New York laws provide workers with numerous protections, including safety in the workplace. Still, accidents can happen, and if you work on a construction site, your injury risk increases.

Under the following circumstances, workers’ compensation benefits can help pay for your medical care or cover a portion of your income while you recover.

Your employer controls the construction site

In New York state, all construction workers taking direction from a project’s general contractor are employees of the contractor and may receive workers’ compensation for job-related injuries. Therefore, your benefits will not rely on proving your employer’s fault, and you may also receive benefits if you are responsible for your injury.

You are a subcontractor with an independent policy

Workers at construction sites are sub-contractors if their business is independent of the general contractor, they do not take direction from the general contractor and they perform services outside of the general contractor’s work scope. If your business meets that criteria, the state requires you to purchase workers’ compensation insurance covering your employees who take direction from you. However, insurance is optional if your business classifies as a sole proprietorship or partnership, though general contractors may require you to have it as a condition for working on a project. Whether or not you must purchase workers’ compensation insurance as a provision of your contract, having it will be helpful if you sustain a job-site injury.

Essential New York state labor law provisions also give construction workers the right to sue a project owner or contractor for failing to provide a safe and healthy work environment, resulting in a worker’s severe injury. Workers’ compensation laws for construction workers can be complex, but knowing your rights can ensure you receive help when you need it.

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Workers’ compensation is often associated with injuries that occur at a designated workplace, such as a construction site or an office. What you may not realize is that plumbers and other trade workers who sustain an injury at a client’s property may also qualify for workers’ compensation.

When filing for benefits, it is important to be clear about the nature of your injury and the circumstances surrounding it. To that end, you should become aware of some of the common workplace injuries that plumbers may experience during the job.

5 common injuries among plumbers

When a building’s plumbing infrastructure becomes faulty or damaged, it creates a situation that is dangerous for residents and even more so for the professional who must get up close and personal to conduct repairs. Even when adhering to proper safety guidelines, a plumber is always at risk of sustaining severe injuries which include:

• Burns
• Freeze-related injuries
• Slip-and-falls
• Eye injuries

When to file for workers’ compensation

In accordance with New York business law, all businesses within the state must have workers’ compensation coverage for all their employees. If you sustain any type of injury while performing your work, you have the right to pursue compensation as per your benefits package. You should file a claim any time you experience an injury that requires medical treatment, as this can make a huge difference in your personal finances.

Trade workers often endure unsafe conditions when performing essential services to the community. There are many types of hazardous injuries that are unfortunately common among plumbers, and that is why it is essential to know your rights when it comes to workers’ compensation.

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To receive workers’ compensation for your injury or illness, the timeline for filing a claim is crucial. Missing the filing deadline can cost you a claim that is otherwise eligible for a payout.

Claims are often denied due to delays in filing the claim or failing to report the injury in a timely manner. However, there are other aspects of credibility that could also sabotage your chance of claim approval.

Too many complaints

An employee cannot be legally denied workers’ comp benefits because of a prior claim, but it does raise suspicion if there is a history of claims on your employment record. Multiple claims for similar incidents over the years could send the signal that you are only looking for an easy payout.

Injury timeline

Though it is possible for an injury to occur during any day of the week, opening an injury claim as your first act of business on Monday could send up a red flag. Fraud often occurs when employees seek a payout for an injury that took place over the weekend or while off work. If there is a history of absenteeism or a missed workday followed immediately by an injury claim, consider the possibility that your credibility may come into question.

Vague injury reports

An injury report that does not contain solid details of what transpired may raise questions. Filing a report with witnesses’ statements, full details and as much information that you can remember solidifies the strength of your claim.

Minor incidents are just as eligible for workers’ compensation as serious injuries. Avoid damaging your credibility and giving a reason for a denied claim.

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Every day, construction workers risk severe injuries while performing their jobs. In New York, workers’ compensation benefits cover salaries and medical bills for workers who sustain injuries at construction sites while operating equipment and machinery.

Although individuals receiving workers’ compensation usually forfeit the right to sue their employers, they may initiate lawsuits against employers and others under specific circumstances.

Suing an employer

The federal government’s Occupational Safety and Health Administration provides employers with regulations and guidelines for maintaining and repairing construction site equipment and machinery. Although injured construction site employees can receive workers’ compensation benefits until they return to their jobs, they may also sue employers in rare circumstances. A worker must prove that an employer’s intentional misconduct, gross negligence, or criminal behavior is an OSHA violation resulting in an equipment-related injury. For example, a valid lawsuit may involve proving an employer’s knowledge of a costly equipment problem and willful refusal to correct it.

Suing an equipment manufacturer

An injured construction worker can file a product liability lawsuit against a manufacturer of defective machinery responsible for an injury. Proving a manufacturer’s liability may involve gathering documents, including design blueprints and quality inspection certificates. A third-party claim against a construction equipment manufacturer may result in pain and suffering and punitive damages, which workers’ compensation benefits do not provide.

Suing a site owner

Construction site owners must ensure safe environments for workers. Safety measures involve removing damaged or obsolete equipment and providing workers with properly functioning tools. Site owners may be liable for injury-related damages for refusing to supply construction site workers with appropriate and safe equipment.

Workers’ compensation benefits may not provide sufficient compensation for a construction worker’s injuries or death. Sometimes, lawsuits are the only option for workers and their families to get the damages they deserve.

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Many people incur injuries at their place of employment — and file workers’ compensation claims — without ever experiencing an accident.

Occupational diseases injure these employees. The environments they work in or the activities they do there cause their health problems.

Common occupational diseases

Respiratory diseases are often workplace-related. There are hundreds of chemicals used in manufacturing that cause asthma. Employees also breathe in dust, toxic fumes, and fibers.

Musculoskeletal disorders can include injuries caused by repetitive movement, by non-ergonomic workstations, by lifting too much, and by performing physical tasks in awkward ways or for too long without taking a break.

Cancer is a major cause of workplace-related deaths. Specific industries are often associated with specific cancers, based on the carcinogenic chemicals used.

Hearing loss is a common occupational disease for factory and construction laborers. It is also a problem for those whose jobs take place in noisy public spaces, such as bartenders and hospital employees.

More occupational diseases

If people who do a particular kind of job experience particular health conditions more than other people do, those health conditions are probably considered occupational diseases.

Healthcare, lab, and even social workers risk contracting infectious diseases such as tuberculosis. Contact dermatitis, which is common in many work environments, can cause chronic skin diseases.

High-pressure jobs can lead to post-traumatic stress disorder or other mental health problems that may qualify as occupational diseases, as in law enforcement or military roles.

When working injures employees’ health, workers’ compensation laws can help provide a fair resolution.

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Construction work can be a demanding job, both on your schedule and your body. In addition to the challenging hours, you may spend your day working with heavy machinery that can be loud and dangerous.

When you damage the inner workings of your ears, it can be a difficult situation to come back from. While you might be able to find devices to support you, your life can change forever.

Here’s what you should keep in mind when you are working on a loud construction site.

Protection is vital

Wearing hearing protection can be a critical step to maintaining your hearing now and in the future. While it can be cumbersome and make communicating with coworkers challenging, ear protection can dramatically reduce the noise at a site.

You should talk to your employer or union representative about the type of ear protection available to you. Your ear protection should bring the overall noise level down to the 85-decibel range. Keep in mind, if your worksite is particularly noisy (as can be the case with jackhammers and nail guns), you may need to wear both earplugs and earmuffs for protection.

Duration matters

Whether you have constant or limited exposure to a loud work environment, it can do significant damage to your hearing. Anytime you are working in a noisy area, you should use hearing protection.

However, you should keep in mind that the longer you are in a loud area, the more damage can be done to the structures within your ear. The damage may also continue after your exposure has stopped.

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New York is a state filled with all sorts of buildings, from tall skyscrapers to small delis. For these buildings to go from blueprints to real structures, masonry workers help ensure that construction projects get completed. Unfortunately, they’re also working in a profession known for musculoskeletal injuries.

Why does masonry work cause musculoskeletal injuries?

There are several reasons why musculoskeletal injuries are so prevalent among masonry workers. For one, these workers perform several repetitive motions, including lifting blocks and doing lots of bending. It’s not uncommon for a masonry worker to bend forward over 1,000 times per shift.

Another factor contributing to construction injuries in this role is the cramped spaces masonry workers find themselves inside of. While working in confined spaces, masonry workers have to sustain awkward and potentially painful postures for long periods. Moving blocks in these types of spaces can also contribute to shoulder and upper back injuries.

How to prevent musculoskeletal injuries as a masonry worker

Fortunately, there are ways for masonry workers to lower their risk of dealing with musculoskeletal injuries. One way this can happen is by having employers focus on the importance of ergonomics in the workplace. Ergonomics is the study of one’s efficiency while working.

It’s also important for an employer to research how work currently gets performed. By doing this, a company can start identifying methods that need improving or replacing entirely. Some companies are implementing pre-work exercise programs to help reduce musculoskeletal injuries.

Construction companies are also helping masonry workers by purchasing and using adjustable mortarboards. These items allow masonry workers to reduce how often they need to bend forward. Many companies also ensure that platforms masonry workers use to stock bricks and blocks remain above knee height.

In closing, working as a mason is one of many injury-inducing professions throughout the United States. If you recently got injured while working and aren’t getting fair treatment from an employer, consider speaking with a construction accident attorney.

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New York sanitation workers encounter dirt and danger as a regular part of their daily work duties. This fact means that workers in the industry face more injury risks than many other workers. One way sanitation workers can decrease the risk is to familiarize themselves with the most common workplace hazards they face.

Lifting heavy objects

There is no way for sanitation workers to know what objects they will need to lift onto a truck each day. It is not uncommon for these workers to suffer back injuries or develop hernias that lead to workers’ compensation claims. Workers can reduce the risk they face from lifting objects by learning proper lifting techniques. Partnering with other workers to move heavy objects will also mitigate these risks.

Hazardous materials

Sanitation workers can encounter nearly every type of hazardous material possible while performing their job duties. Items commonly left in trash include battery acid, pesticides, hypodermic needles, and bleach. These materials place sanitation workers in constant danger for infections, respiratory damage, burns, poisoning, and other serious health issues. Some of these risks are difficult to mitigate. But workers can protect themselves by wearing boots, long-sleeved shirts, long pants, and gloves while working.

Pests

Rodents and small animals often search through trash for food to eat. Most workers will have regular encounters with mice, rats, and roaches. But there are times when animals as large as bears forage through residential trash for food. Animal bites can cause rabies and other diseases. Workers should also be careful of handling dead animals as they can also be disease carriers.

Passing vehicles

It may come as no surprise to some people that motor vehicles represent the biggest threat to sanitation workers. Workers spend much of their workday either hanging from the back of a truck or working in the street. For this reason, sanitation work ranks near the top of the list for professions that encounter motor vehicle damage.

A workplace injury can cost a worker months of recovery time along with permanent damage to their ability to earn a living. Individuals who suffer an injury while working may benefit from a consultation with a workers’ compensation attorney.

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Employers are required to take reasonable steps to minimize the risk of construction site injuries. However, despite a New York contractor’s best efforts, there is a chance that you might get hurt while on the job. Let’s take a look at some of the most common types of construction site accidents.

Falls from heights can result in serious injury or death

OSHA regulations state that workers must be given protective equipment while performing tasks more than six feet from the ground. However, there is no guarantee that a guardrail will support your weight or that a harness won’t snap unexpectedly. If you don’t have access to safety gear while working at heights, a fall might result in broken bones, internal bleeding or a concussion.

You might be hit by a falling object

Even if you aren’t working on an elevated platform, you could still be injured by others who are working at heights in your general vicinity. This is because you could be at risk of being hit by a power tool, toolbox or chunk of debris that is dislodged from that adjacent work area. Ideally, you’ll wear a hard hat, eye protection and other gear designed for use on construction sites. If you are hit by a falling object, report the incident to your employer, seek treatment and consider filing a workers’ comp claim.

Extreme weather can increase your chances of getting hurt

You might be vulnerable to frostbite, hypothermia or other health issues while working outdoors during periods of extremely cold weather. Furthermore, you could be at risk of heatstroke while working during periods of extreme heat or humidity. If you hear thunder, see lightning or otherwise believe that a storm is approaching, it is important to head inside immediately.

If you’re hurt at work, an attorney may be able to help you obtain financial compensation in a timely manner. He or she might be able to walk you through the process of filing a workers’ compensation claim or ensure that your pending claim is processed in a timely manner.

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Ideally, employers in New York and around the country will take whatever steps are necessary to minimize the risk of employee hand injuries. Doing so may improve employee morale while reducing turnover within the organization. In addition to steps that your employer may take to keep you safe, there are actions that you can take to reduce your chances of getting hurt on the job.

Make yourself aware of safety hazards

The first step in minimizing the risk of injuries on the job is to stay cognizant of the dangers that you may face. These dangers may include constant bending or lifting during a shift or being asked to perform tasks without the tools needed to complete them safely. A company might minimize these and other hazards by upgrading existing equipment or by changing how a given task is performed.

Make sure to wear gloves

Research has found that 70% of employees who experienced hand injuries weren’t wearing gloves at the time that they were hurt. In most cases, workers refuse to wear gloves because they are heavy, make their hands sweaty or make it harder to grip objects. However, gloves that are made from ultra high molecular weight polyethylene (UHMWPE) can provide significant protection against cuts without being heavy or bulky.

Take training classes seriously

Losing a finger or hand could make it difficult to perform simple tasks such as buttoning a shirt or opening a jar. Therefore, it is important to learn as much as possible during any training courses that your company offers. If you have any questions or concerns during or after such a class, be sure to communicate them to your supervisor. Doing so can help to foster a dialogue that might help you and your colleagues avoid unnecessary injuries.

If you are hurt at work for any reason, you may be entitled to workers’ compensation benefits. It might be advisable to have an attorney’s assistance when you are preparing your claim and in appealing an adverse decision.

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