The Most Dangerous Intersections in New York
As a construction worker, your chances of a work injury are exponentially greater than those with a desk job or a less physically demanding career. If you are a construction worker, you are probably at least familiar with the terms “union” versus “non-union” workers. Whether you are a union member or not, a construction accident can put your income and life on hold. If you are not a union member, you may be particularly worried about receiving the necessary benefits for your injury. At Greenspan & Greenspan, we have decades of experience helping construction workers advocate for their rights and benefits. If you were recently injured and unsure where to turn, call us today.
What Is a Union?
Even if you are in the industry, you may not know precisely what a labor union does. Knowing what it is and how it can impact your ability to seek compensation is an important first step.
A labor union is a group of employees who have banded together to advance their interests. Labor unions aim to improve wages, benefits, safety protocols, and overall working conditions. As a group, employees often have more bargaining power to advocate for insurance benefits, paid leave and time off, retirement benefits, and more.
Are Union Workers Less Likely to Be Injured in a Construction Accident?
In New York, the construction industry is especially hazardous because of its unique landscape of high rises and dense populations in small geographic areas. Studies show that union workers are less likely to be injured in a construction accident because unions are more likely to ensure proper training, safety, and equipment. In other words, a non-union construction accident may be more likely to occur. More importantly, a non-union construction injury may even be more serious due to a lack of safety measures.
According to the New York Construction Occupational Safety and Health, in 2023, 77% of construction fatalities occurred on non-union sites. OSHA and other health and safety protocols may be more strictly adhered to on union job sites than non-union job sites.
Common types of construction accidents on New York job sites include:
- Falls from heights,
- Heavy machinery accidents,
- Crane accidents,
- Electrocutions and fires,
- Explosions,
- Building and trench collapses,
- Welding accidents,
- Roof accidents, and
- Ladder and scaffolding accidents.
No matter the type of accident or whether you have union backing, you may be entitled to compensation if you are injured on a construction job site.
Union vs. Non-Union Workers’ Compensation Claims
Workers are entitled to workers’ compensation benefits regardless of whether they are union members. However, union workers may have an easier time getting those benefits because unions have protocols in place to assist with applications, denials, and more. In other words, they have the support of their union backing them.
Reporting an accident and filing a claim may seem more difficult for non-union workers. You may even feel discouraged and afraid to speak up for fear of retaliation. However, you are entitled to file a claim and seek medical and wage benefits if you have been injured.
Workers’ Compensation Claims vs. Third-Party Complaints for Construction Workers
Whether you are a union or non-union construction worker, you may have two avenues of compensation after a construction accident: workers’ compensation benefits and a third-party claim.
Workers’ Compensation Benefits
In New York, most employees are protected if they suffer an injury at work because almost all employers statewide are required to maintain workers’ compensation insurance.
Union and non-union construction workers injured on the job can receive workers’ comp benefits that include:
- Medical expenses. Injured workers are entitled to complete coverage of medical expenses for necessary and appropriate treatments following a job-related injury. These services must be provided by a healthcare professional approved by the workers’ compensation board.
- Lost wages. Wage replacement benefits are available for construction workers who cannot return to work due to injury. These typically amount to roughly two-thirds of the worker’s average weekly income before the incident.
- Death benefits. If a construction worker passes away as a result of a work-related injury, their surviving dependents may be eligible to receive death benefits under the workers’ compensation system.
It is essential to consult with an experienced attorney to determine your eligibility for benefits, whether you are a union worker or not.
Third-Party Claims
Sometimes, someone other than your employer may have caused or contributed to your construction accident. You can file a personal injury lawsuit against the individual or entity responsible in these situations.
Often, third-party claims can pay substantially more than a workers’ compensation claim alone. While workers’ compensation generally includes medical and wage replacement benefits, you may be entitled to additional damages and compensation in a third-party action, such as pain and suffering.
Importantly, you can file a third-party complaint in addition to receiving workers’ compensation benefits, and if applicable in your situation, you should pursue both.
Whether you are injured in a non-union construction work accident or a union construction accident, seek the advice of an attorney immediately. We can discuss the best course of action with you and determine all potentially liable parties.
When Should You File a Claim?
The time frame, or statute of limitations, for filing a third-party complaint in New York is three years from the date of the accident, regardless of union status.
If you are filing for workers’ compensation benefits, you typically have 30 days from your injury to notify your employer about the accident and then two years to submit your workers’ compensation insurance claim.
The process will generally be the same for union and non-union workers.
New York Construction Accident Attorneys
Whether you are a union member or not, you may be entitled to substantial workers’ comp benefits or third-party claim compensation if you are injured on the job. Having an experienced attorney to advocate for what you deserve can make the process smoother and ensure you receive everything you are entitled to. At Greenspan & Greenspan, we have been helping New Yorkers injured in construction accidents fight for their rights for decades. Contact us today to schedule your consultation.
