Queens Construction Workers’ Compensation Attorney
Workers’ Compensation for Construction Workers in New York City
At any given time, there are hundreds of construction sites and thousands of workers operating in New York City. Unfortunately, construction workers are among the most at-risk workers when it comes to serious on-the-job accidents and work-related injuries.
If you or someone you love was hurt on a construction site or diagnosed with a work-related medical condition, the Harris Firm, LLC can help. Many construction workers are entitled to workers’ compensation in New York City. Our attorneys can help you file a claim and seek the fair benefits you are owed. Unlike many law firms that refer out workers’ comp cases, we handle these claims in-house. When you hire our firm, you will work directly with your attorney throughout the entire process.
Common Construction Accidents & Injuries
According to the U.S. Bureau of Labor Statistics (BLS), the construction industry is the most dangerous for workers, with the highest overall rate of accidents and work-related fatalities.
Some of the most common construction accidents and related on-the-job injuries include:
- Falls, including falls to lower levels, falls from structures, and slip and falls
- Equipment-related accidents, including power tool accidents, machine entanglement and being caught between objects/machinery
- Electrocution, explosions, and fires, leading to severe burn injuries
- Being struck by falling objects
- Scaffolding accidents, including falls and structure collapses
- Trench collapses and cave-ins
- Vehicle-related accidents, including accidents involving cranes, bulldozers, front loaders, and excavators
- Overuse, overexertion, and repetitive motion/strain injuries
- Exposure to toxic and/or harmful chemicals, solvents, and other substances
Construction workers often sustain traumatic brain injuries, spinal cord injuries, amputation, hearing loss, and other catastrophic injuries. Even when construction accidents are not fatal, workers often face months or even years of medical treatment and rehabilitation. In many cases, they suffer significant and permanent disabilities that prevent them from returning to their previous employment.
Common Causes of Construction Accidents
Being hit but a piece of machinery
Being hit by a falling object
Lifting too heavy objects
Exposer to toxic cemicals
Falling off of an elivated structure
Benefits for Injured Construction Workers
In New York, nearly all employees are covered by workers’ compensation. This includes construction workers who are employed by contractors, subcontractors, and other entities—as long as they are classified as “employees.” Those classified as “independent contractors,” as well as sole proprietors, typically do not qualify for workers’ compensation.
If you were injured in a construction accident, or suffered a work-related medical condition, you may be eligible to receive the following workers’ compensation benefits:
- Medical Benefits: In New York, workers’ compensation pays for all reasonable and necessary medical costs associated with treating work-related injuries and illnesses. This includes emergency care, surgery, ambulance fees, hospital fees, chiropractic care, physical therapy, medications, orthopedic equipment, medical devices, and more.
- Temporary Disability Benefits: If you are entirely unable to work during your initial recovery, you may qualify for temporary total disability (TTD) benefits. These are calculated based on your average weekly wage and are available for a certain number of weeks. If you are able to return to partial capacity or light-duty work, you may be entitled to temporary partial disability (TPD) benefits.
- Permanent Disability Benefits: Once you reach maximum medical improvement (MMI), as determined by your doctor, you will receive an impairment rating. If you have an impairment rating between 1 and 99%, you may be eligible for permanent partial disability (PPD) benefits. If you have an impairment rating of 100%, you could receive permanent total disability (PTD) benefits. Both PPD and PTD benefits are calculated based on numerous factors.
- Vocational Rehabilitation Benefits: Some injured construction workers who are unable to return to their past employment due to a permanent disability or impairment may qualify for vocational rehabilitation benefits. These benefits are intended to assist injured workers with certain costs associated with retraining and reentering the workforce.
The New York workers’ compensation system also provides death benefits to certain surviving family members when a construction worker dies in an on-the-job accident or due to a work-related medical condition.
Why Hire a Construction Workers’ Comp Attorney?
Construction workers put their health, safety, and lives on the line every day. When they are injured on the job, they deserve to be fairly compensated. Unfortunately, recovering workers’ compensation benefits is not always that simple.
At the Harris Firm, LLC, our Queens construction workers’ compensation lawyers help injured construction workers file workers’ compensation claims and seek the benefits they are owed. We have extensive experience in this area of law and understand how the system operates. We have represented contractors, subcontractors, roofers, electricians, and others against employers and insurance companies that disputed, delayed, or denied claims. We have also assisted workers who were misclassified as independent contractors, as well as those working for uninsured employers. No matter your unique situation, our team is prepared to fight for you.
Construction Workers’ Compensation FAQ
Can I Get More Than Just Workers’ Compensation If I’m Injured While Working on a Construction Site?
The benefits available to you after an on-the-job construction injury will depend on your type of employment and what insurance policies are available, either purchased on your own or by your employer. Most employees are covered by their employers’ workers’ compensation policies, so these are the only avenues to use when seeking recoveries. If you are an independent contractor without workers’ comp coverage, though, then you might have to use a personal injury claim against your employer. In rare situations, multiple insurance policies can be used to compensate you after an accident, such as your employer’s workers’ compensation policy and a disability insurance policy you purchased for yourself.
Are All On-the-Job Injuries Covered by Workers’ Compensation?
No, not all injuries that happen while you are on the job are covered by workers’ compensation. The key to workers’ compensation coverage for a construction worker – or a worker in virtually any other industry – is that it applies to workplace accidents. If an injury happens due to behavior that was intentionally or flagrantly against safety protocols, then workers’ comp insurance might not apply. For example, if a forklift operator drinks on the job and then crashes their forklift in a trench, they probably will be challenged if they file a workers’ compensation claim after. In that situation, the worker was breaking safety rules and intentionally putting themselves and others in danger by using heavy machinery while intoxicated, so the insurance company would try to deny that claim.
Can Your Workers’ Comp Claim Be Denied Because You “Should Know” That a Construction Site is Dangerous?
Working in an inherently dangerous occupation does not make you less eligible for workers’ compensation if something does go wrong. Industries like construction work, firefighting, and law enforcement have natural risks to them, but workers in these industries are still owed workers’ comp coverage based on their state’s rules. Your employer or their insurance provider can’t deny your claim because you “should have known” about the risks of your job.
Choose a Legal Team You Can Count On
At the Harris Firm, LLC, we dedicate a significant portion of our practice to workers’ compensation. Not only do we understand the law, but we also understand what you and your family are going through. Our team offers personalized representation tailored to you. We have an open-door policy and assist clients in a variety of languages to ensure that they fully understand their legal rights and options. Every initial consultation is completely free, and we do not collect any legal fees unless we recover compensation for you.
When you choose our legal team, you can trust that we will be there for you every step of the way. We are aggressive advocates for the injured and are here to help eliminate your stress so that you can focus on healing.
Injured in a construction accident in Queens or the surrounding areas? Call our workers’ compensation lawyers now at (718) 285-9355 for a free consultation.
Mr.Harris handled my case perfectly- Saidou K.
I changed my attorney to Mr.Harris and it was the best decision I've made- Genesis A.
Mr. Harris was very professional, and I’m very grateful what he has done for my case.- Lola L.
Very grateful! Definitely will recommend Mr. Harris to anyone who needs.- Sharanjeet S.
Mr. Harris is the very best in the business has been doing this for over 25 years- Israel Y.