Construction industry employees are at risk of suffering a wide range of injuries. Fortunately, workers’ compensation benefits are available to help you recover physically and remain stable financially if you get hurt on the job. Here are questions construction workers often ask about their rights to compensation under New York law.

Questions About Construction Injuries & Workers’ Compensation In New York

Can I claim workers’ compensation benefits for a construction injury?

Yes, if you were injured in the course of your employment. The New York State Construction Industry Fair Play Act changed the state’s workers' compensation law, so a construction worker is presumed to be an employee rather than an independent contractor. The change makes it easier for many workers to establish their claims. 

What benefits can I receive?  

Workers’ compensation pays cash benefits weekly if you cannot work for seven days or more after the accident date. Your medical care is covered regardless of how short or long your disability lasts.

How much is the weekly cash benefit?

The weekly cash benefit is two-thirds of your average weekly wage from the year before the injury multiplied by the percentage of your disability. As of 2020, if you earned $500 per week and are 100% disabled, the benefit is $333.34 per week. If you are 50% disabled, you would receive $166.66 per week. 

Is it possible to receive money other than under workers’ compensation?

Yes. New York laws allow workers injured in construction accidents to sue for damages separate from workers’ comp benefits. For example, under New York Labor Law § 240, the Scaffolding Law, property owners and contractors are held legally responsible for damages in lawsuits arising from accidents involving elevated construction work.

The law covers many types of injuries, including falls from scaffolds or ladders and being struck by debris falling at a construction site. Additionally, if you suffer a permanent and total disability, you may be eligible for Social Security disability benefits.    

If you are injured while working in the construction industry and need to file for workers’ compensation or Social Security disability benefits, contact Vincent J. Criscuolo & Associates. Based in Rochester NY, these experienced attorneys are dedicated to helping their clients obtain all the financial compensation the law allows. Learn about each lawyer’s background online and call (585) 232-3240 for a free consultation about your circumstances.