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Fault does not usually affect workers' compensation

In most personal injury cases, at least one party must be found negligent in the circumstances that caused the injury. A driver speeding through a red light would likely be at fault for any injuries suffered by victims in a resulting car accident. It is this fault that determines whether or not victims recover compensation. However, for personal injuries that are suffered on the job, such fault is not usually a factor.

Imagine you are atop a ten-foot-tall ladder trying to install a fan in your friend's house, which has vaulted ceilings. As you are installing the fan, you lose your footing and fall to the floor, suffering a concussion and breaking your arm. In this circumstance, your chances of recovering any kind of compensation are not very high, because nobody was at fault for your injury. It was simply a tragic accident.

Now imagine the same scenario, but instead of installing the fan as a favor to a friend, you are installing the fan as a construction worker on the job. In such a situation, you would likely be able to recover compensation for your injuries thanks to workers' compensation benefits. The fall from the ladder is just the type of occupational hazard that workers' compensation is designed to protect against.

The purpose of workers' compensation benefits is to provide financial assistance to workers who are injured while performing the functions of their job, and there are few workers who face a higher risk of job-related injury than construction workers. New York construction workers who are injured while working should know that they do not necessarily have to prove fault to recover compensation. If you were injured on the job and your claim was denied, please visit our web page. We may be able to help you recover the compensation you deserve.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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