Please ensure Javascript is enabled for purposes of website accessibility

4 Essential Rights You Have After a Construction Site Injury

4 Essential Rights You Have After a Construction Site Injury

There are few work environments more dangerous than a construction site. In 2019, it was reported that 20% of all private industry work-related fatalities originated in the construction sector, and there are countless injuries each day in addition to these deaths. If you have survived an injury as a result of a construction site accident, you should know the following four essential rights and consider consulting with a construction accident law firm.

Legal Representation

One of the first and most important rights you should be aware of is your right to legal representation. Construction site accident lawyers can help you understand the legal implications of your injury, navigate the aftermath, and ensure that you are protected. A worksite accident can quickly escalate into a legal issue, and it’s imperative that you have an advocate on your side.

Construction injury lawyers in New York City are well-versed in the intricacies of cases like yours and understand how to best represent you. Pursuing legal action might not be the first thing on your mind immediately following an accident – your health and wellbeing should be – but as a survivor of a worksite accident, you should understand all of your options. A lawyer can help.

In some cases, your employer may try to convince you that you do not need a lawyer or dissuade you from talking to attorneys about your injury. You should know, no matter what, that you have a right to legal representation after an injury. This is true no matter what your employer or site manager may tell you.

Medical Attention

For many people, stress about money immediately follows an injury. Will you have to miss work? If so, how will you pay your bills? If you have to see a doctor, how much will it cost? The latter of these concerns, unfortunately, prevents many injured construction workers from seeking the medical attention they have a right to. Some of the medical care you may need includes:

  • Prescription medication
  • Physical therapy
  • Surgery
  • Chiropractic care

If your injury was the result of worksite negligence or endangerment, you may not be liable for the cost of your medical care. If your employer pressures you to visit a doctor they are affiliated with, or says that you don’t need to see a doctor at all, remember that you have a legal right to seek whatever medical care you need following a construction injury.

Workers’ Compensation

Most construction employers carry workers’ compensation insurance simply because of the frequency of injuries on the job. Workers’ compensation allows you to claim a portion of lost wages and receive compensation for medical bills, too, if you are injured on the job. Employers don’t necessarily want you to know this, though, because workers’ comp claims can be very costly. Regardless of the cost, you are entitled to file a claim and pursue compensation.

Workers’ comp is beneficial because of the payout it offers, but if you are awarded benefits, you typically forfeit the right to pursue legal action in relation to your injury. This makes it an unattractive option for some people, and many aren’t sure whether or not it’s the right route. If you are considering filing a workers’ comp claim after an accident, talk to construction site accident lawyers in New York first.

Fair Treatment

It should go without saying that you are entitled to fair treatment after an injury, but unfortunately, some workers find that they are unfairly penalized for the event and discriminated against on the worksite. Following an injury, you should never experience any of the following:

  • An undiscussed reduction in hours
  • Termination or suspension from the job
  • Poor treatment or harassment from staff
  • An undiscussed change in job duties

If you have experienced any of these phenomena following an injury, you may be a victim of unfair treatment. You have a right to clear communication and respect on the job site, and anything less is indicative of a greater problem that should be addressed in a legal context. It is illegal to discriminate against an employee following a workplace accident.

Lawyers Who Advocate for Your Rights

After you’ve been injured on a construction site, there are countless concerns swimming in your mind: will you lose your job? How much will this cost? How will you get medical care? These are all important questions, and luckily, a construction accident law firm can help you find the answers. Following an injury, you need an advocate more than ever, and that’s exactly what construction site accident lawyers offer. Trust an attorney to help you navigate your options, understand the legal system, and find the action that best serves your situation.

William Schwitzer & Associates is home to the most knowledgeable attorneys in New York serving survivors of construction site accidents. We know New York labor laws, and we represent our clients zealously. Schedule a free consultation for more information on how we can help you heal and achieve justice.

About The Author

John C. Merlino, ESQ.

John C. Merlino, ESQ.

John C. Merlino is a zealous legal voice for injured construction workers. A senior managing member of the firm, Mr. Merlino was born and raised in Brooklyn, to immigrant parents. Mr. Merlino learned the importance of educating our clients of their rights and being a strong-compassionate advocate. Mr. Merlino, along with his mentor William Schwitzer, are among the most respected Construction Site Accident Lawyers in the State of New York.