The Law Offices of Sher, Herman, Bellone & Tipograph

Jun 1, 2017

Construction sites in New York City and elsewhere sometimes involve the collapse of part or all of a building that is under construction. This happened in another state recently when an apartment complex unit under construction collapsed, injuring 13 workers. In the realm of construction injuries, these were relatively gruesome, although fortunately no one died.

Each of the injured workers is qualified to collect workers’ compensation benefits due to being injured while performing work duties. Although fault is not relevant to the process of being qualified to receive workers’ comp benefits, it is worth noting that buildings generally don’t collapse without there being a lack of safety precautions and other negligence. If the collapse occurred through the negligence of third party entities, other than the worker’s employer, he or she may have a personal injury claim over and above the limits of the workers’ compensation benefits.

The first step in construction accidents is for the worker to obtain the necessary medical treatment without delay. At the time, or as soon as feasible, the worker must fill out an incident report provided by the employer, along with giving an immediate oral and/or written statement to the worker’s supervisor where reasonably manageable. If the worker is seriously injured, the employer must take steps to process the workers’ compensation benefits through the compensation carrier without delay. This may at times require cooperation from the worker’s immediate family.

Whenever there is a question of benefits or whether additional benefits or personal injury claims from construction injuries are appropriate, this information may be obtained in a free consultation with an experienced workers’ compensation attorney. The services of a workers’ compensation attorney in New York City may usually be obtained with no money up front. One should not hesitate to seek professional services if the processing of benefits is questioned by the employer or if other complications of any kind arise.

Source: kron4.com, “VIDEO: 13 workers injured in Oakland construction site collapse”, Emily Kirschenheuter and Julianne Herrera, May 26, 2017