Q: I got hurt on a construction job. Do I need a Workers’ Compensation attorney or a construction accident attorney?

Generally, claims for damages related to an on-the-job injury in New York State are governed by the Workers’ Compensation Law. Under Workers’ Compensation, also known as “Workers’ Comp", an employee cannot sue their employer for damages, but rather are entitled to compensation for their lost wages and medical bills related to the accident through the Workers’ Comp claim process regardless of fault.

These Workers’ Compensation benefits are available even if the worker is an illegal immigrant, if the worker was all or partially at fault, or even if the employer didn’t carry Workers’ Comp insurance. Workers’ Comp was instituted to streamline the process for an injured worker to get access to and payment for medical treatment, so that the worker could heal quicker and hopefully return to work faster.

While the employee is recovering, the Workers’ Comp system also provides for a percentage portion of their salary to continue to be paid by the employer pursuant to a formula which factors in the body part injured, the percentage of loss of use of that body part, and the expected time it will take to regain its full use, if ever.

Designed to bypass a traditional court proceeding, the Workers’ Comp system is mandatory for employees making claims against their employers. Its benefit is that it results in streamlined access to medical treatment and avoids a complete disruption of the injured worker’s income. However, a negative is the inability to sue your employer for other damages, like pain and suffering,

There are exceptions to those Workers’ Comp claims limitations for workers such as construction workers. Construction worker accidents can result from a wide variety of dangerous activities including but not limited to using defective machinery, being hit by falling debris, falling off of ladders or scaffolds or into trenches, etc.

If the workplace injury is the fault of what is known as a “third-party” who is an entity other than the worker's employer, the worker can sue that third party. In the case of a defective tool or piece of machinery, an injured construction worker may sue not only the manufacturer, but also the owner of the property on which the work site accident happened.

The scope of the compensation in a third party lawsuit is much broader than the Workers’ Comp claim against the employer as it also covers damages such as past and future pain and suffering, lost wages, and medical expenses. A skilled construction accident attorney would investigate the possibility of third-party claim in order to maximize the compensation for the injured worker.

For over forty years, the New York City Law Firm of Jaroslawicz & Jaros have successfully brought many cases for persons injured in various types of construction site accidents and even obtained a $44 million-dollar record-breaking verdict.

Some of our past construction accident settlements and verdicts:

• $44 Million verdict in a construction accident case for a carpenter who was injured when he fell from a wall on a construction site. This was the largest verdict in New York.
• $4.9 Million settlement for damage to a building, which occurred due to the construction of an adjacent building.
• $4 Million verdict for a 38-year-old worker who suffered a hand injury while using a defective saw.
• $3.6 Million settlement for a 51-year-old construction worker who injured his back on a temporary ramp.
• $3.5 Million settlement for a 43-year-old construction worker injured when he fell off a scaffold.
• $3.5 Million settlement for a 37-year-old construction worker injured when slipped while working.
• $3.5 Million settlement for a 46-year-old construction worker injured knee when struck by tool.
• $3.1 Million settlement for a laborer who was struck by a falling object while on a construction job.
• $3 Million settlement for a 51-year-old construction worker who suffered a back injury when struck by a falling object at a job site.

Contact a NYC construction lawyer for more information on how we can help if you or a loved one has been injured in a construction site accident. For over 40 years, the lawyers at Jaroslawicz & Jaros have successfully represented many people who have been injured in various types of construction accidents.

You don’t have to face an overwhelming situation alone. We Have Recovered Over $2 Billion for Our Clients. The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. With more than 300 years of combined experience in legal guidance and representation our New York City construction accident attorneys can represent you to obtain the maximum compensation for your injuries

Our skilled legal team has earned multiple awards and recognitions, including:

• Selected for inclusion in the New York Super Lawyers list
• The National Trial Lawyers: Top 100 Trial Lawyers
• Top Attorneys in the New York metro area

If you or a loved one have suffered an injury while working on a construction then you may be entitled to compensation for your injuries and are in need of legal assistance, call Jaroslawicz & Jaros in New York. When you retain a New York City construction accident lawyer from Jaroslawicz & Jaros, PLLC, you will always work directly with your lawyer, not a paralegal or secretary. We will always be available to you!

So, if you or someone you know was injured while on a construction site then you need to contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your injury, your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so you don’t have to worry about any upfront costs.