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Compensation workers can receive after a construction accident

On Behalf of | Jan 31, 2022 | Construction Site Accidents

 

Many people in New York make their living as construction workers. There are many different types of jobs that people work within the construction industry and each can present various dangers to the workers. However, while all these dangers are present there are safety equipment and precautions that are available and need to be followed to mitigate these potential dangers.

Sometimes these safety rules and regulations are not followed properly though and construction accidents occur. The workers can suffer severe injuries in these accidents as well. The injuries may require significant medical treatment and force the worker to miss time at work. So, the injuries can affect the workers both physically and financially.

Workers’ compensation benefits

If the accident occurred while the worker was working, they may be able to receive compensation for the injuries they suffer. All workers are entitled to workers’ compensation benefits, which can pay for the medical bills and a portion of the lost wages, but that is the extent of the compensation workers’ compensation provides. However, workers also could receive additional compensation for pain and suffering and other damages through other means.

Labor Law 240

In New York there are a couple of statutes that allow workers to sue various third parties for the full compensation they deserve. One is Labor Law 240. This law allows a worker who falls from scaffolding to sue the party responsible for setting up the scaffolding correctly and ensuring that the workers have the proper equipment. If the party responsible did not provide the proper equipment or set up the proper safety devices the worker could obtain compensation from them for pain and suffering in addition to medical bills and lost income.

Labor Law 241

The other is Labor Law 241. This law sets out a number of safety rules that must be followed at construction sites. If they are not followed and workers are injured as a result, the workers could receive additional compensation from the owner or general contractor responsible for the project. Under this law if the safety requirements are not followed, the worker does not need to prove negligence either, this is a strict liability law. This means if there is a violation and an accident occurs, the owner or contractor is responsible.

Unfortunately, there are many construction accidents in New York each year and many workers are injured as a result. The injured workers may be entitled to not only workers’ compensation, but also additional compensation through labor laws 240 and 241. Experienced attorneys understand the options injured workers have and may be able to help them receive what they deserve.