Workers Comp for Construction Workers in New York State

At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand that navigating the workers compensation process after a workplace injury can be overwhelming. If you are a construction worker injured on the job in New York State, you may feel uncertain about your next steps. You might also be worried about how to provide for your family while recovering. Our firm is here to help you through this difficult time. We are compassionate about the challenges you face and are committed to guiding you toward a successful resolution for your workers compensation case.

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

Understanding Workers Comp for Construction Workers

Construction workers face some of the most dangerous working conditions, often operating in environments with heavy machinery, tools, and hazardous materials. In New York State, workers compensation exists to protect employees like you who are injured on the job. This system ensures that you can receive medical treatment and partial wage replacement without the need to prove that your employer was at fault for your injury.

Workers compensation is designed to be a no-fault system, meaning you are entitled to benefits regardless of who caused the accident. This is particularly important in the construction industry, where accidents can occur despite everyone taking reasonable precautions. Understanding how the process works is critical to ensuring you receive the benefits you need and deserve.

Common Construction Injuries Covered by Workers Comp

Construction sites present unique hazards that can lead to various types of injuries. Falls from scaffolding or ladders, injuries caused by heavy machinery, and exposure to harmful substances are some of the most common accidents. Other injuries include repetitive strain injuries from repetitive tasks or lifting heavy materials, as well as hearing loss caused by prolonged exposure to loud equipment.

Workers compensation benefits typically cover injuries that occur as a direct result of your job duties. If your injury is serious enough to prevent you from returning to work or requires ongoing medical care, you may be entitled to additional benefits. However, proving the connection between your work and your injury can sometimes be complicated, making it essential to have the right support.

Steps to Take After a Construction Accident

If you have been injured on a construction site, your health and safety should be your top priority. Seek medical attention immediately, even if your injury seems minor. Some injuries may not become apparent until days after the accident, and failing to report your injury right away could impact your ability to receive benefits.

Notify your employer as soon as possible about your injury. In New York State, you are required to inform your employer within thirty days of the accident. Waiting too long to report your injury may result in the denial of your claim. After notifying your employer, they are responsible for filing a claim with their workers compensation insurance carrier.

During this process, you may be asked to provide detailed information about the circumstances of your injury, as well as documentation from your healthcare provider. These steps can be confusing, especially while you are recovering. Having someone who understands the system can make all the difference.

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Challenges Construction Workers Face When Filing Claims

While workers compensation is meant to be a straightforward system, construction workers often encounter unique challenges. Employers and insurance companies may dispute claims, arguing that an injury was not work-related or that it occurred outside the scope of your duties. You may also face pressure to return to work before you are fully healed, putting your long-term health at risk.

Additionally, construction workers are sometimes misclassified as independent contractors rather than employees. Independent contractors are typically not eligible for workers compensation benefits, and proving your status as an employee can become an extra hurdle in the process. These challenges can feel overwhelming without legal guidance.

Benefits Available Through Workers Comp

In New York State, workers compensation benefits cover medical expenses related to your injury, such as doctor visits, surgeries, physical therapy, and medication. You may also receive a portion of your lost wages if your injury prevents you from working. These benefits are calculated based on your average weekly wage and the severity of your injury.

If your injury results in a permanent disability or significantly impacts your ability to work, you may qualify for long-term benefits. Families of construction workers who lose their lives due to workplace accidents may also be entitled to death benefits, including funeral expenses and ongoing financial support.

While these benefits are critical, the process of securing them can involve many steps and potential roadblocks. Each case is unique, and having knowledgeable legal representation can ensure your claim is handled properly.

Why Legal Representation Is Important for Construction Workers

Navigating the workers compensation system can be especially difficult for construction workers, given the complexity of workplace injuries and the potential disputes that arise. Having an attorney by your side ensures that your rights are protected at every stage of the process.

Your attorney can help gather evidence, such as medical records and witness statements, to strengthen your claim. They can also advocate on your behalf if your claim is denied or if you face delays in receiving benefits. In some cases, a third-party lawsuit may be necessary if someone other than your employer contributed to your injury. For example, if faulty equipment caused your accident, the manufacturer might be held responsible.

An attorney can assess all potential avenues for compensation and guide you toward the best outcome. This support allows you to focus on your recovery while ensuring that your case is handled with care.

Handling Denied or Delayed Claims

It is not uncommon for workers compensation claims to be denied or delayed, even when the injury is legitimate. Insurance companies might dispute your eligibility for benefits by questioning the extent of your injury, your employment status, or whether the injury was truly work-related. These denials can leave injured construction workers feeling frustrated and unsure of their next steps.

If your claim is denied, it is important to know that you have the right to appeal. The appeals process involves presenting additional evidence and possibly attending a hearing before a workers compensation judge. While this process can seem intimidating, having skilled legal support can make a significant difference in reversing a denial. Our firm has the experience to handle these challenges effectively, giving you the best chance to secure the benefits you are entitled to.

If you are a construction worker who has been injured on the job, you may feel unsure about how to move forward. Workers compensation is meant to provide financial and medical support, but the process can be daunting. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the challenges you are facing and are here to help.

Our team has the experience needed to handle complex workers compensation cases for construction workers in New York State. From filing your initial claim to appealing a denial, we are committed to achieving the best possible result for you. Contact us today to schedule a consultation and take the first step toward securing the compensation you deserve.