5 things all construction workers should know about injury claims

Working in construction is a dangerous career path. Construction professionals often have to do their jobs at a significant elevation or below grade. They have to work with heavy machinery or dangerous tools that cause vibration-related injuries. They are at risk of overexertion and a host of different traumatic injuries.

When construction professionals sustain injuries on the job, they may need to request compensation afterward. Those evaluating their options generally need to know the five important facts below.

Owners and businesses are liable for gravity-related incidents

New York has some of the strongest protections for construction professionals. Labor Law 240, also known as the scaffold law, makes a property owner or the construction company that they hire liable for any gravity-related incidents at a job site. Workers may be able to pursue litigation against the property owner or the agent they employed after a gravity-related incident leads to injury.

Defective products can lead to business liability

Some construction site injuries occur because of issues with defective tools or machinery. In such cases, the company that manufactured the product may be liable. In scenarios involving rental equipment, the business maintaining and renting out that equipment might be liable.

Workers’ compensation claims can be complex

Many construction professionals are eligible for workers’ compensation benefits if they are direct-hire employees. Some professionals take for granted that they can navigate the system on their own behalf. Unfortunately, workers’ compensation is relatively complicated. Construction professionals who need to optimize their benefits and maximize what they recover may need help handling paperwork and exploring their options.

Co-workers typically aren’t liable for mistakes

It only takes a second for another professional to make a mistake that produces injury on the job site. Timing errors, negligence and other small mistakes can result in one construction professional causing an incident where people get hurt. Workers’ compensation usually covers such incidents, meaning that direct claims against co-workers aren’t necessary to recoup injury losses.

Fault doesn’t impact workers compensation

Professionals can make mistakes that result in injuries. When that happens, they may mistakenly believe that they do not have the right to seek compensation. Thankfully, workers’ compensation coverage usually applies regardless of who was at fault for an incident. Construction professionals who make mistakes on the job can still potentially seek medical and disability benefits until they recover.

Discussing what led to a construction injury with a skilled legal professional can help a professional minimize their risk of financial losses and hold the right party accountable. Employers, state benefits and third parties can potentially defray the economic harm caused by an incident at a construction site with the right approach.