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Construction Workplace Accident Attorney Long Island
No one can deny that construction workers face huge risks on the job every day. Unfortunately, the industry is one of the most dangerous in terms of causing worker deaths and serious injuries. As a construction worker, you depend on your employer to create a safe working environment for you and your co-workers. Whether it is due to simple carelessness or someone deliberately risking safety to drive up profits, an accident on the job can have devastating consequences. Some of the most common types of accidents among injured construction workers include:
- Forklift or crane collapse
- Scaffolding collapse
- Chemical exposure
- Falls from loading docks, unguarded roofs, and walkways
- Slip and fall
- Being struck by a falling object
You have the right to file for New York workers’ compensation when you’re injured on the job. The law also allows you to retain a workplace accident attorney if you feel that your employer or the insurance company representing your employer is treating you unfairly. Perhaps your claim has been unjustly denied, you experience frequent delays with payment, or you feel dissatisfied with the medical provider you must see. Whatever your specific situation, the experienced workers’ compensation attorneys at Terry Katz & Associates are here to help you fight for fair compensation and treatment.
Understanding Workers’ Comp for Construction Laborers
All New York employers that meet requirements for a number of employees and annual revenue must carry workers’ compensation insurance. Each state has its own system for injured workers so they can continue to receive income while recovering from their injuries. Filing a claim for workers’ compensation benefits does not mean that you’re suing your employer. It simply means that you are exercising your legal right to continue receiving compensation and other benefits when you cannot work due to an on-the-job injury. You must complete each of these steps to apply for benefits:
- Report the injury to your employer in writing within 30 days.
- Complete a claim form, which is your legal request for benefits.
- File the claim form with the appropriate workers’ compensation agency as soon as possible.
You are entitled to receive up to 66 2/3 percent of your weekly pay while you are out on temporary disability. However, the New York State Legislature sets a maximum weekly benefit each year. For the fiscal year of July 1, 2018, to June 30, 2019, that amount is $904.74. You need to provide your employer with a note from your doctor stating that you are temporarily unable to work. Your first temporary disability check should arrive within two weeks of the time that you provided the notification.
You may qualify for permanent disability if your work-related injury makes it impossible for you to return to the same job or train for a new one. Vocational rehabilitation is also one of the benefits you can receive under the state’s workers’ compensation program. The insurance company representing your employer must also pay all medical costs, which includes your mileage and parking fees for medical appointments.
Although the process for reporting an injury and receiving benefits are straightforward, some construction workers become frustrated because they are not receiving the benefits they should in a timely manner. For example, your employer could deny the claim by stating that your injury or illness happened outside of work hours. That can be devastating when you are facing a long recovery period and cannot earn an income during that time. This is just one of many examples that lead to some injured construction workers choose to hire a Long Island workers’ comp lawyer to represent them.
Construction Sites Are Hazardous Working Environments
The types of construction accidents that we outlined above can cause severe injuries. Below is a list of some of the most common types of injuries experienced by construction workers in New York:
- Broken bones
- Traumatic brain injury
- Burns from electrocution
- Back injuries
- Muscle and ligament damage
- Hearing loss
- Vision loss
- Amputation of a limb
- Immediate death or death that occurs later due to a job-related injury or illness
- Spinal cord injury
- Hand injuries
- Knee injuries
Dealing with these extreme injuries is difficult enough but knowing that your injury should never have happened makes things even more challenging. Some of the most common causes include employers who ignore safety warnings and those who fail to provide construction workers with the protective equipment they need to remain safe on the job. This includes such things as eye and ear protection, hard hats, steel-toed boots, headphones, and insulated gloves. You may be eligible to file a personal injury lawsuit in addition to a workers’ compensation claim if you feel that your employer was especially negligent or reckless regarding your safety.
It is also important to understand the others besides your employer may be responsible for causing your injuries. For example, a manufacturing company may have sold your employer a faulty piece of equipment knowing about its potential to malfunction. A third-party vendor who distracted you from your work is another common example. Since New York’s workers’ compensation operates under a no-fault system, you would still file a claim with your employer and potentially consider separate legal action against the responsible parties.
We Can Help: Talk to a Workplace Accident Lawyer
Workers’ comp for construction can be complex. We encourage you to contact Terry Katz & Associates no matter where you are at in the process of attempting to obtain workers’ compensation benefits. Our work accident lawyers have years of experience helping people just like you fight for and obtain the benefits and fair treatment that they deserve. Our Long Island office is conveniently located at Uniondale, New York, and you may reach us at 888-488-7459 to request a free and confidential review of your work injury case.