Some of the most dangerous jobs are in the construction industry. Each year over 5,300 construction workers are killed in work-place accidents, accounting for roughly 20% of all worker fatalities in the United States throughout every industry. For nonfatal injuries, statistics reveal that construction is also one of the highest, with an incident rate of 2.5 injuries per 100 workers and an average of 1.1 days off of work per 100 workers – tied in fourth for time off due to injuries. As a result of work-related injuries, there are many construction workers’ compensation claims in NYC. Although many are reviewed and granted without an issue, unfortunately far too many may be wrongfully denied, underpaid, or even mishandled by a carrier. This is particularly true if an injured worker does not have an experienced workers’ compensation lawyer in NYC like ours.
Here at O’Connor Law, our team of dedicated professionals can help workers and their families recover the compensation that they need after a work-related accident or due to a work-related illness. This is particularly true for individuals working in some of the most dangerous jobs in NYC, including correction officers, home health aides, and construction workers who all have a very high rate of work-injuries. We have a proven track record of success handling construction workers’ compensation claims in NYC, so please contact our WC law firm today to schedule a FREE consultation to learn more about how we can help you.
There are many different types of work-place accidents that could allow a victim to recover workers’ compensation benefits in NYC. The most common are known as the “fatal four” which are falls, struck-by or hit by an object, electrocutions, and caught in/betweens. Some of the other most common construction accident examples include the following:
If you were injured in a construction accident, you may be entitled to workers’ compensation even if the accident was partially or completely your fault. This is because workers’ compensation is a “no-fault” benefits program, meaning that the comparative fault or culpability of the injured worker does not subject from or bar a claim.
Unfortunately, some employers and even WC adjusters will tell you otherwise. They will want to discourage you from filing a claim because it can increase their premiums and result in a payout. In certain instances, it can even subject them to violations of the Labor Law, OSHA, New York Law, and other applicable laws or regulations which could result in civil or criminal penalties for employers.
However, that does not impact you or your workers’ compensation claim (except in very rare or exceptional circumstances). Even if you were responsible for your own accident or injuries, you may still be entitled to recover compensation under New York workers’ compensation law. This is true even if you have an OSHA violation, were ticketed, or received any other type of reprimand for certain conduct that resulted in your accident. Your comparative fault does not matter in a workers’ compensation claim.
You are also entitled to file a WC claim if you have a preexisting injury or illness that was aggravated or worsened in your workplace accident or injury. A common example is a worker who has a back injury and ends up having a fall which requires a spinal fusion. Even though you already had a prior back injury and perhaps some disability, your new claim (the fall) worsened it and resulted in a surgery that you did not need before. That may entitle you to WC benefits.
However, it is important to realize that you likely will not receive the full-value of your claim. Rather, a WC physician and adjuster may assign a percentage of loss to the present accident which will take into consideration the state of your health (your back) prior to the accident. This means that your preexisting injuries and conditions may lessen your total value. This is normal, especially in construction workers’ compensation claims in NYC. But it also means that workers should call an experienced workers’ compensation lawyer to protect their rights.
All workers’ comp claims can be complicated, especially if you had a preexisting injury or if a carrier or employer is blaming you for your accident. However, you still have rights to recover workers’ compensation benefits and you may still be entitled to compensation for medical bills and lost wages. To learn more about how our experienced workers’ compensation lawyer in NYC at O’Connor Law can help you recover compensation, call to schedule a FREE consultation by dialing (844) 692-6671 or by sending us a private message through our “Contact Us” box available here. Our compassionate and experienced team of WC professionals handle construction workers’ compensation claims in NYC and throughout the five boroughs. To learn more about how we can help you, please call us today.