Construction work in New York City results in serious injuries and fatalities each year. Falls from heights, scaffold collapses, being struck by equipment and electrical injuries are common risks on construction sites. If you have been injured on the job as a construction worker or laborer in New York City, you may be wondering what your case is worth. The answer depends on several factors including the type of injury, the circumstances of the construction accident, the responsible parties and your legal rights under New York labor laws.
Workers’ Compensation Benefits
The first avenue of compensation for injured construction workers is usually through workers’ compensation insurance. In New York, most employers are required to provide workers’ compensation coverage to employees. Workers’ compensation provides:
- Payment of all necessary medical treatment and rehabilitation.
- Partial wage replacement, usually around two-thirds of the worker’s average
weekly wage, subject to a weekly cap. - Compensation for permanent disabilities.
While workers’ compensation covers basic needs after a workplace injury, it does not allow you to sue your employer for pain and suffering. The law prevents employees from filing personal injury lawsuits directly against their employer in most cases. However, many construction accidents in New York City involve third-party liability, meaning you may be able to seek additional compensation.
Third-Party Lawsuits and New York’s Labor Laws
Under New York law, especially under sections Labor Law 240, also known as the Scaffold Law, and Labor Law 241(6), construction workers have special legal protections. These laws allow injured workers to seek compensation from property owners, general contractors, and other responsible parties who failed to provide safe working conditions.
Labor Law 240 requires owners/managers and some contractors to provide proper safety equipment for workers performing elevation-related tasks, such as scaffolding, ladders and hoists. If you fall from a height, you may have a strong claim. Labor Law 241(6) holds parties accountable if they violate New York’s Industrial Code, which sets forth detailed safety requirements. Labor Law 200 is a general duty of care law that holds owners and contractors responsible for hazardous conditions.
Third-party lawsuits can result in significant compensation far beyond what workers’ compensation provides because you can claim:
- Full lost wages and loss of future earning capacity.
- Full payment of medical expenses, even beyond what workers’ compensation typically covers.
- Past and future pain and suffering damages.
- Loss of enjoyment of life.
- Punitive damages in some cases where egregious negligence is involved.
Factors That Affect the Value of Your Case
The Severity of Your Injuries
The most critical factor in determining your case value is the nature and severity of your injuries. An injury like a sprain or laceration might not result in the same compensation as a traumatic brain injury, spinal cord injury or amputation. Serious injuries that cause permanent disability or prevent you from returning to your trade can result in much higher settlements or verdicts. Catastrophic injuries often lead to multimillion-dollar recoveries in New York courts.
Medical Expenses and Future Medical Needs
Your case value will increase based on the total cost of your medical care, including surgeries, hospitalization, physical therapy, and long-term rehabilitation. If your injury requires ongoing treatment or future surgeries, that cost can be included in your compensation claim and third party case.
Lost Wages and Earning Capacity
Workers’ compensation only pays a portion of your wages, but in a third-party lawsuit, you can claim full lost wages and compensation for any future reduction in your ability to earn a living. This is especially significant for construction workers and laborers whose physical ability is critical to their job.
Liability and Negligence
In New York, if you are able to establish liability under Labor Law 240, your case can be very strong. These laws impose strict liability on property owners and contractors in many scenarios, meaning you do not have to prove negligence.
Pain and Suffering
Unlike workers’ compensation, third-party lawsuits allow you to recover for the pain and suffering you endured as a result of the injury. This includes emotional distress, physical pain, and the overall impact on your daily life. Pain and suffering often constitute a significant portion of total compensation.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a construction 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. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
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 cases 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.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://spectrumlocalnews.com/nys/buffalo/public-safety/2024/11/04/nysp–
thruway-authority-maintenance-worker-hit-and-killed-on-i-90
worker, injury, new york, personal injury, attorneys
External link: https://www.nysenate.gov/legislation/laws/LAB/240