The sounds of a New York construction site are constant—until they stop. For you, that silence began the moment you were injured. You pride yourself on your hard work and independence, but now, without a union representative to call, that independence can feel a lot like being alone. As medical bills arrive and your ability to earn a living disappears, you are left with urgent questions: Am I protected? Can my employer fire me for getting hurt? Do I have the same rights as a union worker?
It is essential to recognize that New York State law offers robust protections for all injured employees, regardless of their union affiliation. Non-union construction workers’ comp is no different from union construction workers’ comp. However, these benefits are often just the beginning and may not cover the full extent of your losses. While workers’ compensation is an essential first step, a separate third-party personal injury lawsuit could be the key to securing the financial stability you need to truly recover.
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New York Law Guarantees Your Right to Workers’ Comp
In New York, nearly every employer is legally required to carry workers’ compensation insurance for its employees. This mandate is a cornerstone of the state’s labor laws, designed to create a safety net for anyone injured on the job. The law does not distinguish between union and non-union employees; if you are an employee injured in the course of your employment, you are covered.
This system provides no-fault benefits, meaning you do not have to prove that your employer was negligent to receive them. Your primary responsibility after an accident is to notify your employer in writing as soon as possible and seek medical attention.
What Are the Construction Injury Benefits NY Provides?
After you file a claim, the workers’ compensation system offers specific categories of assistance to help you through your recovery. Understanding the construction injury benefits NY provides can help you know what to expect. While every case is unique, the system is designed to address the most immediate financial burdens that follow a workplace accident. The main benefits available include:
- Medical treatment. This covers all reasonable and necessary medical care related to your on-the-job injury. This includes doctor visits, hospital stays, surgeries, prescription medications, and physical therapy.
- Lost wage replacement. If your injury prevents you from working, workers’ compensation provides cash benefits to replace a portion of your lost income. These payments are typically calculated as two-thirds of your average weekly wage, up to a legal maximum.
- Death benefits. In the tragic event of a fatal construction accident, workers’ compensation provides benefits to the worker’s surviving spouse, children, or other dependents.
These benefits are crucial for immediate relief. However, they do not compensate for non-financial losses that are not as easily calculated, such as physical and psychological pain, disfigurement, or future medical needs.
Addressing Common Fears for Injured Non-Union Workers
Many injured non-union workers hesitate to report an accident out of fear of losing their jobs. This concern is understandable, but New York law is firmly on your side. State law explicitly prohibits employers from firing, demoting, or otherwise retaliating against employees for filing a workers’ compensation claim.
An employer that violates this law faces significant penalties. Your right to benefits and a safe work environment is protected by legislation, not by a union contract. Asserting your rights is not just your prerogative; it is a legally protected action. Do not let fear prevent you from accessing the benefits and justice you deserve.
Exploring Additional Non-Union Employee Injury Benefits Through a Third-Party Claim
In most cases, workers’ compensation is your exclusive remedy against your direct employer. However, it may not be your only route to financial recovery.
Depending on the situation, you may still have the right to sue negligent third parties. The typical construction site is a dynamic environment where numerous companies, including general contractors, equipment manufacturers, subcontractors, and property owners, operate simultaneously. If one of these third parties caused your injury, you have the right to file a personal injury lawsuit against them. This is separate from your non-union construction workers’ comp claim.
Exploring non-union employee injury benefits through a third-party lawsuit can unlock payments that workers’ compensation does not cover. Filing a claim may allow you to seek damages for the full impact of the injury on your life.
Damages Available in a Third-Party Construction Accident Lawsuit
A personal injury lawsuit seeks to make you whole by recovering compensation for all your losses, not just a portion of your lost wages and medical bills. This is the primary advantage of pursuing a third-party claim. A successful lawsuit can help provide compensation for:
- The full amount of your past and future lost wages,
- Pain and suffering,
- Emotional distress and mental anguish,
- Loss of enjoyment of life,
- Permanent scarring and disfigurement, and
- Future medical and rehabilitative costs.
These damages acknowledge the profound personal toll an injury takes, providing a more complete form of justice than workers’ compensation alone can offer.
Why Choose Greenspan & Greenspan Injury Lawyers
Since 1959, the attorneys at Greenspan & Greenspan Injury Lawyers, P.C. has dedicated our practice to helping injured individuals and their families navigate the complexities of the legal system. For over 65 years, our family-run firm has built a legacy of trust and results, securing millions of dollars in verdicts and settlements for clients throughout New York. Because we understand the immense stress an injury places on you and your loved ones, our team, which includes bilingual Spanish-speaking staff, will provide you with a comprehensive approach that allows you to focus entirely on what matters most: your recovery.
Take Control of Your Future Today
Your status as a non-union worker does not diminish your rights. While you pursue your workers’ compensation benefits, it is vital to explore every available avenue for recovery. We can help you understand your legal options and will fight to hold all negligent parties accountable. Contact us to schedule a free, no-obligation consultation to discuss your case.
