Getting Injured on a Construction Site | Owen Law Firm

  • By Joe Owen Law Firm Pllc
  • 27 Sep, 2017
Have you been injured while working on a construction site? Are you feeling overwhelmed with medical bills or frustrated by an inability to work? Well, the good news is that you may be entitled to compensation.

What Does Worker's Compensation Cover?

In New York State, employers are legally obligated to cover their workers with worker's compensation. Under this program, if you are injured on the job, you can make a claim for medical bills and lost wages. It doesn't matter who caused the injury — you don't need to establish liability to make a worker's comp claim.

There are only two exceptions. If you were injured due to being intoxicated or on drugs at work, you may not be entitled to make a worker's comp claim. Additionally, your claim may be denied if you got injured while trying to hurt another worker.

Is There Additional Coverage?

Normally, when you are covered by worker's compensation, you waive your right to bring a lawsuit against your employer. However, New York State has special liability laws for construction workers.

Under the state's labor laws, if you are injured while working with heavy machinery, cranes, forklifts or scaffolding, you have a right to bring forward a lawsuit for your pain and suffering. These special rules cover construction, demolition and excavation workers.

Who Can Be Held Liable?

Depending on the nature of the accident, your employer may be liable. In other cases, construction site owners, subcontractors or engineers may be liable. Finally, there are cases in which a third party, such as an equipment manufacturer, may be liable.

What Type of Construction Site Accidents Are Covered?

You can bring forward lawsuits related to a range of different injuries. As of 2015, the most common injury on construction sites in New York are slip and fall injuries. Falls from elevated heights including scaffolds and ladders are the most common construction site cases our firm handles. They constitute 59% of these injuries.

Additionally, 28% of the industry's accidents fall into the following three categories:
  1.  Being caught between heavy machinery or stuck in a caved in trench
  2.  Electrocution or injuries related to explosions or fires
  3.  Being hit by falling or flying objects
The remaining 13% of injuries fall into a range of categories. They include everything from exposure to asbestos to forklift injuries.

Is Your Work Environment Safe?

Worker's compensation claims only cover the bare minimum. Typically, they cover your medical bills and approximately two-thirds of your lost wages for the time you are unable to work. The program also offers some benefits to survivors if you die on the job.

With a serious construction site injury, those benefits generally do not even cover a fraction of the costs that you are likely to incur. A pain and suffering lawsuit can be much more comprehensive.

You may get compensation for your medical bills, lost current and future wages, and pain and suffering. If you have lost a loved one due to an injury on a construction site, you may also qualify for wrongful death benefits.

If you think you are the victim of a  construction accident , contact the Owen Law Firm today. We can start with a free consultation and help you figure out the next steps forward.

By Joe Owen Law Firm Pllc 03 Jan, 2018
After you have suffered an injury, you may begin to wonder whether you are able to sue. Some accidents simply happen with no one at fault. In other accidents, the judge may not be able to rule out that you were at fault. However, depending on the facts of the case, you may be able to prove that a business owner is at fault and that you deserve compensation.
By Joe Owen Law Firm Pllc 03 Jan, 2018

The aftermath of an injury caused by another person (or people) can be both physically and mentally taxing. Trying to focus on healing while wondering how you're going to pay bills, care for your family, or return to work is stressful.

This stress can be compounded when the responsible party (or their insurance company) tries to claim that you were partially at fault in the circumstances that led to your injury, diminishing the amount you're offered in settlement of your claims.

This principle, known as comparative fault, has the potential to reduce your recovery if you're deemed to be partially (or totally) responsible for your own injuries, but this is the defendant's burden to prove. Read on to learn more about New York State's comparative and contributory fault laws, as well as how a defendant's allegations that you share the blame for your injury could affect your case.

By Joe Owen Law Firm Pllc 12 Oct, 2017

If you have been involved in a car accident that has left you injured, you may be looking into getting a personal injury attorney. A personal injury attorney can help you bring a personal injury case against the party or parties responsible for your injuries. You are allowed to recover money for lost income, medical expenses, permanent injuries, disfigurement and pain and suffering.

The majority of personal injury lawyers offer a free consultation to those who are injured. This allows them to determine if they want to take on your case and gives you the opportunity to determine if this is the attorney you wish to work with. If you have a consultation scheduled, it is important to bring along as much information as you can. Here are a few of the items you should bring if you have them.

By Joe Owen Law Firm Pllc 27 Sep, 2017
Have you been injured while working on a construction site? Are you feeling overwhelmed with medical bills or frustrated by an inability to work? Well, the good news is that you may be entitled to compensation.
By Joe Owen Law Firm Pllc 27 Sep, 2017
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