Construction workers with job site injuries may find that the legal framework for providing workers’ compensation is much more complicated and challenging to assess than other forms of workers’ compensation. These laws are even more complicated when it comes to injuries resulting from falls, falling objects, and equipment failures leading to a fall.
The complexities of New York Law
Being one of the most common construction injuries, New York provides legal protections for injuries related to scaffolding work to provide potential for both personal injury claims and workers’ compensation. Scaffold Law is meant to maintain the safety of construction workers involved in tall structures that may require scaffolding and other safety devices for falling or falling hazards. Aside from the special legal provisions made for these fall-related protections, here are some of the common misconceptions regarding construction injuries in New York:
- A worker isn’t eligible for workers’ compensation if that worker acted negligently: This statement is false. Workers’ compensation in New York is founded on a no-fault system that allows for compensation eligibility even if the injured person was acting against company policies or if they were responsible for the injury. If an employer tries to discourage your reporting of an injury, they would be in violation of the law.
- A worker can sue an employer for additional compensation: In most cases, the presence of workers’ compensation insurance would prevent an injured worker from suing their employer. However, there are some scenarios in which an injured worker may be able to bring a lawsuit against an individual or entity who was negligent with regards to worker safety on a job site, like a contractor, subcontractor or property owner.
- A worker receiving workers’ comp benefits isn’t eligible for other benefits: Injured workers who receive workers’ compensation benefits may also be eligible for such benefits as disability or social security benefits.
Exploring all your options after an injury
Attempting to pursue compensation on your own can leave you stranded without having explored all the options for compensation available to you. If you suffered a job site injury, you need to contact an attorney who can guide you through this complicated process.
