New York construction workers hear so many things about work accidents that are simply not true. These lies are spread at worksites throughout the state and when workers start believing them, they miss out on important benefits that can help them when they’re injured.
We’re setting the record straight and exposing five common myths about construction accident injuries.
Myth 1: Workers shouldn’t report accidents that are small or happened while breaking the rules.
Fact: You should report all accidents. It doesn’t matter if you made a mistake or didn’t follow safety rules – workers’ compensation is a no-fault system. You are entitled to file for workers’ comp even if the accident was your fault. If your boss or company has told you that you can’t file or that you will get in trouble for doing so, they are breaking the law.
Also, just because you’re not hurt right after the accident, doesn’t mean that you won’t be later. Reporting the accident is the best way to make sure you’re covered in case your small accident leads to a big medical bill in the future.
Myth 2: Applying for workers’ comp is straight-forward.
Fact: Workers’ compensation is complicated – there are many deadlines and confusing forms full of legal terms. When it comes to getting assistance from their employers, workers often learn the hard way that their companies aren’t interested in doing more than the bare minimum to help.
Many workers’ comp claims are denied, leaving injured workers with an even more confusing appeals process. Even those who’s claims are approved face an uphill battle against the insurance companies who delay payouts and try to trick workers into accepting less than they deserve.
Myth 3: If you’re getting workers’ comp you can’t seek additional compensation.
Fact: Workers’ comp is only one avenue of compensation for injured workers. Depending on your injury, you might be eligible for social security or disability benefits. There is also the option of working with a lawyer and filing a separate work accident claim against a third party. None of these paths jeopardize your workers’ comp benefits. It’s best to meet with an experienced workers’ comp lawyer to talk you through all your options.
Myth 4: The only way to get additional compensation is to sue your employer.
Fact: This myth is extremely popular and completely impossible. It’s illegal to sue your employer for a work injury in New York – that’s why they have workers’ compensation insurance. If you do want to pursue additional compensation, what you can do is file a lawsuit against one of the many people responsible for the safety of construction workers on a worksite. This includes general contractors, subcontractors, property owners or safety inspectors.
Myth 5: Any lawyer can help me with my construction accident.
Fact: Not all lawyers are the same. New York has complex workers’ compensation laws that are constantly changing. The specific rules and regulations about construction workers are even more complicated. Choosing a law firm that doesn’t have a strong understanding of workers’ law can lead to devastating results for injured workers.
That’s why New York workers trust Pasternack Tilker Ziegler Walsh Stanton & Romano. Workers’ compensation is our primary practice and we have over 80 years of experience in the field. Our results speak for themself, having recovered over $1 billion for injured workers across the state. With no out-of-pocket costs, our services are affordable for everyone.
Learn more about how an experienced workers’ comp attorney can help your construction accident case. Schedule your free consultation with one of our attorneys today!