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New York Construction Workers at Risk
All workers should be aware of their rights to these important benefits and all of the potential sources of recovery for their injuries.
June 07, 2009 /Human Resources PR News/ -- New York Construction Workers at Risk
Article provided by The Klein Law Group, P.C., please visit us at http://www.thekleinlawgroup.com
Cutting Corners at the Worker's Expense
In hard economic times, there will always be those who try to profit off of the misfortunes of others. This is no less true in New York, where the influx of federal stimulus dollars has encouraged some bad actors to try to get a piece of the pie.
The emphasis on construction and other projects meant to create new jobs and jump-start the economy also has led to an increase in fly-by-night construction companies who take advantage of hard-working people in need of jobs. Although New York law requires employers to provide workers' compensation insurance for their employers and comply with both federal and state workplace safety regulations, not all employers are meeting their legal obligations. As a result, workers are getting hurt and are left with limited options for recovery for their medical bills and lost time from work.
In some instances, these unscrupulous employers may approach injured workers and offer them a settlement in exchange for the worker's agreement not to seek legal action against the employer or contact an attorney. Injured workers should NEVER accept a settlement from an employer without first speaking with a lawyer. An on-the-job injury can leave a worker permanently disabled, disfigured or unable to work for long periods of time. The employer's settlement may not even come close to offering the compensation owed to the worker.
Workers may not be able to identify employers who cut corners on workplace safety and do not carry workers' comp insurance. But all workers should be aware of their rights to these important benefits and all of the potential sources of recovery for their injuries. Below is a brief overview of New York's laws.
Workers' Compensation Law in New York
New York law requires employers to carry workers' compensation insurance for their employees. Workers' compensation provides benefits to cover medical expenses and lost wages of workers who are injured or become sick while at work. It also provides death benefits to family members of workers who die from a work-related injury or illness. Workers are entitled to workers' comp benefits regardless if they are partially or wholly at-fault for the injury. In exchange for providing workers' compensation, employers are given protection against employee lawsuits stemming from a workplace injury.
New York's Scaffold Law
New York Labor Law §240, otherwise known as New York's Scaffold Law, requires all general contractors and building owners to provide safe equipment for employee use for work at elevated heights. If they fail to provide safe equipment in proper working order and a worker is injured, the worker may sue either or both parties. In this way, the Scaffold Law protects workers against building owners and general contractors when injured on scaffolds, ladders or construction sites. In some instances, the plaintiff can get a recovery of his total damages regardless of his negligence.
Filing a Personal Injury Claim
Workers' compensation provides limited benefits to injured workers. Personal injury lawsuits, on the other hand, provide workers with an opportunity to collect damages for all of their losses, including pain and suffering. Generally, injured workers who file a claim and accept workers' compensation benefits are precluded from filing a personal injury lawsuit against their employer. However, this is not always the case. There are certain situations that allow workers to also file a personal injury lawsuit for their on-the-job injuries.
If a third party is responsible for the injuries, the worker can file a lawsuit against it. The third party may have acted intentionally or negligently in causing the worker's injury. Potentially liable third parties include equipment manufacturers, distributors and sellers, property owners, architects and sub-contractors.
In some cases, if the worker collected workers' comp benefits and then was awarded compensation in a personal injury suit, the worker may have to pay back some of the workers' comp benefits. An attorney can review the worker's specific case and determine if this is the case.
Conclusion
It is important for construction workers in New York to be aware of their rights not only to workers' comp benefits, but also to file a personal injury lawsuit to recover compensation for their on-the-job injuries. Workers need to be particularly wary of small employers new to the area or those who have a history of cutting corners on worker safety. An attorney experienced in workers' comp and personal injury claims can help hold these employers responsible for their bad acts.
Article provided by The Klein Law Group, P.C., please visit us at http://www.thekleinlawgroup.com
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