Construction site accidents are very common and prevalent despite the growing awareness of safety amongst workers and employers. However, in states like New York, regulations make it mandatory for employers to ensure that their worker’s have compensation insurance. That means that workers are covered if they are injured on the job. But the insurance serves dual purposes, the first being to protect employers from being bankrupted by a claim, and the second being that employees receive the benefits they need right away after the accident. So, they don’t have to go through the rigors of a trial which is often made worse by a slow court system.
States which enforce a mandatory workers’ insurance policy do have caps on the amount that can be claimed in damages. In New York, for instance, a special formula is used to calculate the benefits an employee will receive. The formula starts with taking two-thirds of the weekly wage and multiplying that by the percentage at which the person is disabled. So, for instance, a person making $500 a week may be entitled to an amount upwards of $166 a week.
Also, note that states like New York, establish fresh limits each July 1st, to ensure maximum benefits that an injured construction worker may get. The max is currently somewhere around $900.
Many employees may assume that workers’ compensation is the only thing that an injured employee needs. But the workers’ compensation benefits will also cover employer and coworker negligence. Though does not cover third-party negligence, so, if the injury was because a third party, your compensation may not be capped the way we stated above.
Third parties on a construction site can include general contractors, the site’s owner, subcontractors for smaller jobs, equipment operators, etc. all of whom may not be working for your company directly so are third parties which could be responsible for the construction site accident.
Anytime a third party is involved you’ll want to hire an attorney to represent your interests.
Who can apply for compensation?
What to do and how to get paid?
Construction sites employ dozens if not hundreds of workers who are required to work in an often dangerous environment. They need to observe all safety regulations. Though despite all the safety training and equipment accidents are a common occurrence. The reason in most cases is the negligence of several people. However, as an injured construction worker you’ll need to take the following steps:
- Inform your supervisor or boss of the accident. Both a verbal or written notice is sufficient.
- File a formal claim with your employer within 21 days of the accident. Most states require this for your claim to be considered.
- Hire an attorney if you are unable to cope with the often-lengthy formalities. The attorney should be able to process all the required paperwork and ensure that your case is clearly stated.
When to apply for compensation? |
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| You will want to apply for compensation as soon as possible but before 21 days |
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| If you experience symptoms associated with after the accident, then apply right away after consulting a physician |
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| In the event, you have a permanent or temporary disability in the injured region |
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What is important to know?
Construction site accidents are relatively common, and yet many of them can be adversely life changing. You may one day be forced to deal with the pain associated with a severe injury on site. However, at the same time, you’re expected the juggle the paperwork associated with filing a claim with the employer within just 21 days. While people with minor injuries will be able to handle it, those with more serious physical injuries can’t.
Many construction site accidents occur because someone decided to act carelessly, or be negligent of their responsibilities. But construction site accidents can also be caused by:
- A failure to provide the right safety equipment for those on site
- Negligent co-workers or those who are not appropriately experienced to be on the site
- Low quality or non-existent work equipment
- Faulty equipment
- Failure to post the right signs which indicate the state in which the area may be like ‘wet,’ ‘broken,’ ‘hazard’ etc.
Construction site accidents may include a myriad of complications like the various parties involved. Not to mention the fact that the accident may or may not have witnesses. Some witnesses may recant their testimony for many reasons including pressure by the negligent party.
It is strongly advised that people injured on a construction site always seek help from an attorney with workers’ compensation experience. The attorney will not only help with the paperwork but in some serious cases even the investigation. So, you can expect to receive the maximum compensation intended for a person in your predicament.
