Workers' Compensation Requirements for Construction Workers

Construction WorkIt is important that every American worker should feel protected while working on the job. Every day dangers and those created by someone else’s negligence should not be debilitating or financially crippling, especially when a person suffers injury while simply doing their duty.

For those who work in the field of construction, the hazards around the job site are so great, they are sometimes considered unavoidable. This is a major problem, though, as insurance companies can try to shirk their responsibilities after a construction worker is injured, stating that it is “just part of the job.” The truth is that they deserve workers’ compensation, just like anyone else. And, thankfully, New York legislation breaks down and addresses just how labor laws are defined in relation to construction crews.

Defining a Construction Worker and Their Rights

In New York State, a construction worker is anyone who deals with the alteration, demolition, renovation, or repair of structures and buildings. The definition is deliberately broad, as even the person who has to clean the windows on the 100th floor can be considered a construction worker providing “renovations” or “repair.”

There are three main statutes that define how a construction worker must be provided for or protected, or else they can pursue recovery through workers’ compensation:

  • § 200: Any owner or contractor will provide as safe a working environment as reasonably possible.
  • § 240: Injuries incurred from falling or from falling objects are covered in workers’ comp law.
  • § 241: Both actions and equipment must be reasonably safe for construction crews to use.

The final statute is particularly important to point out, as hazardous work conditions on construction sites are often related directly to equipment used. A poorly maintained bulldozer or a lack of provided hard hats, for example, could lead to an injury and the need for workers’ compensation. In some ways, this takes liability out of the hands of the worker, who was either following orders from a superior or rightfully assuming that all equipment on site had been properly inspected.

Protecting Injured Workers in New York City

If you have been injured in an accident while working on a construction site, you need to know your rights and how to protect them. Contact a New York City construction accident attorney from Lurie, Ilchert, MacDonnell & Ryan LLP today. We have recovered more than $400 million for our clients through successful verdicts and settlements and we operate on contingency fees – you don’t pay unless we win you a recovery – so call 646.461.4009 to speak to our personal injury lawyers today!