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Workers’ Compensation Claims Involving Construction Accidents


Construction workers’ accidents are a common occurrence across the country, even with the multitude of safety procedures and rules in place. The Occupational Safety and Health Administration (OSHA) does all it can to protect the well-being and health of workers at construction sites, but accidents happen. Construction accidents can lead to workers’ compensation claims, so here is a brief overview.

An attorney will be able to determine the extent of the liability on your employer in a construction accident, but remember that other parties can also be held accountable. For example, other entities that could be held accountable include property owners, third-party contractors, equipment manufacturers and others.

An injured construction worker is entitled to any of the following under workers’ compensation laws:

  •  Temporary disability
  • Medical care
  • Vocational rehabilitation
  • Permanent disability

Vocational rehabilitation is an important part of workers’ compensation benefits, especially when the construction worker was injured so badly that he or she cannot return to the same job. A partial income is sent to the worker while he or she tries to learn a new job. There is typically a limit as to the amount of income distributed and is then replaced with an offer of employment in a different job, usually by the same employer.

Under workers’ compensation benefits, the injured construction worker is entitled to receive the necessary treatment to relieve symptoms or heal an injury. The injured worker can use the company’s doctor up to a total of 30 days. He or she can then request a different doctor, which might have to be submitted in writing.

The two different types of disability an injured worker can receive are temporary and permanent. Temporary benefits cover a worker who only has to miss a short time away from his or her job. Permanent benefits cover a worker who cannot return to his or her job for the rest of his or her life.

Have you been injured in a construction worker accident? An experienced personal injury attorney can provide advice and guidance as you discuss your case for workers’ compensation in New York, New York.

Source: FindLaw, “Construction Accidents and Workers' Compensation,” accessed May 11, 2017