Construction accidents are often the basis of some routinely held misconceptions —typically by the injured victims and their families, who may already be overwhelmed after the incident. These misconceptions can prevent an injured worker and his or her family from seeking help, reporting injuries or receiving the compensation and support to which they may be entitled.
Here are five common misconceptions about construction accident cases.
1. I cannot recover compensation if I’m undocumented
A common misconception about construction accident cases is that undocumented workers cannot recover compensation for their injuries. This belief often discourages injured workers from seeking medical care or reporting dangerous conditions at a worksite, even when the injury occurred on the job. In reality, immigration status does not cancel a worker’s basic rights to safety and compensation. Construction employers are generally required to carry workers’ compensation insurance, and those benefits often apply to employees regardless of immigration status.
2. Workers’ compensation is my only option
Many people believe that filing a workers’ compensation claim is the only path or monetary source available after a construction accident. While workers’ compensation is available and can cover medical bills and a portion of lost wages, it is not always the only option. In some cases, third parties, such as equipment manufacturers, subcontractors or property owners/managers, etc. may be responsible for a construction accident. A third-party claim can potentially provide a much larger source of compensation for pain, suffering and full wage loss, benefits, etc. which workers’ compensation typically does not cover.
3. I don’t need legal help; the insurance company will be fair
Another common misconception is that insurance companies involved in construction accident cases will automatically act in the injured worker’s best interest. In reality, insurance companies often aim to minimize payouts. This can result in denied claims, delayed payments or settlements that do not fully cover long-term medical care or lost earning capacity. Construction accident cases can involve multiple parties, complex contracts and detailed safety regulations. Having a knowledgeable lawyer on your side can help ensure that important evidence is preserved and that your rights are protected throughout the process.
4. Filing a claim means I’ll lose my job
Fear of retaliation is a major reason many construction workers avoid reporting accidents or injuries. However, laws in many places protect workers from being fired or punished for reporting workplace injuries or filing legitimate claims. Employers are required to provide a safe working environment, and reporting hazards or injuries is part of maintaining safe working conditions at a jobsite.
5. Compensation in a construction accident could hinge on who is at fault
New York’s Scaffold Law protect workers whose accidents occurred as a result of negligence (carelessness) or due to a safety violation on the part of the property owner/manager, a contractor, construction company or other party. Even in cases where some fault is assigned to the construction worker, the other parties may still be held liable for the worker’s injuries and losses. So, in construction accident cases, the law is on the side of the workers, regardless of who was at fault. This helps ensure that workers are fairly compensated for their injuries and losses.
Contacting an Experienced Lawyer
Injured construction workers may be able to seek compensation for damages including but not limited to medical expenses, lost income and benefits, hospitalization, permanent injuries, disabilities, past and future pain and suffering, etc. If you have suffered injuries in a construction-related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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External link: https://www.nysenate.gov/legislation/laws/LAB/240