Question 1

What is a labor union for construction workers?

Accepted Answer

A labor union is a group of employees who join together to improve wages, benefits, safety standards, and working conditions. Unions often provide members with bargaining power to negotiate for better insurance, paid leave, retirement benefits, and safer work environments.

Question 2

Are union construction workers less likely to be injured?

Accepted Answer

Yes. Studies show union construction workers are less likely to be injured because unions often enforce higher safety standards, provide better training, and ensure proper equipment. In New York, 77% of construction fatalities in 2023 occurred on non-union job sites.

Question 3

What are common types of construction accidents in New York?

Accepted Answer

Common accidents include falls from heights, heavy machinery incidents, crane accidents, electrocutions, fires, explosions, building and trench collapses, welding accidents, roof accidents, and ladder or scaffolding falls.

Question 4

Do non-union workers get workers’ compensation benefits in New York?

Accepted Answer

Yes. All construction workers—union or non-union—are generally entitled to workers’ compensation benefits if injured on the job. Union workers may have more assistance from their union in filing and appealing claims, but non-union workers still have the same legal right to benefits.

Question 5

What benefits does workers’ compensation provide in New York?

Accepted Answer

Workers’ comp benefits include full coverage of medical expenses for approved treatment, wage replacement (about two-thirds of average weekly wages), and death benefits for dependents if a worker dies due to a job-related injury.

Question 6

What is a third-party claim in a construction accident case?

Accepted Answer

A third-party claim is a lawsuit against someone other than your employer who contributed to your accident, such as a subcontractor, property owner, or equipment manufacturer. These claims can recover additional damages, including pain and suffering, beyond what workers’ compensation covers.

Question 7

Can I file both a workers’ comp claim and a third-party claim?

Accepted Answer

Yes. You can receive workers’ comp benefits and also file a third-party claim if someone else’s negligence contributed to your accident. Pursuing both can maximize your recovery.

Question 8

What are the deadlines for filing claims after a construction accident in New York?

Accepted Answer

You generally have 30 days to notify your employer of a workplace injury, two years to file a workers’ comp claim, and three years from the accident date to file a third-party personal injury lawsuit.

Question 9

Why should I hire an attorney after a construction accident?

Accepted Answer

An attorney can help protect your rights, ensure all deadlines are met, identify all liable parties, negotiate with insurance companies, and maximize the compensation you receive through workers’ comp, third-party claims, or both.

Question 10

How can Greenspan & Greenspan help injured construction workers?

Accepted Answer

Greenspan & Greenspan has decades of experience representing union and non-union construction workers in New York. They assist with workers’ comp claims, pursue third-party lawsuits, and fight to secure the full benefits and damages injured workers deserve.

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