Your Rights After a Construction Work Accident in New York

When construction workers are injured on the job, the discomfort they feel often goes far beyond the pain of being injured. Concerns about employer retaliation may prevent them from asking important questions about their accident. They may also be understandably worried about how the accident may impact their standing with their company, leaving them uncertain about what they should do.  Some injured workers are scared about their immigration status, adding to their anxiety about seeking legal advice.

The attorneys at Block O’Toole & Murphy are well-versed in New York Labor Law and understand the nuances of construction site accidents. Here’s what you need to know about your rights following a construction-related work accident.

Need to Know:

• You have the right to immediate medical attention and should not be forced to leave the work site to receive medical help.
• Hiring an experienced workers’ compensation attorney early can help you secure your workers’ compensation benefits.
• If your accident was caused by negligence then you may have grounds for a third-party lawsuit.

In This Article:

• Right to Immediate Medical Assistance
• Right to Report and Document Your Injury
• Your Workers’ Compensation Rights
• Right to Work Accommodations Following Disability
• Can I File a Lawsuit After a Construction Accident?

Right to Immediate Medical Assistance

If you are injured on a construction site, you have a right to immediate medical assistance. You don’t have to leave the site to seek out the medical attention you need: you, or another person on the site, should be able to call emergency medical services to the site immediately.

While this may sound obvious, construction workers are often advised by supervisors or general contractors to go home and attempt to tough their injury out. They may even be told to go to a hospital in a different neighborhood and hide the circumstances of how they were injured.

You have a right to be honest about how you were injured, regardless of how your employer may feel about it. Being straightforward about your injury is critical when it comes to receiving the medical attention you need.

Right to Report and Document Your Injury

You have a right to report your injury claim to authorities on the site, which may include your foreman, your supervisor, a general contractor, or an on-site safety company. You also have the right to take the time you need to adequately document your injury. That might mean gathering materials you need to make your case, taking photographs of the accident scene, and taking other steps to preserve evidence. 

Additionally, you have the right to make a complaint about your accident to OSHA (the Occupational Safety and Health Administration). Because OSHA’s resources are limited, the agency typically reserves on-site investigations for serious accidents. However, even if your complaint doesn’t result in an on-site investigation, it can still be beneficial:

• OSHA will still contact your employer. Your employer then has five days to respond with details of how they have (or plan to) correct the hazard.
• Your complaint creates an official record of the incident. This can be crucial if the hazard goes unresolved and another accident occurs. Your complaint will serve as proof that your employer had notice of the unsafe conditions.
• It may lead to an inspection in the future. Your complaint will remain on file, and if more complaints are filed about your workplace, it could lead to an on-site visit.

Your Workers’ Compensation Rights

Under New York State law, an injured worker has the right to bring a workers’ compensation claim. This claim, once accepted by the Workers’ Compensation Board of the State of New York, provides compensation for lost wages. Workers’ compensation will also pay for reasonably necessary medical expenses related to your injury, from the ambulance that takes you to the hospital to diagnostic tests and medications.

How Does Workers’ Compensation Work?

Workers’ compensation works on a no-fault basis. This means that it doesn’t matter whether your accident was caused by another person’s actions, your own actions, or some combination of the two: you are still entitled to workers’ compensation benefits.

You have a right to bring a workers’ compensation claim whether you are documented or undocumented, regardless of whether you belong to a union, and regardless of what type of accident you were involved in.

You’ll need to act quickly, however, to receive these benefits. In New York State, you have 30 days to notify your employer of an injury in order to receive workers’ compensation, and two years from the date of your injury to file a formal Workers’ Compensation Claim with the New York State Workers’ Compensation board.

What Should I Know About Vocational Rehab?

Vocational rehabilitation is a service offered by the Workers’ Compensation Board that helps injured workers become employed again, whether with their previous employer or in a new role at another company. If your medical provider finds that you are not totally disabled, it is likely that you will need to undergo vocational rehab.

In many cases, avoiding vocational rehab can cause your benefits to be suspended. Unfortunately, particularly in cases where an injured worker does not speak English, vocational rehab can feel more like a burden than a resource, and adds another source of stress at a time when support is most needed.

If you are struggling to complete your vocational rehab, consult closely with your attorney to determine what is most advisable in your case. That might mean taking classes offered by the vocational rehabilitation center, getting help to create a resume, or otherwise indicating a good-faith effort to find new employment.

Do I Need a Workers’ Compensation Attorney?

Although, legally speaking, you can go through the workers’ compensation process without an attorney, it is highly advisable to seek one out as soon as possible in order to protect your rights. Attorneys can help with this process in multiple ways:

• Properly filling out and filing forms. There are official forms that need to be filed with the workers’ compensation carrier, as well as with the State of New York, in order to receive workers’ compensation benefits. Having an attorney file these forms helps to ensure that you don’t run into any problems.
• Handling disputes. If there is any dispute about what you are entitled to — whether you require certain treatments, for example — that dispute will be taken to the Workers’ Compensation Board. The Workers’ Compensation Board functions much the way a judge does during a trial process, with an attorney representing your insurance carrier. You will need to have your own attorney to help you litigate the issue through documents, doctor testimony, and other evidence.
• Continuing benefits for serious injuries. Even if your workers’ compensation case appears to be going smoothly and delivering the results it should, many people find that workers’ compensation tends to only be reliable for a month or two. If you have injuries that prevent you from working beyond that point, it’s likely that the workers’ compensation carrier will start to push back, objecting to medical bills or attempting to decrease or cut off your wage checks.

Workers’ compensation insurance carriers have teams of lawyers who will work against you in order to limit your benefits. Having an experienced legal team of your own in place before this process starts is the best way to receive the help you need for as long as you need it.

Right to Work Accommodations Following Disability

Under New York and federal law, all employers have a duty to reasonably accommodate workers who become disabled. This right applies not only to physical injuries, but to physical sickness, psychological conditions, and other conditions that might disable a person from work. Once employers become aware of a disability or a need for accommodation, that awareness triggers their duty to reasonably accommodate.

It’s important to recognize, however, that “reasonable” accommodation varies depending on the nature of the work. There may also be jobs for which no reasonable accommodation can be made, such as highly strenuous roles that involve heavy lifting. Consulting with an attorney experienced in handling construction accident cases can help you to get an idea of what reasonable accommodations may be made in your case.

Can I File a Lawsuit After a Construction Site Accident in New York?

New York State’s system of workers’ compensation means that you cannot sue your employer in a construction accident. However, not being able to sue your employer does not mean that you cannot sue anyone. You have the right to file a lawsuit against a third party — such as a construction site owner, a contracting company, or any entity other than your employer — whose negligence, or lack of care, may have caused your accident.

The default statute of limitations for filing a lawsuit in New York State is three years. However, if you are suing a municipality — such as an entity associated with the City of New York or the State of New York itself — you will have 90 days to file a Notice of Claim, and one year and 90 days from the date of your accident to file a lawsuit. (One exception to this timeline is wrongful death: you may file a wrongful death lawsuit up to two years from the date of your loved one’s accident.) Failure to file a Notice of Claim on time could cause your cause to be dismissed.

For these reasons and more, if you suspect that you may have a lawsuit against a third party, you should seek out the advice of an experienced attorney as soon as possible.

If you or a loved one has been injured in a construction accident, the attorneys at Block O’Toole & Murphy are ready to help make you whole. We serve all five boroughs of New York City and the entire State of New York. Receive your free legal consultation by calling 212-736-5300, or by filling out our online contact form.