What Remedies Are Available if I am Injured in a Construction Accident?

If you have been injured in a construction accident, your life has been drastically changed. You may be unable to work, have significant medical bills, and be uncertain of how to maintain and rebuild your life after your injury. Often, construction site injuries are a result of violations of the New York State Labor Law or the negligence of others. While New York State workers are not able to sue their employers, there are other options available to you pursuant to the New York State Labor Law. Read more to discover what legal options you have to pursue damages for your injury, what protects your employer from being sued if you have been injured on the job, which third parties can be made to take responsibility, and how an experienced construction accident attorney may be able to help.

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What is Workers’ Compensation?

When you are injured at work, your lost wages make supporting yourself and your family seem impossible. There is, however, a system in place that is designed to help ease that burden. Workers’ compensation is a type of insurance that most employers are required to carry for workers who are injured or become ill because of their jobs. If you are injured or become ill because of work, you are entitled to benefits under the Workers’ Compensation Law. An injured worker cannot sue their employer but, in New York State, there are other legal avenues you can take. An experienced attorney can help you recover your losses through Workers’ Compensation or suing a third party. Before you begin the process of filing a claim, it is important to understand what you’re required to do and whether or not you are covered through Workers’ Compensation.

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Workers’ Compensation: Disability Classifications

If you have been injured at work, the extent of your disability determines how much you receive in cash benefits. Your doctor will give an opinion on how much your injury disables you and the insurer will agree or disagree. If they disagree, the insurer can require you to see a doctor of its choosing for an independent medical exam. Once that is complete, the Workers’ Compensation Board will decide on your degree of disability. If you feel what the insurance company’s doctor recommends isn’t fair, an experienced attorney can review your case and help you get what you’re entitled to. Learn what the classes of disability are and what you may be entitled to depending on which class you fall into.

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