According to data compiled by the Bureau of Labor Statistics, construction is among the most dangerous industries in America, with one of the highest rates of workplace injuries. While workers’ compensation can provide supplemental coverage to those suffering injuries, it is often not enough to completely offset all the costs of an injury.

If you are a construction worker injured on the job, contact Rosenberg, Minc, Falkoff & Wolff, LLP for a free consultation. We have been helping injured New York construction workers receive compensation for their workplace injuries since 1922.

Limits to Benefits

The New York State Workers’ Compensation Board has established limits to the benefits workers can receive. For example, the maximum weekly benefit that an injured construction worker can receive through workers’ compensation is $904.74.

Do You Need an Attorney?

There is no legal requirement for construction workers to have an attorney if they are making a worker’s compensation claim. However, if your injury is serious enough to have long-term consequences, or to have involved significant pain and suffering, you may not receive enough compensation to cover any future expenditures associated with your injury.

A highly experienced workers’ compensation attorney can maximize your compensation, ensuring that the facts of your case are established and documented in the strongest way possible. Additionally, in the case that negligence played a factor in your injury, a lawyer may be able to file a separate personal injury claim for additional compensation against the responsible party.

If you have been offered a settlement through your insurance that you feel is unfair, and it cannot be resolved, you have a right to request a hearing before a Workers Compensation Law Judge. In this case, a lawyer is highly recommended to help you navigate this process and submit a compelling argument.

Pain and Suffering

Construction workers cannot receive compensation for pain and suffering through workers’ compensation insurance provided their employers, and they typically cannot sue an employer after a workplace injury. However, if your injury is the result of reckless behavior or negligence by a third party, you may be able to file a pain and suffering suit in the New York Supreme Court.

In such a case, you could pursue compensation for expenses and losses such as:

• Complete coverage for the costs of medical care, ongoing treatment, etc.
• Reduced earning capacity, from lost wages to long-term impact on your ability to earn a living
• Permanent disability
• Death benefits

Workplace Injuries: Construction Worker Medical Care

Under the workers’ compensation system, medical care for injured construction workers is paid by insurance companies. To have these costs paid, you, as a construction worker, are required to prove that you have an injury, illness or disability that occurred due to some aspect of your duties of employment and that you gave notice to your employer. A person who has been very seriously injured may not have the capacity to file paperwork – but, regardless, the claim must be filed within two years of the incident that led to injury, illness, or disability.

Many construction workers injured on the job have been shocked to discover that a legitimate claim is being contested by the insurance company; this is not unusual. Workers’ compensation insurance providers are commercial enterprises that were established with the goal of making a profit. Reduced claim payouts lead to higher profits. Your medical records will be carefully examined with the hope that you have some medical condition that contributed to your injury to some degree, in an effort to reduce the benefits or not pay them at all. The system can be very unfair to those who do not have legal representation that can level the playing field.

Reporting a Construction Injury

An injured construction worker must provide the employer with a written report about the accident within 30 days. If the employer was aware of the accident (even if a written report was not submitted), this requirement is often excused. In the case of a serious accident, it would be rare or almost impossible for the employer to be unaware that it occurred.

Top 7 Industries with the Most Occupational Injuries and Illnesses in New York

According to the New York State Department of Labor, the top 7 industries that have the most occupational illnessses and injuries are:

1. State & local government
2. Educational & health services
3. Healthcare & social assistance
4. Trade transportation, utilities
5. Manufacturing
6. Retail trade
7. Construction

Death on the Job: Construction Accident Cases Involving Loss of Life

In a recent year, construction deaths in New York hit a 14-year high. In that year, 17 construction workers died from injuries sustained on the job. New York State is in the top ten in construction fatalities, with workers dying at a rate 4.6 times higher than all other workers.

Those who work on construction sites have seen what happens when something goes wrong. Workers often feel compelled to work under unsafe conditions to continue to earn a living. In construction projects, cutting corners for financial benefit may include violating safety regulations: OSHA inspections are rare.

A family who has lost a loved one – often the sole breadwinner – has the right to pursue death benefits through workers’ compensation. At Rosenberg, Minc, Falkoff & Wolff, LLP, we can help you through the complex procedure of pursuing the maximum possible under the system. We understand that your family’s lives depend upon the outcome of the case, and we take our duty very seriously.

The Workers’ Compensation Firm Construction Workers Need

At Rosenberg, Minc, Falkoff & Wolff, LLP , our construction accident lawyers will work tirelessly to pursue the full amount of compensation you deserve. Our help is yours at no upfront cost – you won’t be asked to pay a fee until we have won your case.

We have the experience, the experts and the investigative skills that it takes to get the job done, as reflected in our remarkable 95 percent success rate. Don’t be overwhelmed by the problems and challenges you face, and contact us today for a free consultation.