Legal Protections for Injured Workers in Trades Related to Construction
New York’s Labor Law offers strong protections for workers employed in trades related to construction. If you suffer an on-the-job injury in New York City, you are likely eligible for workers’ compensation. In addition, you may be able to hold the property owner, manager, or contractor accountable by filing a civil lawsuit against them.
The workplace injury attorneys from Oresky & Associates, pllc can help you understand if you have a valid civil case after an injury in a construction-related trade. We will examine all aspects of your case, identify the liable parties, and help you file your claim. Call us today at 718-993-9999 for your complimentary case evaluation.
Workers Protected Under New York’s Labor Law
Many workers who perform jobs related to construction qualify for the legal protections outlined in the New York Labor Law. These workers often face a dangerous work environment and even taking every precaution possible and following all safety protocols, still are exposed to a substantial risk of injury.
Some workers who fall under this section of New York’s Labor Law include:
- Commercial painters
- Window washers
- Demolition crews
- Repair crews
- Cleaning crews
- Iron Workers
- Asbestos Handlers
For example, commercial painters frequently need to climb ladders and work on scaffolding. It is the property owner’s and contractor’s responsibility to ensure workers have steady ladders well-suited to their purpose. A broken ladder could collapse beneath them and cause them to fall.
If this happened, the painter could be entitled to both a workers’ compensation claim and an action against the property owner and general contractor under the Labor Law.
Damages Available After a New York City Workplace Injury Accident
Workers’ compensation pays out very specific benefits to help you get the medical treatment you need and to help you make ends meet until you can return to work. If you suffer an injury while working in a construction-related trade, you will likely qualify to draw workers’ compensation to cover:
- Medical care for your injuries
- Cash benefits to cover a portion of your lost wages
- Funeral benefits, if your loved one died from construction-related injuries
Injuries suffered in these trades are often severe and may be life-changing. Spinal cord, head, and traumatic brain injuries are all relatively common. When you suffer a significant injury, workers’ compensation is often not enough. Luckily, New York’s Labor Law allows people injured in construction-related work accidents to file a civil suit against the property owner or contractor.
If we can prove the property manager or a contractor caused or contributed to your injuries by failing to provide adequate or proper fall protection and other safety gear, you may be eligible for damages that include:
- Medical care and related costs not covered by workers’ compensation
- Lost wages not covered by workers compensation
- Diminished earning capacity
- Out-of-pocket expenses
- Pain and suffering damages
- Lost Union Benefits
All Property Owners Must Keep Protected Workers Safe
New York’s Labor Laws require property owners, management companies, and contractors to provide adequate training, proper and well-maintained equipment, and the required safety gear for the job at hand. In addition, they must provide adequate oversight while workers complete the tasks assigned. Failure to do so could lead to a civil suit and liability if the worker suffers on-the-job injuries.
For example, imagine you are a window washer cleaning exterior window panes on the third floor when your scaffolding collapses. While you can draw workers’ compensation benefits, you can likely also hold the building owner liable for your injuries in civil court if he or she failed to provide you with proper and well-maintained scaffolding as well as the required fall protection equipment.
If you believe you have a case against the property owner, a contractor, or another third party who contributed to or failed to prevent your accident and injuries, give us a call. After your complimentary case evaluation, we can:
- Fully investigate your accident and injuries
- Identify all possible liable parties
- Build a strong case that will allow us to fight for full compensation
- Calculate a fair settlement value for your case
- File an insurance claim or civil lawsuit against the liable party or parties
- Represent your best interests to the insurance company or in court
- Fight to help you get the payout you deserve
Talk to a Workplace Accident Injury Attorney in NYC Today
At Oresky & Associates, pllc, our personal injury lawyers will review your case for free and help you understand your rights under New York’s stringent Labor Laws. If you got hurt while working in a construction-related trade, you may be able to hold the property owner or others accountable for your injuries. We can help you build a strong case for compensation above and beyond what you receive from workers’ compensation.
Our goal is to make it easier on you to try to recover the compensation you need. This includes:
- Meeting with you at the hospital or your home, if necessary
- Bilingual staff, Spanish, and other interpreters available, to ensure you fully understand your options and you get the answers to all your questions in a language you are comfortable with
- Serving all areas of NYC, including Manhattan, the Bronx, Queens, and Brooklyn
- We offer a one-stop office where we can investigate your case and help you with your workers’ compensation claim