I was injured in a construction accident when I was electrically shocked at a job site. I was unable to work for more than six months, and have received nothing from my employer. Can I receive compensation for my injuries?
Yes. If you were injured in a construction accident, you likely have more than one legal claim available to you. This post covers your construction accident workers compensation New York claim. A second claim under New York Labor Law will be covered in Part 2.
What to Do Immediately After a Construction Site Injury
The steps you take immediately after a construction accident workers compensation New York claim can significantly affect your recovery. First, seek medical attention immediately — even if you feel you can continue working. An electrical shock, even one that seems minor, can cause internal injuries that are not immediately apparent. Second, report the accident to your employer or supervisor in writing the same day. Third, document everything: take photos of the job site, the equipment involved, and your injuries.
New York requires injured workers to notify their employer of a workplace injury within 30 days of the accident. Missing this deadline can jeopardize your entire Workers’ Compensation claim. There is also a two-year statute of limitations to file a claim with the Workers’ Compensation Board.
Starting A Workers’ Compensation Claim
The first claim available to you is through Workers’ Compensation. Workers’ Compensation benefits provide medical care and lost wage benefits. I am assuming that you are not in a union. Local 3 electricians have extensive Workers’ Compensation protection, and the union has its own private venue for union electricians injured on the job. Since you are a non-union electrician, your claim for Compensation benefits will be handled like all other Compensation claims.
Since it has been six months and you have received no Compensation benefits, there is likely a problem with your employer. If your employer has Workers’ Compensation insurance, you should file a C-3 claim form with the Compensation Board. Once you file a C-3 claim form, the Board indexes your case and notifies the carrier. You can also look up your employer’s insurance carrier through the Compensation Board’s online system.
When Your Employer Has No Compensation Insurance
If your employer has no Compensation insurance, you have a choice of remedies: (1) you can sue your employer in Supreme Court for your injuries, or (2) pursue a claim in the Compensation Board with the Uninsured Employer’s Fund.
If you elect to sue your employer in Supreme Court, you get two benefits. First, you can sue for pain and suffering in addition to lost wages and medical bills. Second, under Workers’ Compensation Law § 11, your employer may not offer any evidence of the employee’s negligence in the accident — meaning you only need to prove the slightest negligence on your employer’s part.
However, this may not be the wisest course. If your employer has been out of contact for six months, there is a strong likelihood that the entity that hired you has closed. You would win your lawsuit but collect no money. In those circumstances, your best option is to pursue a Workers’ Compensation claim with the Uninsured Employer’s Fund.
Once you pursue a Workers’ Compensation claim, you cannot sue your employer for pain and suffering. Workers’ Compensation Law § 29. But since your former employer is likely insolvent, you are giving up nothing while gaining medical coverage and lost wage benefits.
Electrical Injuries on Construction Sites
Electrical shock injuries on construction sites are among the most serious workplace injuries. They can cause cardiac arrhythmia, nerve damage, severe burns, and neurological disorders that may not manifest for weeks after the accident. New York construction accident workers compensation New York claims for electrical injuries frequently involve disputes with insurance carriers over the full extent of injuries, because many of the effects of electrical shock are not immediately visible on imaging studies.
It is critical that you see a physician who is experienced with electrical injury — not simply an emergency room doctor who may clear you after treating the visible burn. The Workers’ Compensation Board requires that your treating physician document your injuries thoroughly to support your claim for full benefits.
Your Labor Law Claim
Workers’ Compensation is not your only remedy. If you were injured on a construction site due to unsafe conditions or defective equipment, you may also have a claim under New York Labor Law §§ 200, 240, and 241 against the general contractor and property owner — parties who are not your employer and are therefore not shielded by Workers’ Compensation law. This claim allows you to recover pain and suffering damages, which Workers’ Compensation does not cover. That claim is covered in detail in Part 2.
By James Santner, Esq.
If you have been injured in a construction accident and have questions about your rights, contact us. Consultations are free and there is no fee unless we win.