Masons and bricklayers are an integral part of any construction project. They help to build and maintain structures through the construction and installation of foundations, floors, beams, and columns. This is physically demanding work, as masons are required to work from uncomfortable positions, lift and carry heavy materials, and repeat the same physical movements throughout each shift. With such high physical demands, the risk of a mason work injury is quite high.
Without masons, New York City never would have grown into the global megacity it is today. When one of these workers gets injured on the job, they deserve to receive the maximum compensation they’re entitled to. While all employees are entitled to workers’ compensation for job-related injuries, it’s common for injured masons to struggle to actually receive these benefits.
If you are legally considered an employee, than any work-related injury you experience qualifies for workers’ compensation. However, employers and their insurance companies frequently deny claims, even for workers’ who truly need financial assistance. This is because workers’ compensation is a form of insurance, which means that insurance companies lose money by paying out benefits.
Workers’ compensation is no-fault insurance, which means that you are eligible to file a claim even if your own mistake caused your injury. As a compromise, your employer is protected from lawsuits, unless they committed an egregious safety violation. While it’s common for injured workers to encounter roadblocks in the claims and appeals process, an experienced New York mason work injury lawyer can make the process go much more smoothly.
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Most masons and bricklayers work on construction sites, which are some of the most dangerous workplaces with some of the highest incidences of workplace injuries. Even when a mason is following safety standards perfectly and doing all that he can to protect himself, the mistake of another worker can easily lead to a serious accident.
The International Labour Organization (ILO) has identified the following occupational hazards which frequently lead to mason and bricklayer injuries:
Accidental injuries, occupational illnesses, and repetitive motion injuries are all eligible for workers’ compensation. In order to file a claim, you must first meet with a doctor who will establish a link between your injury or illness and your job duties.
In workers’ compensation claims, negligence is not taken into account. However, if a negligent third party was responsible for causing your accident and injuries, you may hold them liable in a personal injury lawsuit. If you were injured while working as a mason on a construction site, there is a very good chance you were working in close proximity to a variety of third parties. These sites are made up of a variety of companies, independent contractors, subcontractors, and other entities that do not share a common employer.
Violations of safety standards and failure to address hazardous conditions are two common forms of construction site negligence. Determining liability for a construction site work accident is complex since there are so many different factors to consider. If you were injured in an accident caused by someone else, you should consider meeting with an experienced personal injury lawyer who can evaluate your case in a free consultation.
You may not be required to have a lawyer when you apply for workers’ comp, but having one by your side greatly increases your chances of an accepted initial claim. Many injured workers don’t lawyer up until their claim has already been denied, but you can save yourself a great deal of time and headaches by hiring one in the early stages of the process.
If your claim already has been denied, it is almost always necessary to have a lawyer’s help in the appeals process. You will need to provide new evidence in order to have them reconsider your claim, and an experienced lawyer will know how to collect the appropriate documents and evidence.
As mentioned before, injuries that occur on construction sites have complex circumstances. If a third party caused your injury, you may be eligible for a personal injury lawsuit in addition to your workers’ compensation benefits. If your injury is disabling, you may also qualify for Social Security disability benefits. Banville Law’s knowledgeable work injury lawyers can evaluate every aspect of your case in order to help you seek all possible routes to compensation.
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