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Can I file a personal injury claim on top of workers’ comp?

Workplace injuries can significantly affect a construction worker’s life. Construction workers have to complete their duties in potentially dangerous situations and locations, putting them at high risk for a severe injury.

If you work on a construction site and experience an injury due to falling or an object striking you from above, you may have the option to file both workers’ compensation and a personal injury claim.

Filing a workers’ compensation claim

After an accident, you have 30 days to report your accident to your employer per New York state laws. You must also file a workers’ compensation claim within 2 years of the accident.

A workers’ compensation claim can provide compensation for the following expenses:

  • Wage losses
  • Medical treatment
  • Medical rehabilitation

Your workers’ compensation claim should cover the full extent of your injury so you can focus on recovering your health.

Filing a personal injury claim

Generally, you cannot file for a personal injury claim on top of workers’ compensation. However, there are certain circumstances where it may apply. In New York, a few labor laws offer specific protections for construction workers.

Labor Law 240, also known as the “Scaffolding Law,” enforces that any scaffolding or staging that’s over 20 feet from the ground must have safety rail to protect the workers from falling. The scaffolding and staging must be secured and rise at least 34 inches around the structure. Under this rule, you may have the opportunity to hold the property owner or general contractor of the construction site accountable for negligent safety measures.

This allows you to file a personal injury claim against the site owner while also filing for workers’ compensation to your direct employer.

Consulting with a lawyer

Filing for workers’ compensation is challenging enough without adding a personal injury claim into the mix. If you find yourself in a position to seek both forms of compensation, you might want to talk with an experienced attorney in construction accidents.

An attorney can help you navigate the difficult filing processes so that you are eligible for the fullest compensation that you deserve.

Verdicts &
Settlements

$3.75 Million

settlement for a construction worker injured by falling metal mesh

Verdicts & Settlements

$3.5 Million

Million for a carpenter injured on a construction site by a falling metal clamp

Verdicts & Settlements

$3 Million

for a 35 year old Carpenter injured when his arm became partially impaled on an improperly exposed metal support (rebar) at a construction site.

Verdicts & Settlements

$2 Million

for a woman who sustained multiple serious injuries after being struck by a hit and run driver in Manhattan.

Verdicts & Settlements

$1.825 Million

Verdict for a 29 year old construction worker injured during the building of the World Trade Center Memorial.

Verdicts & Settlements

$1.475 Million

for a Carpenter who was injured when the scaffold he was working upon collapsed.

Verdicts & Settlements

$1.2 Million

for a 35 year old Cement and Concrete worker from Queens who sustained serious injuries to his back when he slipped on debris and refuse.

Verdicts & Settlements

$1.2 Million

for a Construction worker and young father in the Bronx who was fatally electrocuted while on a scaffold.

Verdicts & Settlements

$950,000

for two sisters in high school who sustained serious injuries when struck by a vehicle that mounted the sidewalk in Brooklyn as they waited for the bus to take them to school.

Verdicts & Settlements

$825,000

for a woman injured as a passenger in an accident involving a bus and a car in the Bronx.

Verdicts & Settlements

$777,000

for an Ironworker on Long Island who sustained serious injuries when he fell from a ladder which slid out from under him due to icy footing.

Verdicts & Settlements

$750,000

for a surgeon who sustained a broken knee in a motor vehicle accident (January, 2017).

Verdicts & Settlements

$660,000

verdict for a 35 year old Cement and Concrete laborer who was injured when the scaffold he was walking upon collapsed.

Verdicts & Settlements

$650,000

for a cement and concrete worker who slipped and fell over construction debris.

Verdicts & Settlements

$650,000

for a Cement and Concrete worker who injured his back as a result of slipping upon a discarded pipe and falling down a flight of steps.

Verdicts & Settlements

$500,000

for a Nursing Home resident injured due to lack of proper care.

Verdicts & Settlements

$325,000

for a woman who sustained multiple serious injuries to her shoulder as a result of a trip and fall upon a defective sidewalk at a construction project in Manhattan.

Verdicts & Settlements

$250,000

verdict in the exact amount demanded by our office for our client, but refused by the responsible defendants, was awarded by the jury to our client who sustained a fractured elbow as a result of a fall upon a badly broken sidewalk.

Verdicts & Settlements

$325,000

for a young woman who sustained a fractured ankle as a result of a fall on soapy steps in her apartment building in the Bronx.

Verdicts & Settlements

$495,000

for a young mother who was struck by a car while crossing the street near her home in Queens sustaining serious injuries to her leg requiring the surgical placement of a metal plate and screws.

Verdicts & Settlements

$600,000

for a woman who sustained multiple injuries as a passenger in a motor vehicle accident.

Verdicts & Settlements

$425,000

was secured by our office for a Cement and Concrete worker injured when a work area collapsed beneath him.

Verdicts & Settlements

$400,000

for a woman struck from behind by a car as she walked to a supermarket in a shopping center parking lot in Yonkers.

Verdicts & Settlements

$200,000

for a young man, 15 years of age, who sustained a partial tear of the rotator cuff of his right shoulder, which has now healed without any limitation upon his activities.

Verdicts & Settlements

$325,000

for a school principal in the Bronx who tripped and fell over a construction plate in the school parking lot.

Verdicts & Settlements

$300,000

for a young Cement and Concrete worker who was struck by falling debris dislodged from a building by a swinging crane.

Verdicts & Settlements

$250,000

for a Cement and Concrete worker injured as a result of a fall at a Manhattan construction site.

Verdicts & Settlements

$300,000

for a school teacher in the Bronx who sustained an injury to her shoulder when she tripped and fell due to negligently placed computer wiring.

Verdicts & Settlements

$275,000

to a Construction laborer doing bridge work whose arm was fractured when falling construction material caused him to fall into the East River and onto debris.

Verdicts & Settlements

$450,000

for a child injured when a table fell on him in a laundromat in Queens.

Verdicts & Settlements

$450,000

verdict for a Volunteer Firefighter in Westchester who sustained injuries in the course of fighting a fire.

Verdicts & Settlements

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