Construction sites are dangerous workplaces where accidents can happen in an instant. Whether you work for a union contractor or a non-union employer, knowing your legal rights after an injury is essential to protecting your future. A construction accident lawyer in NYC can help you understand the protections available to you and guide you through the claims process.
Below, our lawyers at William Schwitzer & Associates, PC, break down union versus non-union worker rights after a construction accident.
Understanding Union vs. Non-Union Worker Rights
Union workers are members of organized labor groups that negotiate contracts with employers on behalf of their members. These collective bargaining agreements often include specific safety standards, wage protections, and procedures for handling workplace injuries. Non-union workers rely on state and federal labor laws for their basic protections.
Both types of workers face similar hazards on construction sites. Union members typically have access to shop stewards and union representatives who can advocate for them from the moment an injury occurs.
Riesgos habituales en las obras
Construction workers face numerous dangers daily that can cause serious injuries or death. The following hazards are common across union and non-union construction sites:
- Falls from heights: Scaffolding collapses, ladder failures, and unprotected edges can lead to severe injuries and fatalities.
- Struck-by accidents: Falling tools, materials, or equipment can cause traumatic brain injuries and other forms of serious harm.
- Electrocution: Contact with power lines, exposed wiring, or faulty electrical equipment can lead to burns and death.
- Caught-in or between hazards: Heavy machinery, vehicles, or collapsing structures can crush workers.
Falls, slips, and trips accounted for about 28% of NYC workplace fatalities in 2023.
Worker Protections in Construction Accidents Under New York Law
New York provides some of the strongest worker protections in construction accidents through its Labor Laws. These laws apply to every construction worker in the state, regardless of union status. An essential aspect of these protections is the Scaffold Law, also known as Labor Law 240, which holds property owners and general contractors strictly liable for gravity-related accidents.
Workers’ compensation insurance is another universal protection that covers all employees injured on the job. This no-fault system provides medical benefits and some income replacement without requiring you to prove employer negligence.
Labor Law 240 Explained by a Construction Accident Attorney
According to the U.S. Bureau of Labor Statistics, the construction sector had the highest number of fatalities in 2023, with 24 deaths, accounting for 35% of all workplace fatalities in New York City. Labor Law 240 places absolute responsibility on property owners and general contractors when workers are injured in falls or by falling objects. This law applies to tasks involving elevation work, such as scaffolding, ladders, hoists, and demolition.
A construction accident attorney can evaluate whether your injury falls under this protection. The law does not distinguish between union and non-union workers.
Additional Benefits Available to Union Workers
Union members often receive benefits beyond what state law requires through their collective bargaining agreements. These contracts may include supplemental disability payments that help bridge the gap between workers’ compensation and full wages. Some unions also maintain welfare funds that provide additional medical coverage or hardship assistance.
Union representatives can guide injured workers through the claims process. However, a construction accident lawyer in New York can work alongside your union representative to help you pursue all available compensation options.
Legal Rights After a Construction Accident for Non-Union Workers
Non-union workers have the same fundamental legal rights as union members under New York law. You are entitled to workers’ compensation benefits and can file third-party lawsuits against negligent property owners and contractors. The main difference is that you may need to take a more active role in protecting these rights without union support.
New York law prohibits employers from firing or punishing workers for exercising their legal rights. If you experience retaliation, you may have the option to pursue additional claims beyond your injury case.
How a Construction Accident Lawyer in NYC Helps Injured Workers Overcome Filing Barriers
Construction workers are only 5% of NYC’s workforce, but account for 27% of work-related injury fatalities, highlighting how common accidents occur. Non-union workers may face pressure from employers to downplay their injuries or avoid reporting accidents. Understanding your legal rights after a construction accident helps you resist this pressure and take the steps necessary to protect your recovery.
Working with a construction accident lawyer in NYC gives non-union workers the same level of professional advocacy that union members receive from their representatives. An attorney can handle communications with employers and insurance companies while you focus on healing.
Options for Construction Injury Claims Beyond Workers’ Compensation
Workers’ compensation provides essential benefits for injured employees, but it does not cover pain and suffering or full lost wages. The system pays approximately two-thirds of your average weekly wage and covers necessary medical treatment. Personal injury lawsuits allow you to pursue damages that are not covered by workers’ compensation.
These claims target third parties whose negligence caused your injuries, such as property owners, general contractors, subcontractors, or equipment manufacturers. Both union and non-union workers can pursue the following damages through third-party lawsuits:
- Full lost wages: Compensation for all income lost due to your inability to work, not just the partial amount from workers’ compensation.
- Pain and suffering: Financial recovery for physical pain, emotional distress, and reduced quality of life.
- Future medical expenses: Coverage for ongoing treatments, surgeries, rehabilitation, and long-term care needs.
- Loss of earning capacity: Compensation if your injuries prevent you from returning to construction work or earning the same income.
A construction accident lawyer in NYC can identify all potentially responsible parties to help you build the strongest possible case. The process works the same way whether you are a union member or work for a non-union contractor.
Legal Guidance for Workplace Injuries: Steps To Protect Your Rights
Immediate action after a construction accident strengthens your options. Seek medical attention right away, even if your injuries seem minor at first. Delayed treatment can harm your claim and your health.
Report the accident to your supervisor or employer as soon as possible, preferably in writing. Document the accident scene with photos, if you are able, and collect contact information from any witnesses.
William Schwitzer & Associates, PC: Your Advocates After a Construction Injury
Whether you are a union member or work for a non-union contractor, you may pursue compensation for your injuries. William Schwitzer & Associates, PC, represents injured construction workers throughout New York, fighting for the benefits and damages they need to rebuild their lives after a serious accident.
Our team handles every aspect of documenting a construction site accident and building strong injury claims. Call William Schwitzer & Associates, PC, at (212) 683-3800 to speak with an experienced construction accident lawyer in NYC.
Preguntas frecuentes
Here are answers to common questions about worker rights in construction accidents.
Do Union Workers Have Better Legal Claims Than Non-Union Workers?
Union workers may have additional contract-based benefits, but both groups have the same legal rights under New York Labor Law for personal injury claims.
When Should I Contact a Construction Accident Lawyer in New York?
You should contact a construction accident lawyer in New York as soon as possible after your injury to protect your rights.
What Should I Do If My Employer Discourages Me From Filing a Claim for a Construction Accident in NYC?
Your employer cannot legally retaliate against you for filing a workers’ compensation claim or personal injury lawsuit. If they discourage you from exercising your rights for construction injury claims, consider consulting a construction accident lawyer in NYC.
