Workers’ Compensation Lawyer for Laborers
The nature of a laborer’s job routinely exposes him or her to serious hazards on a daily basis. In fact, the construction industry is considered to be one of the most dangerous industries to work in. This is probably why the construction industry records about 21 percent of all workplace fatalities. Beyond that, there were 2.8 illnesses or injuries out of every 100 workers in 2017, the year for which data was most recently available.
If you have been injured on the job, get in touch with us to discuss your options. Call Hill & Moin LLP today at (212) 668-6000 to speak to one of our qualified workers’ compensation lawyers.
Your Immigration Status is Irrelevant
If you have been injured in a work-related incident as a laborer, you may be entitled to filing a workers’ compensation claim. Your immigration status does not matter. This is why you should get in touch with a highly experienced workers’ compensation lawyer who understands the complexities of cases like yours.
is a top-rated personal injury law firm in New York City that also caters to laborers injured on the job. Our attorneys are not only bright and highly experienced with laborer cases, but we also understand what it takes to get you the compensation that you need if you have had a work-related accident.
We know that some laborers in New York have immigration issues. However, don’t let these concerns stop you from pursuing your rights. You are covered by many labor and employment laws regardless of your immigration status.
Who is an Employee Under New York’s Workers’ Compensation Law?
According to workers’ compensation law, anyone who provides services for a for-profit organization is considered to be an employee. Therefore, the company you are working for must have adequate workers’ compensation insurance in place. This way, if you are injured on the job, you can file an insurance claim and get your rightful benefits.
All laborers in the State of New York are covered by workers’ compensation law. However, there are some exceptions to this law, and these are guided by certain factors. Before you can be considered as an employee under workers’ compensation law, the following factors must be considered:
- Right to control – This applies if an organization controls your time and the manner in which you do the work.
- The character of work is the same as the employer’s – This means that the work you do for the company is the same as what the company does. For example, a farming business hiring you to work as a farmer on their land.
- Method of payment – If the employer pays you hourly, daily, weekly, or monthly; or provides other benefits and/or withholds your taxes, you are considered to be an employee. It does not matter if you are paid in cash or by check; as long as there is an exchange of money for your time and/or services, you are an employee.
- Furnishing materials or equipment – If a company provides you with PPE or equipment, you are considered to be an employee under workers’ compensation law.
- The employer retains the right to hire or fire – If the organization has the ability to hire and fire you, it implies that you are working for the employer as an employee.
All the above factors are considered if there is any doubt about you being an employee of the organization or the entity that hired you. It is important to highlight the difference between employees and independent contractors when filing a workers’ compensation claim in New York.
While the workers’ compensation claim process for many laborers is pretty straightforward, it can also be quite complicated. The complexity of a case often depends on whether the insurance company is willing to pay the recommended benefits or not.
Ultimately, it is safer and more practical to have an experienced workers’ comp lawyer from Hill & Moin advocating for you. With our legal support, your workers’ comp claim will be easier and less stressful.
Call Hill & Moin LLP today at 646.762.1234 to speak to one of our experienced workers’ compensation lawyers.
What are the Grounds for Filing a Workers’ Compensation Claim?
If you were injured while carrying out work-related activities, then you are eligible for the right to file a workers’ comp claim in New York. This makes it possible for you to secure compensation for your injuries.
Workers’ compensation claims are not just restricted to physical injuries sustained on the job. The same thing applies to health problems developed as a result of working on the job. For example, if you developed a respiratory disease from inhaling asbestos on a construction site, you can file a workers’ comp claim.
Further, the accident or injury may not have occurred on the site, farm, or office, but you may still qualify for work comp benefits. For example, if you were injured in a motor vehicle accident while transporting roofing materials from the store to the construction site, you can file a workers’ comp claim.
The bottom line is: As long as you were engaged in some sort of labor on behalf of your organization or employer while you sustained the injury, you are eligible and have adequate grounds to file a claim.
You should also be aware that employers are never allowed to discriminate against injured workers who file for compensation. If you need help regarding how to go about filing a workers’ comp claim, our workers’ compensation lawyers at Hill & Moin can help you.
Most Common Causes of Accidents for Laborers or Construction Workers?
Most injured workers are victims of someone else’s negligence or carelessness. Most accidents that cause significant injury, pain, and suffering can be prevented with adequate safety practices and measures put in place. The good news is that many organizations already have set such safety measures.
Unfortunately, human errors, laxity, negligence, and carelessness mean that accidents still happen on worksites in the state. Some of the more specific causes of accidents and injuries in New York include:
- Tripping hazards – These hazards typically cause a lot of falls at the worksite
- Lack of fall protection for workers on higher or elevated platforms
- Lack of guards or missing protection on power tools
- Electrocution hazards
- Stress and fatigue
- Poor lighting conditions
- No protection for people from falling objects – This is what is responsible for the commonly known “struck by object” scenarios
- Caught in or in-between an object
- Poorly maintained equipment
- Poor safety precautions for people working on or near electrical installations
- Hazardous and unsafe conditions on properties
- Repetitive and heavy lifting
Any such accident can bring significant injuries and preventable wrongful death to the workplace every year. In fact, according to OSHA, eliminating the main 4 causes of accidents in construction sites alone would save 591 lives every year.
What are the Most Common Injuries Among Laborers?
There are many eligible work injuries that workers can use to file their compensation claims.; the New York workers’ compensation law lists many of these. The law also covers occupational diseases that may arise while you work as a laborer.
Some of the more common injuries include fractures, dislocations, muscle sprains, burns, severe bruising, deep cuts and lacerations, and amputations. Please note that if you sustained a mild injury, you may not qualify for benefits. If your injury required a lot more than just first aid to treat the injury, though, you may be eligible to file a compensation claim.
If you have a pre-existing condition that is worsened by doing specific work-related tasks and results in significant injury, you may also be able to file for workers’ compensation. However, it will take some effort to prove your case. The complexities of filing a workers’ comp claim are best discussed with a very experienced personal injury lawyer who knows how to help you secure the best possible compensation benefits.
What are New York Workers’ Compensation Benefits?
If your claim is approved, you will start receiving workers’ compensation benefits from your employer’s insurance carrier. These benefits will help cover lost wages, pay for your medical treatment, and take care of other costs brought on by your injury.
Yet, these benefits may have an expiry date depending on the terms of the claim. Usually, the benefits you receive will last until you are well enough to return to work or until the allowed duration lapses. Your benefits are also a fraction of your ideal weekly wages – usually two-thirds of your weekly wages. These payments are designed to take the place of all lost wages and provide you with a means to pay for your medical treatment for the agreed duration.
Talk to a New York Workers’ Compensation Lawyer
The truth is that filing for workers’ comp can be confusing for the average individual. The process can be quite complex, and the documentation, difficult. You need an experienced, result-oriented lawyer who is qualified to help you, even if you have concerns about your immigration status.
Hill & Moin LLP is a top-rated New York-based personal injury law firm that is highly experienced in a wide range of workers’ compensation cases for laborers and construction workers. Don’t be scared of claiming your rights or worried about being victimized. We will help make sure that you not only get fair compensation but also ensure that you are never victimized.
Call Hill & Moin LLP today at (212) 668-6000 to schedule a free consultation today. Don’t wonder about your rights!
