Getting hurt on a construction site can turn your life upside down. Medical bills pile up. You miss work. Your family worries about money.
Mark, a carpenter from Nassau County, fell from scaffolding last year. He broke three ribs and injured his back. At first, he thought workers’ comp would cover everything. But Mark learned he had other legal options too. His case qualified for additional compensation under New York’s strict labor laws.
If you’re injured on a construction site in New York, you may have more legal rights than you think. Let’s break down how to tell if your injury qualifies for compensation.
Two Main Paths for Construction Injury Compensation
In New York, construction workers have two potential ways to get compensation:
Workers’ Compensation
This is automatic coverage for most job injuries. You don’t need to prove anyone was at fault.
Personal Injury Lawsuit
This requires proving negligence or safety violations. But it can provide much more money.
Many workers can pursue both options at the same time.
Understanding Workers’ Compensation Coverage
Workers’ comp covers most construction injuries that happen on the job. Here’s what you need to know:
You Automatically Qualify If:
- You were injured while working
- The injury happened during work hours
- You were performing job duties
Workers’ Comp Covers:
- Medical expenses
- Part of your lost wages (usually 2/3 of your average pay)
- Disability benefits
- Rehabilitation costs
No Fault Needed: You don’t have to prove your employer did anything wrong.
When You Can File a Personal Injury Lawsuit
Personal injury claims can pay much more than workers’ comp. You might qualify if:
Third-Party Negligence
- Another contractor caused unsafe conditions
- Equipment manufacturer made faulty tools
- Property owner failed to maintain safe premises
New York Labor Law Violations
New York has some of the strongest worker protection laws in the country.
Labor Law 240 (Scaffold Law)
This law protects workers from gravity-related injuries:
- Falls from ladders, scaffolds, or roofs
- Being hit by falling objects
- Injuries from defective safety equipment
Key Point: Even if you made a mistake, you can still win if proper safety measures weren’t in place.
Labor Law 241(6)
This requires following specific safety rules during construction work:
- Proper machine guarding
- Safe trench protection
- Adequate protective equipment
- Good lighting and walkways
Labor Law 200
This covers general workplace safety:
- Unsafe equipment
- Poor site conditions
- Inadequate supervision
Types of Damages You Can Recover
The compensation differs greatly between workers’ comp and personal injury lawsuits:
Construction Injury Compensation Comparison
Workers’ Compensation vs. Personal Injury Lawsuit Coverage
| Damage Type | Workers’ Comp | Personal Injury Lawsuit |
|---|---|---|
| Medical Bills | Full Coverage | Full Coverage |
| Lost Wages | Partial (2/3 of pay) | Full wages (past & future) |
| Pain and Suffering | Not Covered | Fully Covered |
| Emotional Distress | Not Covered | Fully Covered |
| Disability Compensation | Limited Benefits | Full Compensation |
Severe “Grave Injuries” Get Special Protection
New York law gives extra protection for serious injuries:
- Loss of limb or amputation
- Paralysis or spinal cord damage
- Severe brain injuries
- Blindness or deafness
- Multiple fractures
- Death
These injuries often qualify for the highest compensation amounts.
Red Flags That Indicate You Have a Strong Case
Contact a lawyer immediately if:
✓ You fell from any height
✓ Objects fell and hit you ✓ You weren’t given proper safety equipment ✓ Machinery or tools malfunctioned ✓ You were electrocuted ✓ A trench collapsed ✓ Safety rules were clearly ignored ✓ Multiple parties were involved in the accident
Steps to Take After a Construction Injury
Immediate Actions
- Get medical care – Your health comes first
- Report the injury to your supervisor right away
- Document everything – Take photos if possible
- Get witness information from coworkers who saw what happened
Follow-Up Actions
- File workers’ comp claim within 30 days
- Keep all medical records and bills
- Don’t sign anything from insurance companies
- Contact a construction injury lawyer to review your case
Why You Need an Experienced Construction Injury Attorney
Construction injury cases are complex. New York labor laws are detailed and technical. Insurance companies have teams of lawyers working against you.
The Fastman Law Group has helped many construction workers in Nassau and Suffolk Counties get the compensation they deserve. We know exactly how to handle these cases.
Our experienced attorneys will:
- Investigate your accident thoroughly
- Determine all possible sources of compensation
- Handle negotiations with insurance companies
- Take your case to trial if needed
- Work on a contingency fee basis (no upfront costs)
Common Construction Accidents in New York
These types of accidents often qualify for significant compensation:
Fall Accidents
- Scaffold collapses
- Ladder falls
- Roof and building edge falls
- Unprotected openings
Struck-By Accidents
- Falling tools or materials
- Moving vehicles or equipment
- Swinging objects
Caught-In/Between Accidents
- Trench collapses
- Equipment rollovers
- Crushing between objects
Electrocution
- Power line contact
- Faulty wiring
- Electrical equipment failures
Resources for Construction Workers
For more information about workplace safety, visit:
Don’t Wait – Time Limits Apply
New York has strict deadlines for filing claims:
- Workers’ Comp: 30 days to report, 2 years to file
- Personal Injury Lawsuit: Generally 3 years from accident date
- Labor Law Claims: 3 years from accident date
Missing these deadlines can cost you thousands of dollars in compensation.
Get Help from The Fastman Law Group
Construction injuries can devastate your finances and future. But New York’s worker protection laws are designed to help you recover fully.
Don’t let insurance companies take advantage of you. Get experienced legal help to understand all your options.
Call (516) 437-7300 today for a free consultation. Or contact us online to get started.
Remember: You may be entitled to much more compensation than workers’ comp alone provides. Let us review your case and fight for the maximum recovery you deserve.
