Your hands are your livelihood. They build, they shape, they provide. On a construction site, you rely on your strength and experience to navigate daily risks and return home safely to your family. When a sudden fire, explosion, or chemical exposure causes a severe burn, it does more than injure your body; it attacks the very core of your ability to work and provide.
In the aftermath, as you face excruciating pain and an uncertain future, the most pressing question becomes how you will reclaim your life. Securing fair compensation for burns at work is the first, most critical step. Let’s break down what you need to know about your legal rights and options after a workplace burn injury in New York.
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Common Causes and Consequences of a Construction Burn Injury in NY
Construction environments contain numerous hazards that can cause severe burns. Unlike a minor burn at home, workplace burns are often catastrophic due to the high-energy sources and hazardous materials present. Understanding the cause of an injury is a critical first step in addressing a construction burn injury in NY.
Familiar sources of construction site burns include:
- Electrical arcs from live wires or faulty equipment;
- Explosions from gas lines, volatile chemicals, or dust;
- Direct contact with open flames during welding or cutting;
- Chemical burns from exposure to acids, solvents, or industrial cleaners; and
- Thermal burns from hot tar, asphalt, or steam lines.
These accidents can result in devastating injuries, including first, second, third, or even fourth-degree burns that damage muscle and bone. The consequences extend far beyond the initial pain. Victims often face a long road to recovery involving skin grafts, physical therapy, and treatment for permanent scarring and disfigurement.
Workers’ Compensation and Third-Party Lawsuits
After a workplace injury in New York, your first course of action is typically a workers’ compensation claim. The New York workers’ compensation system is a no-fault insurance program that provides medical benefits and partial wage replacement to employees injured on the job. This system is considered an exclusive remedy, which means you generally cannot sue your employer for the injury.
However, workers’ compensation benefits are often insufficient to cover the full extent of your losses, as they do not provide any recovery for pain and suffering. This is where a third-party lawsuit becomes essential. If your burn injury was caused by the negligence of someone other than your employer or a coworker, you may have the right to file a personal injury lawsuit against that responsible party. Potential third parties in a burn injury case can include:
- The property owner or general contractor who was responsible for overall site safety;
- A different subcontractor whose crew created the hazardous condition;
- The manufacturer of a defective power tool, heavy machine, or safety device; and
- Third-party engineers or architects whose design flaws led to the unsafe environment.
Under New York Labor Law, property owners and general contractors have a duty to provide a reasonably safe work environment. They must also comply with specific safety regulations for construction sites, and a failure to do so can establish liability. An experienced attorney can investigate your accident to determine if a negligent third party contributed to your injuries, opening the door to pursuing the full burn injury compensation you deserve.
Seeking Full Compensation for Burn Injury Claims
While workers’ compensation covers basic economic needs, a personal injury lawsuit allows you to pursue a much broader range of damages. Seeking compensation for burn injury claims requires proving that a third party’s negligence directly caused your injuries. With a successful claim, you can demand payment for the full financial and personal impact of the injury.
A qualified New York injury lawyer can help fight for the burn injury at work compensation needed to address your comprehensive losses. The available damages in a third-party claim may include:
- Past and future medical expenses—from initial emergency care and hospitalization to future surgeries, rehabilitation, and long-term nursing;
- Full lost income and benefits—all wages you lost while unable to work, as well as the loss of your future earning capacity if you cannot return to your former job;
- Pain and suffering—for the immense physical pain, emotional distress, and mental anguish associated with a severe burn injury; and
- Scarring and disfigurement—for the permanent physical changes that can impact your physical and psychological quality of life.
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. When a municipal entity, like the City of New York or NYCHA, is involved, deadlines can be as short as 90 days. No matter the circumstances, it’s critical to act quickly to preserve evidence and build the strongest possible case.
The Role of a Workplace Burn Claim Lawyer
Pursuing a third-party claim is a complex legal process that requires a thorough investigation and a deep understanding of New York’s labor and liability laws. A dedicated workplace burn claim lawyer handles every aspect of your case. They can meticulously investigate the accident scene, gather crucial evidence like safety reports and witness statements, and consult with medical and industry professionals to build a compelling case. Your attorney can work to identify all liable parties and hold them accountable for their negligence. They can also aggressively negotiate with liable parties and their insurance companies and prepare to take your case to trial to fight for the financial security you need.
Greenspan & Greenspan: A Legacy of Fighting for the Injured
Since 1959, Greenspan & Greenspan Injury Lawyers has been a steadfast advocate for injured individuals and their families across New York. For more than 65 years, our firm has focused exclusively on personal injury law, giving us the focused knowledge to handle complex construction accident claims. We understand that you are going through one of the most difficult times in your life, and our bilingual staff is here to support you and your family every step of the way. Our deep roots in New York’s suburban communities drive our commitment to providing compassionate and personalized legal guidance.
Start on the Path to Rebuilding Your Future Today
A severe burn injury can change your life, but it does not have to define your future. If you or a loved one suffered a burn injury on a construction site, do not face the legal system alone. Contact us today to learn more about your options for obtaining compensation for burns at work.
