Construction workers face dozens of pitfalls daily, from heavy machinery to falls from height. Thankfully, if you suffer a workplace injury, workers’ compensation benefits typically cover your medical expenses and some of your missed wages.
Unfortunately, construction accident workers’ compensation claims aren’t always straightforward. Some employers will fight to keep you from claiming benefits. And even if you do collect benefits, they might not be enough to cover your bills.
In this post, a construction accident lawyer in New York City covers what you need to know about workers’ compensation claims in construction.
How Dangerous Is the Construction Industry?
As any construction accident attorney in NYC will tell you, construction is an incredibly dangerous occupation that leads to hundreds of deaths and thousands of injuries every year. According to the National Safety Council, construction has experienced the most workplace deaths of any industry in the United States since 2012.
In 2022, the City of New York reported 751 construction incidents, which resulted in 554 injuries and 11 deaths. According to the U.S. Bureau of Labor Statistics, the private construction industry sector had the highest number of fatalities in NYC that year.
What Does Construction Accident Workers’ Compensation Cover?
Compensation for injured construction workers covers nearly everything you’ll need while recovering. Discover the benefits you could claim.
Healthcare Benefits
If you’ve got medical bills after a workplace accident, workers’ comp pays for them. Workers’ comp also provides cash benefits if your accident left you disabled. Additionally, workers’ comp will reimburse you for mileage driven to doctor’s appointments.
Wage Benefits
If your employer does not continue to pay you while you are recovering, you can claim benefits for a percentage of your lost wages if:
- Your injury prevents you from working for more than seven days
- Your injury requires you to work reduced hours or take a different role that pays less
That means you can rest easy during recovery without worrying about that lost paycheck.
Survivor Benefits
Some survivor benefits include:
- Weekly cash benefits: If a worker dies from an on-the-job injury, their surviving spouse, minor children, and/or other dependents can qualify for cash benefits. This payment equals two-thirds of the deceased employee’s average weekly wage for the 52 weeks before the accident.
- Funeral or memorial expenses: Workers’ compensation in New York also covers funeral or memorial expenses up to a certain limit. This limit is $10,500 or $12,500, depending on the county.
What Can Go Wrong With Construction Accident Workers’ Compensation Claims?
The vast majority of workers’ compensation claims go smoothly, but sometimes, you might run into a few roadblocks that prevent you from claiming benefits.
For instance, your employer might try to argue that your accident didn’t happen at work. This is especially common for injuries that develop over a long period of time and don’t appear to have a clear cause (such as carpal tunnel syndrome).
Your employer may put up a fight for one simple reason: they don’t want their insurance premiums to increase. If workers’ comp pays out for your claim, their insurance costs go up. It makes sense that they’d want to avoid a price increase if possible.
If your employer is fighting tooth and nail against you claiming benefits, call a construction injury lawyer in NYC who can fight back.
What Injuries Does Workers’ Comp Cover in New York?
The better question is, what doesn’t workers’ comp cover? If you have a brain injury, that’s covered. So, too, are back injuries and broken bones. If it happened at work, workers’ comp for construction accidents owes you benefits.
If you develop arthritis, carpal tunnel syndrome, or some other long-lasting condition because of your job, you’re eligible, too. You’ll have to prove that your condition developed because of your work, though. A good doctor can help you make the connection.
In some cases, workers’ comp for construction accidents covers mental health conditions that develop because of your job, such as depression and PTSD. It’s fairly tough to prove that your mental health condition arose because of your job, though, so you’ll need a good lawyer to walk you through the challenge.
You may think that pre-existing conditions aren’t covered by workers’ comp, but this isn’t so. If your job worsened your pre-existing condition, you may be able to claim construction site injury benefits.
What Should I Do After a Construction Accident?
After a construction accident, here’s what you must do to claim benefits:
- Seek treatment right away if you need it. Normally, you’d have to see a workers’ comp-approved doctor, but you can go to any doctor or hospital you want for emergency care.
- Tell your employer about the accident. You have 30 days from the date of the accident to do this, and if you fail to do so, you can’t collect benefits.
- File a C-3 claim form online. Provide as much information as possible to help the Workers’ Compensation Board evaluate your claim. You’ll need to supply the date of the accident, how it happened, and the nature of your injury/illness. You must also provide your employer’s information and your gross pay rate.
- Wait for your benefits check to arrive. This can take about a week or so once you’re approved for benefits. After approval, you can continue to claim benefits until you’re well enough to return to work.
Are There Other Routes to Workplace Injury Compensation in Construction?
If a third party caused or contributed to your accident, you can pursue a lawsuit against them. Third parties may include contractors and subcontractors, property owners, drivers, and product manufacturers. For instance, if a subcontractor gave you shoddy tools to use for a project, you could hold them responsible. Likewise, you can hold a manufacturer responsible if you were injured because of a product defect.
If you think a third party may be liable, call us to retain legal assistance for construction accident compensation.
Have Questions? Consult an Experienced Workers Comp Lawyer in NYC
If you’ve been injured due to one of the many common causes of construction accidents, you’re probably wondering where to turn next. The workers’ compensation claims process can be daunting, especially if your employer is making things difficult for you.
Our attorneys at William Schwitzer & Associates, PC will guide you through the claims process and help you claim the benefits that are rightfully yours. Call (212) 683-3800 to chat with a workers’ comp lawyer in NYC now.
Frequently Asked Questions About Construction Accident Workers’ Compensation in NY
What is the statute of limitations for New York worker’s comp claims?
New York law gives injured workers up to two years to file a workers’ comp claim. Miss the deadline, and you’re sadly out of luck.
How long do I have to report a workplace injury to my employer?
You have 30 days to tell your employer about any accidents, and the clock starts ticking as soon as you’re hurt. However, it’s not wise to wait until the last minute. Report the accident ASAP so you can start the claims process right away.
What is the biggest cause of injury for construction workers?
Per the Centers for Disease Control and Prevention (CDC), falls are the leading cause of injury and death for construction workers. Falls account for more than 36% (one in three) of fatalities in the construction industry.
Is workers’ compensation no-fault in New York?
Construction accident workers’ compensation is no-fault in New York, so you can claim benefits even if you made a mistake or caused the accident. However, you might be barred from benefits if you were drunk or engaging in horseplay on the job.
