When you get hurt at work, life doesn’t pause while you recover. Even if you’re out of work, you still have to buy groceries, pay your rent or mortgage, and cover other expenses, all while medical bills pile up. You’re probably wondering: Who will cover these medical expenses?
As New York construction accident lawyers who have stood beside countless injured workers, the team at Elliot Ifraimoff & Associates, PC, is here to help. When you’re injured and overwhelmed, you shouldn’t have to figure out how to cover medical bills.
While every case is different, there are some general guidelines regarding medical payments.
Review this guide from a construction injury lawyer in New York to understand the process of seeking compensation for injury-related expenses.
Workers’ Compensation Pays First
Construction work is dangerous. Data from the National Safety Council shows that more than 250,000 workers sustained injuries requiring medical treatment in 2023 alone. These injuries are also expensive, with the Workplace Safety and Insurance Board estimating that a jobsite injury costs about $35,000.
In most cases, your employer’s workers’ compensation insurance is the first source of medical coverage when you get hurt on the job. In New York, nearly all employers are required to carry workers’ compensation insurance. If you’re injured while doing your job, even if the accident was partially your fault, that policy should pay your medical bills first.
Some of the medical expenses workers’ compensation may cover are as follows:
- Hospital visits and stays
- Follow-up visits
- Diagnostic tests
- Surgery
- Treatment, including medication, medical equipment, and physical therapy
- Mental health treatment
There’s a catch, though: Workers’ compensation may not cover everything. It typically pays for reasonable and necessary medical treatment, some of your lost wages (up to a predetermined amount), and long-term disability if your injuries are permanent.
Workers’ compensation doesn’t pay you for your pain and suffering or total loss of wages. Neither does it provide compensation for any third-party negligence that may have led to your injuries. This means things can get complicated if you have a severe injury that puts you out of work for a long time. A New York construction accident lawyer can help determine whether you may pursue additional compensation to cover your expenses.
What if Someone Other Than Your Employer Is To Blame?
The complexity of a typical construction site necessitates that everyone adhere to safety standards. Otherwise, there’s potential for accidents and severe injuries.
If your injuries are due to someone else’s negligence — for example, neglected crane maintenance causes a malfunction that leads to an injury — you may be able to file a personal injury lawsuit with a crane accident attorney in NY.
In this case, you’ll need a construction injury lawyer in Queens, NY, to evaluate your case and determine whether third-party negligence contributed to your injuries. If this is the case, you may be able to recover damages for:
- Medical expenses not covered by workers’ compensation
- Lost wages, current and future
- Dolor y sufrimiento
- Pérdida del disfrute de la vida
- Other damages not covered by workers’ comp
A NYC job site injury attorney will review your case, identify who’s responsible, and determine whether you can seek compensation.
OSHA Violations Can Strengthen Your Case
Under New York law, injured workers generally cannot sue their employers when reporting an accident. There are exceptions, however, and OSHA (Occupational Safety and Health Administration) violations are foremost among them.
OSHA violations indicate negligence, and the responsible party, including your employer, can be held liable for your injuries and expenses. Working with an OSHA violation lawyer in New York can help prove that your accident resulted from negligence, rendering you eligible for compensation.
What About “Gravity-Related” Accidents?
Construction work in New York often involves scaffolding, which is inherently dangerous; according to the New York Committee for Occupational Safety and Health, falls from scaffolding account for 64% of construction fatalities in the city.
New York’s Labor Law 240, also known as the “Scaffold Law,” holds property owners and general contractors strictly liable for failing to provide proper safety devices like harnesses, guardrails, or scaffolding. You don’t have to prove negligence to receive compensation for your injuries, just that the accident happened and safety equipment was lacking.
Working with a construction fall attorney in New York can help determine whether you have a case under this rule.
Talk to a New York Construction Accident Lawyer About Medical Expense Reimbursement After a Worksite Injury
Getting hurt at work can throw your life into chaos. But you don’t have to go it alone. As an experienced personal injury firm in New York, Elliot Ifraimoff & Associates, PC, has helped clients recover from injuries with spirited representation backed by decades of experience.
Whether you’re dealing with a scaffolding fall, a crane malfunction, or an OSHA violation, there are legal pathways to help you cover your medical bills. Don’t wait until bills pile up to get legal assistance. Call a construction injury lawyer in Queens, NY, at (718) 205-1010 to review your case and for construction accident legal guidance.
Preguntas frecuentes
How Much Time Do I Have To File a Lawsuit for a Construction Accident in New York?
You and your NY building site injury lawyer must file suit within three years from the date of the incident. However, if a government agency is involved (such as in a public works project), you only have 90 days to file a notice of claim.
Can My Personal Injury Attorney in NY Sue Someone Other Than My Employer After a Construction Site Injury?
Although workers’ compensation prevents you from suing your direct employer in most cases, you may be able to hold third parties accountable. A construction accident lawyer in Queens, NY, can investigate your case, identify the responsible parties, and help you seek fair compensation.
What If My Accident Was the Result of an OSHA Safety Rule Violation?
OSHA violations could significantly strengthen your case. If you can prove that unsafe working conditions caused your injuries, you can file a lawsuit with help from a New York construction accident lawyer and seek additional compensation.