New York City Personal Injury Law Blog
Personal Injury Claims for Construction Workers
Posted on Jul 3, 2017 in Back Injuries, Brain Injury, Burn Injury, Catastrophic Injuries, Construction Accidents, Eye Injury Lawyers, Hazardous Materials, Negligent Security, Personal Injury, Personal Injury FAQs, Premises Liability, Scaffold Accidents, Slip and Fall, Spinal Injuries, Workers' Compensation, Wrongful Death
As a construction worker, it’s always possible that you might be lightly or badly injured at the site because of a sudden fall or while handling heavy construction equipment. On certain occasions, it has also happened that cranes bearing heavy loads have lost control and dropped heavy items on people, injuring and disabling them permanently or even killing them. With the economy soon about to improve when taxes are lowered we may even see more people get hurt because there will be more activity going on. if you have been involved in a construction accident, learn what are the options for a personal injury claims for construction workers.
Your rights to compensation
What then are your rights to workmen’s compensation should you be a victim of such unfortunate circumstances? To begin with, you have a right to claim compensation according to the provisions of various workmen’s compensation laws.
This would, however, depend on your status of employment and/or to what extent your employer’s responsible for the said injury. The latter of course, is determinable by the attorney who will represent you. This may be deemed to be a specific benefit to which you are entitled and a safety net for you if you are injured in harness. These are the two most important factors in personal injury claims for construction workers.
It is also advisable to note that the law clearly stipulates that every construction or hazardous business must compulsorily have insurance for workers’ compensation covering its employees. When you file for workers’ compensation, you are actually claiming the money from the insurer. You are not suing your employer, rather placing a request for your due benefits.
The compensation payable to you will be dependent on the following factors:
- Nature of injury (permanent or temporary).
- Extent of injury (whether the injury has caused temporary or permanent disablement).
- Loss of wages due to the injury.
- All medical expenses incurred for treatment of the same until full recovery. Under the scheme of workers’ compensation, a victim may be treated by the company’s doctor, but it shouldn’t cross 30 days. After such time, the patient may press the button for a different physician, subject to submission of a request in writing.
Mental trauma suffered: Of course, there may also be other outside parties like property owners, 3rd party contractors or even equipment manufacturers who may be responsible for your injury. Thus you are also liable to sue these parties for appropriate compensation under personal injury claims for construction workers.
Temporary disability: If your injury keeps you away from the workplace, you are entitled to payments for temporary disability. This amounts to partial compensation of any lost wages, subject to certain minimum and maximum limits. The average rate, however, is approximately two-thirds of the average gross pay per week, payable every fortnight. This temporary disability, however, has to be certified by a qualified medical practitioner. This too is an important factor in personal injury claims for construction workers.
Permanent disability: A lump sum monetary award is given to any worker who can’t recover completely from the injury’s effects. Permanent disability implies the injured party’s loss of abilities to work with uninjured and normal workers. This amount, however, is determined on the limitation placed by the injury on your activities, your age, earnings when the injury happened and occupation.
Consult a judicious and committed lawyer
Workmen’s compensation can be a tricky issue and handling it by yourself could land you in a further mess. We at Rosenberg, Minc, Falkoff, & Wolff or RMFW Law are experienced and trained workmen’s compensation lawyers with a proven track record of successful cases to our credit. We shall assess your claim free of charge, take care of the necessary paperwork in filing it and negotiate with the insurer to get you the best deal. Call us at 212 697 9280.
We know how to win these types of cases. Do not sign any paper work with any insurance company just yet. They will try to undercut you. They may offer to pay for your injuries but how about your lost time at work? How about the pain? How about the effect on your personal life? All this needs to be accounted for.
Call RMFW Law today!