Construction Injuries and Workers' Compensation: Frequently Asked Questions

I got hurt at a construction site, can I sue my employer?

No.  In New York, you cannot sue your employer for negligence if you suffer a work injury.  Your only legal remedy is Workers’ Compensation.  You may, however, have a Personal Injury claim against a third-party who caused your injury under the Labor Law.  In construction claims, this may involve the owner of the property, the General Contractor, or another party.  Determining whether a third-party may be held liable for your injuries requires significant investigation and legal expertise.  

These claims are closely associated and an action in one claim may have a significant impact on the other. At MCV Law, we handle both Workers’ Compensation and Labor Law claims.  Our Workers’ Compensation team and our Personal Injury team work very closely to assure you receive the best result in both claims and that you fully understand the interplay of the Workers’ Compensation claim and the Labor Law claim.

I got hurt at a construction site, is my claim treated any differently?

No.  Your Workers’ Compensation claim is not treated any differently per se than injuries that occur in other workplaces.  However, if your injury on a construction site was caused by the negligence of a third-party, you may also have a Labor Law claim, in addition to your Workers’ Compensation claim. A Labor Law claim will have significant consequences on your Workers’ Compensation claim, so it is important to secure an attorney who understands both claims.

What if I contracted an illness on a construction site?

You should file a Workers’ Compensation claim for your illness.  This is known as an Occupational Disease claim.  Even if contracted at a construction site, your claim will be handled the same as other Occupational Disease claims.  Illnesses suffered by construction workers can include asbestosis and hearing loss.  You have two years from when you knew or should have known that your illness was work-related to file your claim.  These cases are often heavily litigated due to disputes among the medical community.  However, at MCV Law, we have handled thousands of Occupational Disease claims.    

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