Working as a construction worker is arguably one of the riskiest jobs in the world. Many workplace hazards can cause construction accidents and lead to bodily harm or even loss of life. That’s why if you are a construction worker or a contractor, you are required by employers in certain states to have completed the OSHA Construction training. Those with supervisory responsibilities, such as foremen and project managers, should complete the OSHA 30-Hour Construction Safety Outreach Training.
Whether you own a business in the construction industry in New York or you’re a construction worker, this post is meant for you.
RELATED ARTICLE: SITE ACCOMMODATION: HOW TO CARE FOR YOUR WORKERS
Here is what you need to know about construction accidents and injury claims in New York.
Understanding New York Labor Laws
The first place to start is to ensure you are well-versed in labor laws. New York labor laws require building owners and general contractors to take responsibility for protecting their workers from gravity-related dangers and other construction accidents. These laws protect workers who are injured in the preparation, repair, and alteration of commercial buildings.
Here is a quick summary of New York labor laws 200, 240 and 241:
New York Labor Law 200
This law touches on the safety of construction workers on construction sites. Construction owners and contractors should enable a safe environment by placing and guarding all equipment and machinery safely. These precautions help to prevent construction accidents.
New York Labor Law 240
Section 240 of the labor laws of the State of New York protects the rights of workers who are injured due to a falling or striking object. The law requires that construction workers be provided with protective gear before starting any such activity. Protective gear can minimize bodily harm caused by construction accidents.
New York Labor Law 241
Section 241 talks about general protection against general types of hazards. This law looks at the injuries that occur during excavation, demolition, and improper use of equipment. It covers workers who are working from elevated surfaces as well as those involved in any type of construction activity. This law aims at preventing construction accidents.
Compensation in Construction Accidents
There are different claims that a worker could pursue to seek compensation for a construction accident. Therefore, it’s advisable to do this with the help of construction accidents lawyers.
An experienced lawyer will assess the case, offer the right legal advice and representation. Here are some of the options an attorney might explore:
Workers’ Compensation
In case of an accident, construction workers can claim workers’ compensation from their employers. However, in order to get workers’ compensation, the worker must notify their employer within 30 days from the time of the accident. The policy covers hospital bills and hospital transportation, a portion of missed wages, and temporary total disability payments.
Personal Injury in a Third-Party Claim
When a third party’s negligence causes a construction accident that leads to injury, the worker who has been hurt can seek compensation from whomever caused the accident on the site.
They should pursue their claim through the courts, as these claims are more comprehensive than a workers’ compensation policy. For example, these claims cover pain and suffering, past and future medical expenses, lost wages, and more.
Wrongful Death
When an employee dies in a work-related injury, his or her dependents can claim workers’ compensation death benefits. An attorney can help them get compensation for wages and benefits lost, lost inheritance, mental anguish, pain and suffering, and more.
Construction Accident Claim Timelines
The timeline for construction accident claims differs. For instance, the nature of the injuries the worker suffered affect the case. Also, the courts use the medical costs the worker incurred to calculate the amount of the claim.
Therefore, the longer recovery takes the longer the time needed to settle. Additionally, lawsuits can take a much longer time, even as long as five years.
Get Help with Injury Claims After Construction Accidents
New York has one of the best laws for construction workers, but getting compensation is another story altogether. Work with a skilled and experienced construction accident attorney who will help you with your claim.
