Construction sites are inherently dangerous environments. As residential and commercial development expands in Staten Island and the greater NYC area, workers face daily risks that can result in life-altering injuries. When an accident occurs, people often assume that workers’ compensation is their only path to financial recovery. However, New York’s unique legal landscape often provides additional avenues for justice through specific labor laws. At Nappa, Monterosso & Poznansky, LLP, our Staten Island workers’ compensation lawyers help you understand your rights and how the law may impact your case.
Key Takeaways
You may file multiple claims — Filing for workers’ compensation doesn’t bar you from pursuing a personal injury lawsuit if a party other than your employer caused your injury.
Special protections for NY workers — Section 240 of the New York State Labor Law holds property owners and general contractors strictly liable for injuries involving falls from scaffolds, ladders, or heights.
Protections apply regardless of immigration status — All Staten Island workers are entitled to a safe work environment and fair compensation. Multilingual Partner and attorney Rolando Cubela helps our Spanish-speaking clients safeguard their rights.
Proven representation — Our Staten Island workplace injury lawyers have decades of experience successfully navigating the intersection of workers’ compensation and New York Labor Law.
Understanding Workers’ Compensation and New York Labor Law
When a construction worker is injured on a job site, workers’ compensation provides medical coverage and wage replacement benefits, regardless of how an accident occurred.
However, workers’ compensation often fails to cover the full scope of an injured worker’s damages, such as pain and suffering or the true value of future lost earnings. This is where New York Labor Laws come into play. Although you typically can’t sue your employer, New York law allows you to hold property owners and general contractors accountable for safety failures that cause injury.
Section 240: The Scaffold Law
The Scaffold Law is one of the most powerful tools for injured New York workers who suffer gravity-related injuries. Owners and contractors are responsible for providing proper fall protection such as scaffolds, ladders, and harnesses for elevation-related work. They may also be strictly liable if someone is hit by a falling object due to inadequate safety measures. This means that if a safety violation was a cause of the injury, they are automatically liable and negligence does not have to be proven.
Section 241: Violations of the Industrial Code
This law requires property owners and contractors to comply with specific safety regulations regarding shoring, PPE, and heavy equipment operation. For example, if a worker is injured because a trench lacked the required shoring or bracing mandated by the New York Industrial Code, they may have a valid third-party Labor Law claim.
How a Lawyer Can Help You Navigate Multiple Claims
Although you may be entitled to file both workers’ compensation and third-party claims, conflicts often arise when insurance carriers try to limit your total recovery. Maximizing the total compensation you receive requires a deep understanding of how one claim impacts the other.
For example, a successful third-party claim often involves a lien, where a portion of a settlement is used to reimburse the workers’ compensation insurance carrier. In addition, a third-party insurer may also try to minimize a payout or deny a claim by arguing that the injury was your fault or was caused by an unavoidable accident.
Without experienced legal representation, you may settle your third-party claim without considering the workers’ compensation lien, which can significantly reduce your net recovery. Our skilled workplace injury attorneys in Staten Island have been fighting these battles for injured workers for decades. We know how to navigate the legal nuances involved, negotiate aggressively on your behalf, and work tirelessly to maximize your total compensation.
What Should I Do After a Construction Site Injury?
If you’ve been hurt on the job, taking these steps can protect your rights:
- If you’re able, take photos or video of the scene and your injuries.
- Gather contact information from any witnesses.
- If it’s an emergency, seek immediate medical care. If not, see an employer PPO or Workers’ Compensation Board-approved healthcare provider promptly. Make sure to follow all instructions from your physician.
- Do not give a statement, sign anything, or accept a settlement from an insurer without speaking to a Staten Island construction accident attorney
Statues of Limitations in New York
Under New York workers’ compensation law, you have 30 days to provide written notification of your injury to your employer, but it’s best to inform them as soon as possible. It’s also important to act fast to preserve evidence.
You have two years from the date of your injury to file a workers’ compensation claim in New York. If you’re considering filing a third-party claim, the deadline is three years. However, if the claim involves a public entity, you must first file a Notice of Claim within 90 days or you could lose your right to sue.
Our attorneys can evaluate your case, advise you of your options, and get the ball rolling so no important deadlines are missed.
Why Choose Our Staten Island Workers’ Compensation Lawyers?
At Nappa, Monterosso & Poznansky, LLP, we understand that a construction accident involves much more than insurance claims. It can be a serious health and financial crisis for injured workers and their families. Our team is here to take some of the weight off your shoulders and provides the compassionate, tenacious legal support you deserve. With Nappa, Monterosso & Poznansky, LLP, you get:
Unmatched local experience — As Native Staten Islanders and the largest workers’ compensation law firm in Staten Island, we care about the clients we serve. Our firm focuses exclusively on workers’ compensation and Social Security Disability cases. We have longstanding experience with local courts, attorneys, insurance adjusters, and the Workers’ Compensation Board (WCB).
A client-first approach— We prioritize compassion and advocacy – you’re never just a case file to us. Unlike many firms that use paralegals, attorney and Partner Rolando Cubela is fluent in Spanish and provides direct, personal service to our Spanish-speaking clients.
Contingency fee structure — We offer legal representation with no financial risk and only get paid if we secure benefits and/or a settlement or court award for you.
Contact a Staten Island Construction Accident Lawyer Today
If you or a loved one has been hurt in a construction accident in Staten Island, you deserve a compassionate, tenacious attorney who understands the local legal landscape and the complexities of the law. Nappa, Monterosso & Poznansky, LLP, can help you navigate workers’ comp and Labor Law claims so you can focus on healing. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ comp attorney near you in the greater New York City area.
