Everyone that works in the construction industry knows that there are certain risks to their job. Whether you are operating large machinery and heavy equipment, working at substantial heights, or handling electrical work, there are many hazards that a construction or contracting worker must navigate on a daily basis. The state of New York and the federal government have enacted many workplace safety standards to minimize this risk as much as possible. However, accidents happen no matter how many protections are put in place. If you have suffered an injury while working in the construction industry in New York, you want to be fully aware of all your rights so that you can receive fair compensation for your injuries.
Right to a Safe Workplace
The Occupational Safety and Health Administration (OSHA) provide many important rights for workers in any industry and the state of New York has many similar protections in place. As a worker, you have the right to a safe workspace without known safety hazards. These protections guarantee the right to be trained in a language you understand. You have the right to safe equipment that includes all the necessary gear to prevent falls and contact with dangerous materials. Construction workers have the right to a work place free of any toxic chemicals. They have the right to report any issues directly to OSHA and the ability to speak with an inspector if desired. If any injury occurs, you can report it directly to OSHA and receive copies of all medical records, workplace and injury logs, and all tests performed to determine the presence of any hazards on their jobsite.
New York No-Fault Workers Compensation
The state of New York has a no-fault workers’ compensation insurance system. This system provides cash benefits and medical care to any workers that are injured on the job. The full cost of this coverage is paid for by employers in the state and workers are not required to cover any of these costs. You are eligible for benefits regardless of what party was at fault. The only exceptions are when an injury was caused solely by impairment from drugs or alcohol or the worker intended to injure themselves or others. Claims are paid by the employers’ insurance when it is determined the injury was work-related. Any disputes about the cause of the injury are settled by a workers’ compensation law judge in the state of New York. While a dispute is being settled, you may be eligible for disability benefits that would then be subtracted from any future compensation for the injury.
Compensation from Negligent Third Parties
While the no-fault system in New York does not allow you to sue your employer for further damages from a workplace accident, you may have the right to pursue a claim against any negligent third parties. There is potential for compensation if the third party directly caused the accident or injury or simply knew that there were dangerous work conditions. You will need to reimburse the workers’ compensation that you received in the case of a successful claim against negligent third parties so it is important to work with an attorney that can accurately assess the potential claim and balance it against the amount that would need to be paid back to workers’ compensation.
Find an Experienced New York Construction Accident Lawyer
The protections in place for construction workers may lead you to believe that an attorney is not necessary and you should simply accept the first offer for compensation. This could not be further from the truth. When dealing with the complexities of a construction accident and injury, you want to have an experienced New York construction accident lawyer representing your interests. They will be able to help you review the accident and determine your actual expected costs. They will also be able to determine if any third parties were at fault for the accident and the potential claim against them. Any injury or accident can be emotionally, physically, and financially draining. It is imperative to have a team that represents your interests and fights to get you fair compensation for your injury.