How to Collect Workers’ Compensation After a Construction Accident

Construction work is one of the most dangerous and physically demanding professions, as it involves tasks that often require the use of heavy machinery, sharp tools, and exposure to high altitudes. It is not unusual for workers in this industry to suffer injuries on the job, which can range from minor cuts and bruises to more serious and life-changing injuries.

In such cases, workers’ compensation serves as the primary source of relief and financial assistance for construction workers who sustain injuries while on the job. Workers’ compensation benefits are designed to cover medical expenses, lost wages, and other costs associated with work-related injuries.

However, the process of obtaining workers’ compensation benefits can be complex and confusing, requiring careful attention to detail and a thorough understanding of the legal and administrative procedures involved. This article provides a short guide on collecting workers’ compensation after a construction accident and the rights and responsibilities of workers and employers.

What Does Workers Compensation Cover?

Workers’ compensation is a legal insurance system that mandates employers to provide benefits for injured workers, irrespective of their fault or responsibility in the accident. The construction industry is a high-risk sector, and workers’ compensation covers various support aspects for injured construction workers.

First, medical treatment is covered, ensuring an injured worker receives immediate attention and care. Secondly, temporary disability benefits are also provided, which cover a portion of the worker’s lost wages during their recovery period. If the worker’s injury is severe and causes permanent disability, workers’ compensation also covers such long-term impairments. Lastly, vocational retraining support is provided if the injured worker needs to find alternative employment.

While compensation limits exist, it ensures that injured workers receive the benefits they deserve and block them from making a personal injury claim against the employer or a co-worker, which could possibly lead to additional stress and legal hassle.

Workers’ compensation is vital to protect the welfare and rights of injured construction workers, providing them with comprehensive assistance during the difficult recovery phase. This is why hiring construction accident lawyers in New York for any questions about your workers’ rights is in your best interest. 

Filing a Workers’ Compensation Claim

You must inform your supervisor or manager about any accidents or injuries immediately. Waiting on this can harm your potential worker’s compensation claim, as hesitation may be used against you.

Ensuring that the New York Workers Compensation Board authorizes your medical insurance provider before seeking treatment is important. If you need clarification on whether your provider is authorized, simply call 1-800-781-2362 to confirm. Remember that under New York law, your employer is responsible for reporting your injury or illness to the Worker’s Compensation Board and your company’s worker’s compensation insurance carrier.

It is highly recommended that you contact a lawyer who specializes in workers’ compensation. This step can help you minimize the wait time and maximize your benefits. It is important to fill out and file Form C-3, which is the official claim for workers’ compensation in New York.

You must file this form within two years of the accident or the date your medical condition started. It is vital to complete this form accurately, as any mistakes can hinder your ability to receive proper compensation.

By hiring an attorney with expertise in this field, you can avoid these mistakes and ensure that your form is filed correctly, resulting in you receiving the maximum compensation you are qualified for.

Who Is Eligible to File a Workers Compensation Claim?

In the United States, eligibility for workers’ compensation varies from state to state, but several general criteria apply. In particular, all employees of for-profit companies are eligible to receive workers’ compensation benefits. Additionally, most not-for-profit employers offer workers’ compensation coverage to their workers, although there may be some exceptions.

To determine which employees are covered, it is best to check with each individual organization. In New York State, all employees are covered by workers’ compensation, regardless of the employer’s size or the industry in which they work.

Additionally, there is no residency requirement for workers’ compensation benefits, meaning that employees injured while working outside their home state may still be eligible for compensation. It is essential for all eligible employees to be aware of their rights and to understand the workers’ compensation system to ensure that they receive the benefits they are entitled to in the event of a work-related injury or illness.

File Your Claim With Confidence!

Suppose one has just experienced an accident at work within the construction industry. In that case, it’s important to ensure all the appropriate steps are taken to collect worker’s compensation. In summary, the individual should notify their employer immediately, obtain medical treatment, and file a compensation claim. Following all the proper protocols to receive these compensation benefits is crucial.

By taking the right measures, individuals injured on the job can get the assistance they need to recover from their injuries without financial burden.