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What You Need To Know If You Are Injured On The Jobsite

Construction Accident Lawsuit in NYC

Many injured workers, especially union members may be eligible for a Disability Pension.  In general, disability benefits are considered to be a temporary cash benefit for people injured off the job, in other words an injury that did not arise out of or in the course of employment.  This type of benefit may be offered under a private disability plan, and/or a plan your employer may offer.

With regard to union members, the individual union may offer a similar type of disability benefit either temporary, long-term or both.  Commonly, each member contributes to this benefit either through their union dues or through their paycheck.  The benefit may sustain a disabled member medically and/or financially.  The benefit will vary from union to union.

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That is why it’s imperative for every member to inform themselves about what their disability benefit will be, if any.  WHY?  If you get injured on or off the job or develop a disabling medical condition you will want to be able to plan ahead for your future medical costs and daily expenses.  Don’t wait until you are disabled from working to find out.  

Many building trade members are involved in construction site accidents, so aside from receiving workers’ compensation benefits which is currently $1,063.05 per week for an injury that occurred on or after 7/1/21.  The injured worker may also be entitled to disability benefits.

Injured workers must NOTIFY their employer of the accident within 30 days of the accident.  It can be verbally (get name and title of person notice given to) or in writing consult with an attorney before submitting a written notice to your employer, it’s your right.

Injured workers should call an ambulance so it is documented where the accident occurred and the EMT professional can properly treat your injury prior going to the hospital and/or your doctor’s office.  You must try and identify the body part(s) you injured.  At the hospital and or doctor’s office you must state the accident occurred on the job so it is properly noted in your records and for billing purposes.  Many workers on a construction site carry smart phones.  Take pictures if you are physically able to of the area where you got injured or the location of the construction site.  It is important to always know the name of your employer (company name). 

Construction Accidents in New York

Workers’ compensation entitles you to wage replacement, the most an injured worker can obtain as of July 1, 2021 is $1,063.25 or 2/3’s of your gross weekly salary.   Injured workers are also entitled to medical treatment which your employer’s workers compensation carrier will cover.

Injured workers may also have legal entitlements under New York State Law to file a civil lawsuit for unsafe work conditions.  Many workers are faced with this issue everyday which can change their lives completely and affect their financial security for the future.  It is difficult to sustain yourself financially when you are injured and waiting until your lawsuit finalizes for a favorable settlement or verdict.  

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.