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Construction Workers & Workers' Compensation
If I work on a scaffold or ladder or building roof, what special legal protection do I have?
May 07, 2009 /Industrial PR News/ -- Construction Workers & Workers' Compensation
If you work on a scaffold or ladder, building rooftops, with hoists and harnesses, do demolition, construction, or your job requires that you work at heights and elevations, New York has a special law--sometimes called the "Scaffold Law"--that gives you special protection. It also has great significance for your workers' compensation case.
Example: Our client, Bolivar Torres (not his real name), was a thirty-one year old carpenter working in Queens. He broke his back when a staircase collapsed. We won a weekly benefit for him, and all his medical bills have been paid by his boss's insurance company. Working closely with his personal injury attorney we helped to settle his personal injury case for $11,100,000.00.
HOW IS MY WORKERS' COMPENSATION CASE INVOLVED WITH MY PERSONAL INJURY LAWSUIT?
1. Any forms you fill out or statements you make in your workers' compensation claim might be used against you in your personal injury suit.
2. The money you win in workers' compensation affects the money you receive in your personal injury suit. Therefore, the timing and amount of your workers' compensation settlement is very important.
3. To get the most money from your personal injury lawsuit, it is very important that your workers' compensation attorney coordinate strategy with your personal injury attorney. We work closely with some of the finest personal injury law firms in the city to fight for the maximum possible recovery for our clients.
Example: Another client, Adolfo Gomez (not his real name), was working at a construction site. A glass door broke free and amputed his leg below the knee. We won a weekly benefit for him and all his medical bills were paid by his boss's insurance company. Working closely with his personal injury attorney we helped to settle his personal injury case for $4,600,000.00.
DO YOU MEAN THAT I CAN SUE MY BOSS?
As a general rule, you cannot sue your employer when you are hurt on the job. However, you can bring a personal injury lawsuit against a third party. For instance, you can sue a contractor, subcontractor or building owner. This can result in hundreds of thousands of dollars, and sometimes millions of dollars, to compensate you for your loss of wages, your medical expenses, and your pain and suffering.
CAN MY BOSS BLAME ME FOR MY ACCIDENT?
In workers' compensation you can not be blamed for your accident. In a personal injury case in New York, the Labor Law—which applies to construction workers--makes it very difficult, in certain cases, for the person you are suing to blame you for the accident. In other states, the defendant can use the worker's mistakes against him to reduce the money recovery. In New York, if you fall from a height like a scaffold, roof, or ladder, that is very, very difficult.
WHAT IF I AM NOT A CITIZEN?
You do not have to be a citizen to bring a claim or file a lawsuit. Whether you are a citizen or immigrant, day laborer or career construction worker, you are protected by the Workers' Compensation and Labor Law. Recently, we have seen a growth of Hispanic and Chinese clients in the construction industry. Sadly, we have also seen too many of these workers fall from poorly rigged scaffolds, faulty ladders, and collapsing roofs and walls. Too many bosses don't care about their workers, and fail to teach safety techniques or create a safe work environment. What is worse, many clients are afraid to file claims because they are undocumented immigrants and do not know that they have legal rights, too. This is tragic, because all New York's workers contribute to our thriving economy and have legal rights, and deserve the support and protection of our community. The "scaffold law," or "labor law," protects all workers in New York.
Example: Our client, Tadeusz Florczyk (not his real name) was an undocumented Polish native who had an accident on a construction job. We won his case and secured a weekly benefit for him as well as the payment of all his medical bills. Working closely with his personal injury attorney, he was able to settle the case for $1,000,000.00. Part of this case was decided by the Court of Appeals, the highest court in New York, in a historical decision that helps to protect the rights of undocumented workers.
Source: The Klein Law Group, P.C.
Website: http://www.thekleinlawgroup.com
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