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Are Injured Construction Workers Entitled to Workers’ Compensation in NYC?

The Federal Government is in the process of passing a 1.2 trillion dollar infrastructure bill that will have a huge impact on the New York City Construction industry. The City That Never Sleeps has been in a building boom for over a decade, and now that building boom will likely last at least another decade with the new construction projects from the federal money. Unfortunately, the new projects create a double-edged sword. The jobs created will be good; however, the danger from the jobs puts construction workers in jeopardy of getting injured at work.

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New York Construction Workers Are Most In Danger of Needing Workers’ Compensation

Although construction workers only make up 5% of NYC’s total workforce, the construction industry accounts for 27% of all work-related deaths in New York City. Additionally, the fatality rate is higher in New York City than in any other area in the country, according to the Federal Bureau of Labor Vital Statistics.

Construction sites are dangerous. Unfortunately, construction accidents have become commonplace. Unfortunately, the workers who helped create the most iconic skyline in the world are at the highest risk.

Why Are On-Site Construction Accidents So Frequent Now?

Currently, there are three major reasons why construction accidents are at an all-time high:

  1. There is a lack of skilled laborers. Therefore, those currently working are overworked or are working with co-workers who are as qualified or well trained.
  2. Job site jumping is another issue. Workers are only assigned to a job site for a short period. As a result, they are not acclimating to the job’s area, tools, and equipment.
  3. Schedules are very demanding because of the tremendous pressure to complete jobs as quickly as possible, even if cutting corners means injuries or even death.

Infographic on OSHA statistics for construction work site accidents

According to OSHA statistics, 90% of construction accidents were due to violations relating to training, fall protection, scaffolding safety, stairway safety, and ladder safety. These violations make up the five most common construction accidents, including falling, being hit by falling debris or materials, electrocution, power tools that lack protection,  lack of protection for excavation or soil work.

Falling injuries make up 58% of the fatal injuries for construction workers. Construction workers have injuries when they fall off roofs, ladders, scaffolds, or any elevated height. The common injuries that construction workers have leading to serious injuries are head injury with traumatic brain injury post-concussion syndrome, fractures, organ damage, neck and back injuries, shoulder injuries, and knee injuries. In addition, many construction workers experience mental health issues after an injury.

When Are Construction Workers Entitled to Workers’ Compensation in New York?

Construction workers will be entitled to workers’ compensation benefits regardless of fault. Workers’ compensation benefits will provide them with medical and weekly wage replacement. In addition to their worker’s compensation claim, there may be a third party responsible for their injury, and they may have a right to sue with a personal injury claim.

If you are a construction worker who was injured on the job, the most important thing for you to do is seek medical attention. The second is to provide written notice to your employer within 30 days. In New York State, an injured worker must notify their employer within 30 days in writing. Finally, it is important that you consult with an attorney right away as the insurance company for your employer has attorneys on retainer.

Schedule a Free Workers’ Comp Virtual Consultation O’Connor Law PLLC

If you’re searching for a New York workers’ comp attorney with expertise and experience in workplace construction accident cases, we are happy to assist you. We have successfully represented countless construction accident victims as well as assisted family members in securing death benefits.

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