’ Compensation After A Construction Work Injury2018-01-22T14:11:19+00:00

If you’ve recently been injured while working as a construction worker, you may have several questions:

  • How will I support myself while I’m out of work?
  • Does my injury qualify for Workers’ Compensation?
  • What if my Workers’ Comp claim got denied?
  • Do independent contractors qualify for Workers’ Comp?
  • Can I sue for a construction work injury?

Our lawyers can help you find answers.

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Every day, New York City’s brave construction workers risk serious injury and even death while working to build, repair, and maintain our buildings and infrastructure. Construction has always been a dangerous industry, but in New York City, the problem has only gotten worse within the past couple of years. In a two-year period between 2015 and 2016, 31 construction workers were killed in NYC. Hundreds of others had their lives disrupted by serious injuries.

Without construction workers, our cities and communities as we know them would not exist. When one of these laborers gets injured on the job, they are entitled to receive financial compensation for expenses related to their injury via workers’ compensation. However, it’s common for New York State’s Workers’ Compensation Board to deny applications and employers frequently dispute claims.

If you’ve recently been injured on a construction job and you’re struggling to receive financial assistance, Banville Law’s experienced construction work injury lawyers can help. We take pride in uncovering all possible avenues of compensation so that injured workers can receive every penny that they’re entitled to. We’re prepared to help you build a strong case for an accepted initial claim, appeal your claim if it’s already been denied, and determine if you qualify for additional forms of compensation, such as Social Security disability benefits or a personal injury lawsuit.

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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:

  • Burns
  • Broken bones
  • Traumatic brain injuries and head injuries
  • Spinal  cord injuries
  • Electrocution
  • 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 Injuriesconstruction site from above

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
  • Electrocutions
  • 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.

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