Obtaining compensation for a construction site injury

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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