NYC Injury Lawyers Fight for Workers’ Compensation Benefits

Experienced attorneys pursue justice for injured construction workers

Construction work routinely places workers at risk of serious injury or illness. Fortunately, New York State’s workers’ compensation law protects virtually all construction site workers. If you are hurt on the job, you are entitled to medical treatment and financial benefits. However, collecting the benefits you deserve is not always easy; insurance companies regularly deny legitimate claims. If you have a problem getting your claim approved, seeing a doctor for a second opinion, or getting a proper disability rating, the injury lawyers at Barasch & McGarry are prepared to help. We have more than 100 years of combined legal experience, including countless appearances before the New York State Workers' Compensation Board. Trust your workers’ comp dispute to an established law firm determined to deliver the best result.

Who is covered under workers’ compensation?

Nearly all employers in New York must provide workers’ compensation to their employees. Workers’ comp covers injuries that occur in the course of your job and arise from performing work-related tasks, but because it is a no-fault insurance system, you are covered even if your own carelessness causes your injuries. Deliberately self-inflicted injuries or injuries that result from horseplay are not covered, however, and independent contractors are not eligible for workers’ comp.

For most workplace injuries, workers’ comp bars personal injury lawsuits against negligent employers and coworkers. However, it is possible to sue a negligent third party who caused your injury or an employer who violates certain New York labor laws.

Types of benefits an injured worker can receive

There are five categories of workers’ compensation benefits an injured worker or next of kin might receive:

  • Cash benefits — When you are hurt and unable to work, you can receive cash roughly equal to two-thirds of your average weekly wage. Amounts are subject to a weekly maximum.
  • Medical benefits — You are entitled to 100 percent coverage of all reasonable medical treatments.
  • Supplemental benefits — Long-time workers’ comp beneficiaries whose cash benefits have less value in present-day dollars can receive additional funds.
  • Social Security benefits — Severely disabled workers can receive additional assistance through the Social Security Administration in the form of Social Security Disability Insurance or Supplemental Security Income benefits.
  • Death benefits — The surviving spouse and minor children of a worker killed on the job are entitled to weekly cash benefits. Workers in the metropolitan New York counties are entitled to $6,000 in funeral benefits.

If you’ve been denied any workers’ comp benefits, the appeal process is complex with short deadlines, making it extremely difficult for an inexperienced person to gather sufficient documentation and draft a successful appeal. Our attorneys save you time and stress, greatly improving your chances of approval on appeal.

When workers’ compensation is not enough

In many cases, workers’ compensation benefits do not cover all of your injury expenses. Under certain circumstances, you are not limited to the workers’ compensation system and can file a civil lawsuit for negligence.

For example, if your injury happened because your employer violated New York labor laws, such as the scaffold law, you can sue your employer directly. Likewise, if someone other than your primary employer or a coworker caused your injuries, you may be able to file a third-party lawsuit based on negligence.

Even if you signed a contract stating these other parties accept no responsibility for work-related injuries, you still might be able to sue. Workers involved in particularly dangerous situations involving harmful exposure or volatile substances may be exempt from the terms of their contract. In turn, if the other party had knowledge of a dangerous condition and failed to warn you, you may be entitled to a monetary settlement.

Trust Barasch & McGarry with your workers’ compensation appeal

If you or a loved one has been hurt in a construction accident, Barasch & McGarry can pursue your workers’ comp appeal or negligence lawsuit. Schedule a free consultation with an experienced construction accident attorney. Call 855.539.9189 or contact our NYC office online.