Burn injuries can happen in an instant and cause severe pain and long-term impairments. If your burn injury occurred while you were performing your job duties as a construction worker, you may wonder what legal remedies are available to you.
Can you pursue legal action from your employer after an injury? What types of compensation can you seek, and how much is your case worth? Read below to learn more, then contact a burn injury attorney in New York for personalized legal guidance.
How Can Burn Injuries Happen in a Construction Accident?
As a construction worker, you may be at a higher risk of workplace burns than workers in other industries. OSHA reports that manufacturing, food service, and construction consistently see the highest number of burn-related incidents. According to the same data, the construction industry accounts for nearly 25% of workplace burn injuries annually, with 29,165 burn injury cases recorded in 2025 alone in the American Burn Association’s Annual Burn Injury Summary Report.
Burn injuries can happen on construction sites due to a range of hazards. Common causes include:
- Chemical burns from industrial cleaners, acids, or solvents
- Thermal burns from steam lines, hot tar, or asphalt
- Explosions from gas lines or volatile chemicals
- Contact with open flames during cutting or welding
- Shocks and burns from live wires
- Contact with hot machines or equipment
- Uncontained fires that spread throughout a site or building
Burn hazards on construction sites should be clearly marked and communicated to workers to prevent injuries. Commercial buildings should also have certain safety measures to mitigate fire hazards, such as smoke detectors, fire alarms, or sprinklers.
Without the proper hazard prevention, construction workers can become seriously injured in burn, fire, and explosion incidents. A burn injury attorney can provide legal guidance after this type of on-the-job incident.
Options for Seeking Compensation After a Burn Injury Construction Accident
If you sustained serious burns that required medical attention or prevented you from working, you may have the opportunity to seek compensation to account for your losses. Working with a burn injury lawyer can help you explore all of your options for seeking compensation.
The following are your main legal remedies after a burn injury on a construction site.
Workers’ Compensation Claim
New York requires the majority of employers to provide workers’ compensation to their employees. This insurance coverage can help pay for your medical expenses and time off work due to an injury that occurred while you were performing your job duties.
Workers’ compensation is a no-fault system, which means that by accepting this benefit, you agree not to hold your employer directly liable for the incident. You can qualify for workers’ comp even if you were technically at fault for your own injury, such as if you came into contact with a known hazard.
If your burn injury prevents you from working for longer than seven days, you may be able to receive up to two-thirds of your normal wages until you can return to work. Workers’ compensation is a straightforward method of seeking reimbursement after an on-the-job injury, but it won’t allow you to recover non-economic damages like pain and suffering.
Third-Party Legal Claim
In New York, you generally cannot sue your employer for injuries sustained on the job. Workers’ compensation is the alternative solution that enables workers to seek compensation for job-related injuries. The only instances in which you may be able to hold your employer liable for injuries are in certain cases of intentional harm and grave injury.
However, you may be able to pursue legal action against a third party responsible for your accident. Examples of negligent third parties may include:
- A general contractor
- The property owner
- The manufacturer of defective equipment
- Suppliers or vendors
- Subcontractors
A New York burn injury attorney can review the circumstances of your worksite accident and help you understand whether any third parties may have been liable.
Potential Damages in a Burn Injury Lawsuit
If you pursue a personal injury claim against a third party for your construction site burn injuries, you may be able to seek both economic and non-economic damages as legal remedies.
Economic damages account for the monetary costs you incurred from the accident, such as:
- Ambulance costs
- Hospitalization costs
- Physical therapy
- Medications
- Other medical bills
- Lost wages
- Loss of future earning capacity
Non-economic damages compensate you for the physical and emotional toll the accident has taken on you, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Mental anguish
Seek Legal Representation From a New York Construction Accident Attorney
What are your legal remedies after a burn injury on a construction site? An experienced burn injury attorney can answer this question, explain common mistakes after a construction accident, and provide legal guidance through your case.
Dervishi Law Group, P.C., represents construction workers through workers’ compensation and personal injury claims. Speak with a burn injury attorney today by calling 718-484-4757.
Frequently Asked Questions
How much compensation can you seek for a burn injury?
The amount of compensation you can seek for a burn injury depends on the severity of the injury, how it has affected your life, and who may have been responsible. Your construction injury lawyer in NYC can review your case and help you understand how much it may be worth.
What is the statute of limitations for construction accident lawsuits in New York?
The statute of limitations for pursuing legal action for construction site accidents is generally three years from the accident date in New York.
Can you pursue both workers’ compensation and a lawsuit after a construction site accident?
You may be able to pursue both a workers’ compensation claim and a lawsuit after a construction site accident, depending on the details of your accident. You cannot sue your employer after accepting workers’ compensation, but you may be able to seek additional damages through a third-party lawsuit. You generally cannot claim compensation for the same damages twice. A burn injury attorney can explore all of your compensation options to help you maximize your case value.
