Were you injured in a construction accident? If you’re like many, your first instinct may be to brush the incident under the rug, pay for your medical bills out of pocket, and put the whole thing behind you.
But as an accident victim, you may have the right to seek compensation from the at-fault party. By filing a claim or holding the liable party accountable, you’re not being dramatic or unreasonable; you’re executing your rights.
Learn your rights as a construction accident victim. Then, contact a construction accident attorney in the Bronx for assistance protecting those rights and seeking compensation.
Employees’ Rights After Construction Accidents
If your construction accident happened while performing your job duties, you should understand employees’ rights in the face of accidents. While these rights vary depending on the circumstances of your accident, a construction accident lawyer can help you pinpoint your rights under New York law.
Right to Workers’ Compensation
First, you likely have a right to workers’ compensation benefits. Businesses in New York must offer workers’ compensation coverage to all part-time and full-time employees. You will qualify for workers’ compensation as long as the accident happened while acting within the scope of your job duties, regardless of whose fault it was.
Under New York law, your employer must cooperate with your workers’ compensation claim. They must notify their insurance carrier of your claim within ten days of you reporting it to them.
Your workers’ compensation claim should compensate you for your medical treatment and time off work. Your disability payments will continue every two weeks as long as your injuries prevent you from working.
The maximum weekly benefits for New York workers are two-thirds of their gross pay or up to $1,145.43 per week. In 2022, the New York State Workers’ Compensation Board processed approximately 10,000 claims in the construction industry alone.
Right to Reasonable Recovery Time
According to a Travelers report, construction workers miss an average of 99 days of work while recovering from a workplace injury. You have a right to take a reasonable amount of recovery time from your job without fearing that your employer will retaliate.
Your employer cannot discriminate because you have filed a workers’ compensation claim. Neither can they prevent you from filing a claim or ask you to pay for workers’ compensation coverage.
However, your employer can replace you if you cannot work and they need to fill your position for operational reasons.
If you think your employer has fired you out of retaliation and not for legitimate business purposes, consult a construction accident attorney.
Right To Hold Your Employer Liable for Violating Labor Laws
New York construction companies must follow several construction safety rules to prevent accidents on their job sites.
For example, construction employers have a general duty to protect the health of their construction employees under New York Labor Law 200. Under Labor Law 202, employers must provide adequate safety precautions and devices to prevent accidents. Meanwhile, Labor Law 240, New York’s “Scaffold Law,” requires construction employers to provide the proper protection to prevent gravity-related accidents.
If your employer violated any labor laws leading to your accident, you have a right to report your employer through a workplace complaint. Your employer cannot retaliate if you file a complaint.
You may also have the right to hold your employer liable for your injuries through a personal injury lawsuit. Talk to a Bronx construction accident lawyer about your right to legal action.
Pedestrians’ Rights After Construction Accidents
If you were injured in a construction accident as a pedestrian, not a worker, you also have several rights that may aid your recovery. The two main rights of accident victims are as follows:
Right To Seek Compensation From the At-Fault Party
If another party was negligent in your construction accident, you have a right to seek compensation from them through an insurance claim or lawsuit.
People owe each other a duty of care to reasonably prevent accidents. If your construction accident was preventable, yet the negligent party failed to perform reasonable actions to prevent it, they likely owe you compensation.
For example, perhaps the construction manager failed to place the proper signage indicating that a staircase was under construction. You stepped on the staircase and fell through an unstable section. The construction company may be liable for your injuries.
You can begin by filing an insurance claim with the at-fault party’s liability insurance provider. But if this party does not have adequate insurance, or the insurance company fails to cooperate, you may need to take legal action to seek compensation. Your construction accident attorney can review your rights relating to your accident and compensation methods.
Right to Safe and Sick Leave
You also have the right to take a certain amount of time off work while recovering from your construction accident injuries. New York City has a Paid Safe and Sick Leave Law that allows covered employees to use leave to treat injuries. Employer responsibilities under this law include the following:
- Employers with 100+ employees must provide up to 56 hours of paid leave each year.
- Employers with between five and 99 employees must provide up to 40 hours of paid leave each year.
- Employers with four or fewer employees and a net income of at least $1 million must provide up to 40 hours of paid leave each year.
- Employees can use safe and sick leave without giving advance notice.
- Employers cannot require a waiting period for new hires to use safe and sick leave they have accrued.
- Employers must provide written notice of their safe and sick leave policy.
Talk to your employer about using safe and sick leave during your accident recovery. If your employer refuses to comply, consult an employment attorney.
Dervishi Law Group, P.C.: Your Bronx Construction Accident Lawyers
If you were injured on the job or while passing by a construction site, hiring legal representation is crucial to understanding and protecting your rights. At Dervishi Law Group, P.C., we have extensive experience representing victims in construction accident cases. We’ll help you through the legal process, advise you on maximizing your compensation, and help you move forward from this devastating event.
Contact Dervishi Law Group, P.C., today at 718-484-4757 for your free case evaluation. Then, review our recent blog post for common causes of crane accidents to keep in mind while on the job.
Frequently Asked Questions
How common are construction accidents?
Construction accidents are all too common despite labor laws in place to prevent them. As many as one in five workplace deaths in the U.S. occur in the construction industry, according to the BLS.
Can you sue for pain and suffering in New York?
You can sue for pain and suffering in New York. Pain and suffering is a non-economic expense that accident victims often seek in civil lawsuits. Other common non-economic expenses include emotional distress, loss of quality of life, and disfigurement. New York places no cap on the amount of non-economic damages victims can seek.
What is the statute of limitations for work injuries in New York?
The statute of limitations for work injuries in New York is two years from the accident date. However, you must notify your employer of your injuries within 30 days of the accident. Failing to formally notify your employer by this deadline could prevent you from seeking workers’ comp benefits.
If you’ve surpassed the 30-day notification deadline, speak with a construction accident attorney about your options.
