Are you wondering what can you be compensated for in a construction accident In New York? Getting injured in a construction accident can be devastating. In New York, there are specific compensation options available to workers affected by these incidents. This blog will explain how you can seek compensation for medical expenses, lost wages, and pain and suffering.
Keep reading to learn your legal rights and the steps you need to take after an accident.
Key Takeaways
- You can get workers’ compensation benefits. This includes medical costs, lost wages, and disability coverage.
- Personal injury claims allow for more compensation. This can cover emotional distress and damages from faulty equipment.
- Medical expenses like surgeries, medications, and therapy are covered by workers’ comp or third-party lawsuits if needed.
- Lost wages during recovery are supported. Workers’ comp provides a part of your paycheck; personal injury claims may offer more.
- Pain and suffering compensation covers both physical and emotional harm. These claims often require showing how the accident changed your life.
What Can You Be Compensated For In A Construction Accident In New York?
Workers injured on the job in New York have several options for compensation. They may seek help through workers’ compensation benefits or personal injury claims.
Workers’ Compensation Benefits
Workers’ compensation benefits help construction workers injured on the job in New York. Employees can get coverage for medical treatment, lost wages, and disability benefits. This system is no-fault insurance, meaning workers get support even if they might have caused the accident.
Employers must provide these benefits as part of their duty of care. Workers’ comp covers hospital visits, surgeries, medications, and physical therapy. Insurance companies manage claims through the workers’ compensation board to ensure fair handling.
New York protects its construction workers with robust workers’ comp laws.
Options for Personal Injury Claims
In New York, you can file a personal injury lawsuit if hurt in a construction accident. This option lets you seek compensation beyond workers’ comp benefits. You might sue negligent third parties like equipment manufacturers or contractors.
You can also claim damages for defective products. If faulty gear caused your injury, product liability laws could hold the maker responsible. Legal remedy options include claims for emotional distress and punitive damages.
It’s critical to explore these paths with experienced attorneys who understand New York labor laws and safety regulations.
Detailed Breakdown of Claimable Damages
You can seek many types of compensation if you get hurt in a construction accident. Medical bills, lost wages, and pain and suffering are some of the main areas to consider.
Covering Medical Expenses
In a New York construction accident, medical expenses can add up fast. Workers’ compensation covers these costs. This includes visits to the emergency room, surgeries, and medications.
Workers’ comp also pays for physical therapy or mental health counseling if needed. If equipment was defective or there was a failure to warn about hazards, a third-party lawsuit might help cover extra medical bills.
Medical bills should never be your burden after an injury at work. – Brian Orlow, The Orlow Firm
Recouping Lost Wages
Workers’ compensation covers lost wages if you are hurt in a construction accident. You can get a part of your regular paycheck while you recover. This helps pay your bills and daily expenses.
If the injury is due to someone else’s fault, consider filing a personal injury claim. Such claims cover more than workers’ comp, which might include all past and future lost earnings.
Contact The Orlow Firm for a free consultation on how to pursue these options in New York City.
Compensation for Pain and Suffering
Pain and suffering include both physical and emotional distress. They can be a part of personal injury claims in New York construction accidents. This type of compensation covers the trauma you face due to an accident.
It may involve dealing with chronic pain, long-term injuries, or loss of quality of life.
To claim this compensation, you need to show how the accident impacted your daily life. Medical records can support your case by proving ongoing issues like spinal cord injuries or severe mental stress.
In New York, workers’ comp alone might not cover these aspects fully. Thus, a personal injury lawsuit could help secure fair relief for your pain and suffering.
Key New York Labor Laws Affecting Construction Injury Claims
New York has strict laws to protect construction workers. These laws help injured workers get fair compensation fast.
Overview of Labor Law 200
Labor Law 200 is a New York law that protects construction workers. It requires employers to provide safe work conditions. This law applies to all workers, including those in Jefferson County, Monroe County, and Oswego County.
Employers must ensure the workplace is free from safety hazards. If they breach this duty and someone gets hurt, they may be liable for damages. This includes injuries due to defective equipment or lack of protective gear.
Insurers often become involved in these cases to cover the costs of injury claims.
Insights into Labor Law 240 (Scaffold Law)
Labor Law 240, or the Scaffold Law, protects construction workers in New York. It holds employers and property owners responsible for providing safe working conditions on elevated platforms.
The law covers scaffolding, ladders, hoists, and similar structures.
This law helps injured workers get compensation without proving fault. Even if a worker made a mistake, they could still receive damages. This strict liability means that employers must focus on safety to avoid accidents.
Asbestos exposure cases often fall under this law too.
Analysis of Labor Law 241
Labor Law 241 ensures safety for construction workers in New York. It requires contractors and owners to provide specific protections on job sites. Employers must take measures to prevent accidents, like ensuring safe scaffolding and guardrails.
If these rules are broken, injured workers can sue. Claims may include medical costs, lost wages, and pain and suffering. This law focuses on keeping workplaces free of hazards that can lead to injuries or wrongful deaths.
Workers’ rights are a key part of this law.
Injured on a Construction Site? Find Out What You’re Really Owed
If you’ve been hurt in a construction accident, you may be entitled to far more than just your medical bills. At The Orlow Firm, we help injured workers across New York recover compensation for pain and suffering, lost wages, future medical care, and more.
Don’t let the insurance companies decide what your case is worth. Call us today at (646) 647-3398 or fill out our online form for a free, no-obligation consultation. You don’t pay anything unless we win.
