Construction workers face countless hazards every day as part of their jobs. It鈥檚 not uncommon for accidents to occur on construction sites leading to serious injuries or even fatality. Unfortunately, there are many misconceptions regarding construction site accident lawsuits 鈥� and when workers believe these myths, they may lose out on the compensation to which they鈥檙e rightfully entitled.
Here are some common myths regarding construction site accidents:
Myth #1: Workers鈥� Compensation is Your Only Recourse
Workers鈥� Compensation provides monetary benefits to construction workers who have been injured on a job site. While it is the first avenue of recovery, it is usually not the only one. Although you can鈥檛 sue your employer due to New York鈥檚 Workers鈥� Compensation laws, you can still pursue a personal injury lawsuit against a third party 鈥� such as a contractor, subcontractor, property owner, architect, or other 鈥� for negligence.
Myth #2: If You Are Partly to Blame for the Accident, You Can鈥檛 File a Lawsuit
This is incorrect. Under New York鈥檚 comparative negligence law, an injured construction worker may be entitled to recover monetary compensation in a personal injury action even if they share blame for the accident 鈥� as long as they are 99% or less at fault. Any monetary recovery to which they are entitled would be reduced by their percentage of fault.
Myth #3: You Can鈥檛 Sue if You Return to Work
After a construction accident, it鈥檚 crucial to take the time you need off work to allow your injuries to heal. However, you may be able to return to work once your doctor has determined you鈥檝e reached 鈥渕aximum medical improvement.鈥� But it鈥檚 essential to keep in mind that the defendant will attempt to use any activities you perform while you are injured against you in a personal injury action. Medical documentation is critical to establish your injuries.
Myth #4: You Shouldn鈥檛 Report an Accident to Your Employer if You Didn鈥檛 Follow the Rules
In order to obtain Workers鈥� Compensation benefits, an accident that resulted in injuries must be reported to an employer within 30 days. Significantly, Workers鈥� Compensation is a no-fault system. This means that even if you failed to follow safety protocol, you can still obtain monetary recovery for your lost wages, medical bills, and other compensable expenses. In addition, your employer is legally prohibited from taking adverse employment action against you for reporting the accident.
Myth #5: It鈥檚 Not Necessary to Have a Lawyer for a Construction Accident Lawsuit
Having the representation of an experienced personal injury attorney is vital in a construction accident case. These types of cases require specific knowledge regarding New York Labor Law and construction industry regulations. A skilled attorney can protect your legal rights and help you navigate the complexities of the legal process to ensure you maximize your compensation.
Contact an Experienced New York Personal Injury Attorney
If you sustained injuries on a construction site, it鈥檚 important to have a personal injury attorney on your side to recover the compensation you deserve. The 黑料网 Firm, P.C. has been fighting for the rights of injured construction workers for more than thirty years and has a long-standing reputation for obtaining positive results in clients鈥� cases.
The 黑料网 Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.