Construction work is dangerous, particularly in and around New York City. Although state and federal laws require a safe construction site, people are seriously injured in construction accidents in New York every day.
Many construction workers who are hurt on the job can obtain workers’ compensation benefits, so long as they were injured in the course and scope of their employment by an anticipated and foreseeable risk of that employment. Problems arise when the injuries are serious, and the injured worker can’t work for an extended time. Any permanent partial disability that’s awarded just isn’t sufficient compensation for a serious injury.
Many construction accidents are caused by workers who don’t work for the same company as the injured worker. There can be carpenters, electricians, plumbers, steelworkers, equipment operators, and laborers, all working on a large construction project. If a worker employed by one company is injured by the negligence of someone working for another company, liability beyond workers’ compensation can exist. That’s called third party liability. When that happens, the injured worker can pursue both a workers’ compensation case and another independent case against the company that caused the injury through a personal injury lawyer.
In workers’ compensation, the human body is like a mannequin with price tags hanging all over it. For example, a wrist has two price tags on it. One is the lowest price that might be paid on a wrist injury, and the other is the maximum value of an injury to that wrist. If a severe injury to the right wrist of a right-handed person results in significant disfigurement and total fusion of that wrist, workers’ compensation law deems the worker to be permanently partially disabled. The amount of permanent partial disability available to that worker is only limited to a certain amount of money, based on the worker’s earnings for a certain number of weeks. Workers’ compensation doesn’t look at that wrist for a lifetime. The third-party case can compensate for a lifetime though because the law of a negligence case is entirely different than the law of a workers’ compensation case.
Although the law permits a person to bring workers’ compensation and third party cases at the same time, it doesn’t permit a person to have two recoveries for one injury. That’s the law and that’s fair, but the beauty of third party cases is that they permit different elements of damages than workers’ compensation cases. For that reason, settlements and verdicts on third party cases are usually significantly higher than those in workers’ compensation cases.
As a White Plains construction accident attorney, David B. Lever understands the legal complexity of the case and will fight to recover maximum compensation for the victim’s future medical bills and loss of earnings. Contact us to schedule a consultation today.
At Lever & Ecker, PLLC, we stand up for the rights of New York’s construction workers. We understand that employers and landowners are obligated to protect their workers, but that some companies cut corners and ignore safety regulations in order to save money or complete jobs faster. We also understand that a serious injury can cost a construction worker dearly – resulting in large medical bills, lost wages, and perhaps the end of a career.
We represent injured New York construction workers that have been involved in the following on-the-job accidents:
We offer our Spanish-speaking clients bilingual legal representation.
We never collect a fee unless you successfully win compensation for your injury.
Lever & Ecker, PLLC is located in White Plains, New York, and serves clients throughout the state, including White Plains City’s five boroughs (The Bronx, Brooklyn, Queens, Manhattan, and Staten Island) as well as Westchester County, Rockland County, and Long Island.
Additional Cities: Yonkers, Port Chester, Scarsdale, New Rochelle, Peekskill, Rye, Mount Kisco, Bedford, Eastchester, Mount Vernon, Mount Pleasant, Pelham, Ossining, Greenburgh, New City, Spring Valley, Pearl River.
Additional Counties: Orange County, Dutchess County, Putnam County.
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