Injured Workers Have Legal Rights

By Evan M. Goldberg

New York State Law provides special protection and accountability to workers who are injured on jobs involving construction, painting, roofing, renovating, demolition, cleaning, excavating, and related procedures.  These laws protect all workers, regardless of their immigration or residency status.  Since undocumented workers are often victimized by unsafe work sites, there are many cases in court involving serious injuries of such workers, and the devastating effects that life-long impairments have on their families.  Citizens, residents, those on a visa, or those in the country without legal permission are all entitled to have their grievances heard in court.

If you have been injured by a fall, a falling object, hazardous substances, dangerous equipment or machinery, or even by a co-worker, it is very important to immediately contact an attorney.

Workers compensation provides payment of medical bills and lost earnings, but that is usually only a small portion of what has been lost.  Pain and suffering, no matter how severe and permanent, are not compensated by workers compensation.

Although an injured worker who is receiving workers compensation from his employer cannot sue his employer for pain and suffering, there is often another party that can be sued, such as the owner, general contractor, architect, equipment seller or supplier, or any other responsible party.  Even if those parties played no role in the accident itself, they can still be responsible under the law.  All participants in a construction project have responsibility to ensure a safe work site, and to prioritize worker safety over profit.

Workers can often sue even if it seems that the accident was their own fault. People are human and make mistakes.  That’s what laws providing for safe equipment and practices are all about.

Bringing a lawsuit against a party other than your employer does not affect your right to receive money from workers compensation during the lawsuit.

There are very strict timelines to bring a lawsuit, so when an accident occurs, you should consult an attorney as soon as possible.  Aside from not being able to sue after the deadline has passed, early contact with an attorney makes the chance of success more likely for a number of legal and practical reasons.

The construction companies, their lawyers, their insurance companies and their investigators often get to work as soon as the accident happens, so that they can be in a better position to defend against a lawsuit.

Injured workers should waste no time, and hire experienced, knowledgeable, dedicated attorneys to protect their rights.

Soon after an accident workers are often confronted and pressured by their employers or insurance investigators, to provide a detailed statement.  Promises to pay medical bills and assurances of continued work should not fool a seriously injured worker into signing away his rights.   There is no obligation to answer anyone’s questions.

Injured workers should not speak with anyone about the accident or their injuries, or fill out any forms, or sign anything, until first consulting with a lawyer.  This is also true for any accident, including car accidents, property accidents, product accidents, sidewalk accidents and medical malpractice.

Free consultations, with no obligation of payment, and visits to the home or hospital are available.  There is no downside to asking a lawyer for advice or whether you have a case, whether it is for a work accident or any accident.