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Construction job sites are often some of the most dangerous work environments, and workers suffer injuries on the job daily across the United States. When a construction worker gets hurt, what happens next? What are their rights?
Under state law, if a person gets hurt while working, their employer’s workers’ compensation insurer is usually responsible for providing critical benefits. Some states also have stricter laws regarding construction accidents that hold employers directly liable in certain situations, such as scaffolding collapses. Further, if a third party was negligent and caused the accident, they might be liable for all the worker’s injury-related losses.
If you suffered an injury as a construction worker on the job, you may have the right to workers’ compensation benefits and potentially additional compensation for your losses. Seek the support of a New York City construction accident attorney for the legal guidance and support you need in this situation. They can protect your rights and secure the compensation you deserve. You should also know what to expect if you suffer an injury on the job.
Know the Risks to Workers on a Construction Job Site
Many workers suffer an injury on construction job sites each year. The Bureau of Labor Statistics indicates that nearly one in five workplace deaths occur in the construction industry. That incredible number does not even represent the people who are seriously hurt and survived their accidents.
Many construction accidents result in catastrophic injuries, including:
- Traumatic brain injury
- Spinal injury
- Dismemberment
- Nerve damage
- Major lacerations
- Electrical injuries
Many of these injuries completely change the course of a worker’s life, causing permanent disabilities and disfigurement. Knowing what to do to ensure you receive full benefits and third-party compensation when possible is imperative, as your future is on the line.
What to Do After a Construction Worksite Accident
If you suffer a workplace accident on a construction site, there are several steps you need to take and many things your employer needs to do to be sure you get total compensation for the losses you suffer. In each situation, it is best to work with a construction accident attorney as soon as you realize the severity of your injuries.
Notify Your Employer of What Occurred
After the incident, document what happened with your employer as soon as possible. You might report it to the human resource representative for the company or your immediate supervisor. In many states, you have 30 days from the date of the injury to report it to preserve your rights to benefits. You must be aware of the deadline where you work, and it is better to report your injuries immediately to minimize complications with your claim.
You do not – and should not – settle your claim during this initial discussion with your employer. If your employer offers to resolve the matter outside of the workers’ compensation system, you should decline and immediately consult a construction accident attorney.
Also, you do not have to answer many questions about your injuries or what happened, especially if you believe they may be trying to challenge your injuries. Do not discuss the severity of your injury, as it might worsen or complications might develop. Simply notify the appropriate party about the injuries you suffered and keep it simple.
Complete Your Medical Care
It is also quite crucial that you get medical care from a licensed medical provider. In the case of a severe or life-threatening injury, it doesn’t matter where you go to get that treatment—you can seek emergency treatment at the closest hospital without consulting your employer first.
If your condition is not an emergency, never put off getting medical care. Do not underestimate your injuries, as they might develop worse symptoms as time passes without treatment. Further, if there is a gap between your construction accident and treatment, insurance companies can challenge whether your injury was truly work-related.
Once you receive initial medical care and a diagnosis, do not stop there. You need to continue with all recommended care, including follow-up appointments with specialists, medications, or physical therapy. Be sure to complete all your treatment, as this demonstrates you are doing everything possible to recover and mitigate your losses.
At this point, you should also work with a construction accident attorney to document all your losses and determine your rights to benefits and third-party compensation. Consulting an experienced attorney can help you understand your situation and options.
Alert the State of the Incident
In states like New York, you also have the right to file a statement with the state that documents your injuries. It is necessary to do this if you are likely to miss seven or more days of work or suffer some type of permanent impairment due specifically to your work injuries.
When you file the Employee Claim Form C-3 with the state, you alert the Workers’ Compensation Board in New York of the lost time at work. You need to do this within two years of the date of the injury to file a claim.
This form is critical. It lets you communicate what happened and why you believe the employer is responsible for those losses. The terms and language you use in this document will play a role in what the Board of Workers’ Compensation will do to ensure you receive proper benefits for your serious injuries.
Your construction accident lawyer will know all the requirements under state law and ensure you file all necessary documentation to preserve your rights to benefits.
Know What You Have a Right to Receive as Benefits
Your specific situation may be unique, but there are some general rules that all workers’ compensation claims follow regarding benefits. Specifically, workers’ compensation benefits will provide you with:
- Coverage for the medical care you receive directly related to the injuries suffered at work
- Compensation for partial lost income if your injuries caused you to miss work
Under workers’ compensation law, you are not legally allowed to seek pain and suffering or other non-economic damages from your employer for the losses you suffer on the job site. These intangible losses are not compensable under the workers’ compensation system. That can be very limiting, especially in severe injury cases where the losses are significant.
The right construction accident lawyer can explore whether a third party’s negligence contributed to the accident. If so, it gives you the right to hold that party liable for all your losses, including total lost income and non-economic damages like pain and suffering. Seeking this compensation can make a significant difference in your future financial support, so you always want a legal professional to investigate and determine if this is a possibility.
Can You Sue Your Employer After a Construction Site Accident?
There are numerous situations where a construction accident can cause severe and life-altering consequences for victims. You may have substantial and ongoing losses beyond your medical bills and lost income in these cases. It may seem unfair that the employer does not cover your additional losses.
Workers’ compensation laws limit your ability to file a lawsuit against your employer. In exchange for a no-fault system that favors employees, the law releases employers from liability aside from workers’ compensation insurance benefits.
Some states have loopholes that allow injured workers to hold employers liable for non-economic damages in limited situations. For example, New York makes an exception for certain workers who suffered “grave injuries.” These might include amputations, total blindness, or permanently disabling brain injuries.
In such cases, if the gravely injured worker files a third-party negligence claim, they can also include their New York employer as a defendant in the case. This is an example of state-specific loopholes that might hold employers liable for construction accidents under limited circumstances.
How Third-Party Construction Injury Claims Work
There are some situations where you can file a third-party injury claim. Third-party liability allows you to file a civil claim outside of the workers’ comp system to seek additional compensation. For example, suppose you suffered a severe brain injury because a contractor unaffiliated with your employer dropped a heavy tool from heights and it hit your head. In that case, the contractor should be liable for your losses in addition to your workers’ compensation claim.
With so many limitations on workers’ compensation benefits, you must consider any avenue possible to increase your damages and cover your losses, including filing a third-party claim. This can help recover damages not commonly available through workers’ compensation claims.
As mentioned, some of these losses include:
- Emotional distress
- Pain and suffering
- Diminished earning capacity
- Drop in quality of life
- Mental anguish
This type of legal action is not always possible, as there are some situations where there may be no one else to shift the blame to. Yet, before you determine that is not the case, it is well worth speaking to your attorney about what happened and allowing them to assess all your options.
There Are Mistakes You Can Make After a Construction Accident
As a worker on a job site, your goal is to complete the job safely, following all safety protocols and getting home in good condition at the end of the day. Even in dangerous industries, accidents and injuries can be shocking to workers, as their lives change in an instant.
In the aftermath of a construction injury, there are mistakes that might jeopardize your workers’ comp claim or right to file a third-party claim. Therefore, there are several things you should refrain from doing that can put your case at risk:
- Do not make the mistake of not getting medical care right away. The insurance company will try to say the accident might have happened anywhere, or it may imply it was not severe enough to seek immediate care for and, therefore, not a reliable claim.
- Do not wait to alert your employer to the incident. You have up to 30 days to file the claim, but it is nearly always beneficial to do so long before this.
- Do not wait to file your workers’ compensation claim. Waiting too long puts your case at risk.
- Do not ignore your doctor’s orders. If your doctor tells you not to work, do not work. If your employer wants you to return to work, inform them that your doctor still needs to clear you.
The sooner you take action in a case like this, the better it is for you. Set up a consultation with an attorney to go over your rights, especially if you have serious injuries.
Put A Workers’ Compensation Attorney to Work for You Now
A workers’ compensation attorney can determine all your losses and ensure you receive fair compensation from all possible sources. That includes maximizing any workplace injury claims for medical losses and fighting for compensation from third parties that can be to blame for your losses. This compensation potentially includes your medical expenses, lost earnings, pain and suffering, and any future medical care you may require.
Your attorney will also negotiate with insurance companies on your behalf, ensuring they do not take advantage of you during the settlement process. Expect your attorney to work hard to find any legal option for you to pursue more compensation via a workers’ compensation claim or civil case.
Consult a Trusted Construction Accident Attorney
David H. Perecman, NYC Construction Accident Attorney
If you suffer an injury in a construction accident, seek medical care, report the incident, and hire an attorney. Not doing these things can make recovering the damages you deserve nearly impossible. Having an experienced attorney by your side can make all the difference in the outcome of your case. They have the knowledge and experience to handle construction accident laws and will work hard to protect your rights.
You can set up a free consultation with a New York City personal injury attorney to speak about your case. It is a simple opportunity to discuss your situation, learn your rights, and determine if the insurance company is treating you fairly. Do not go through this challenging time alone – consult a construction accident lawyer and let them guide you toward a favorable outcome.
