The laws that control accident claims here in New York are confusing and complex – especially when it comes to injured workers. As a result, there are myths that develop about construction workers’ rights, as well as their legal options for compensation post-accident. If you are injured on the job, it is important that you consult with a construction accident attorney rather than give into these common myths – otherwise, you could be depriving yourself of compensation for medical costs and lost wages.
Myth: If you collect workers’ compensation benefits, you cannot file a lawsuit.
If you are injured on a construction site in New York, you may qualify for a workers’ compensation lawsuit, as well as a private personal injury lawsuit. You can obtain medical benefits and lost wages through your workers’ compensation claim – but these are reduced and rarely cover your true lost wages. You can, furthermore, seek compensation from the construction site owner, contractor, or agents based on any violations of New York Labor Laws that led to your injury. These claims can help you recover all medical expenses, lost income, and pain and suffering (something that workers’ compensation does not cover).
Myth: If you return to work, you will not be able to pursue an accident claim.
You can return to work after you have recovered from your injuries and you have been cleared by a medical professional – and it will not impact your ability to file a claim later. If you return to a lower paying job or one with potential for less salary, then you can seek to recover damages for your impairment of income, as well as additional pain and suffering and medical expenses.
Myth: If you are partially at-fault, you cannot file a lawsuit.
Your own negligence is not a valid defense if your employer or the site owner is responsible for violating New York Labor Laws. Generally, you will only need to show that your own negligence was not the sole cause of your injury – and if you can show a direct violation by the defendant, you will be able to win your claim in court.
It is important to note that New York is a pure comparative fault state. So, you could be partially at-fault and are not barred from recovering compensation. Instead, your compensation is simply reduced based on the percentage of fault for which you are responsible.
Were You Injured? Contact a NY Construction Site Accident Attorney to Explore Your Options
Do not give into the myths out there. Instead, explore your options and learn about your rights by speaking with a construction accident attorney from Schwartzapfel® Lawyers P.C. today. We offer free consultations and will work as your advocate to protect your rights and ensure that you receive compensation for your damages. Call us now to get started at 1-516-342-2200, or fill out our online contact form with your legal questions.
