- October 29, 2024
- Tucker Law
- Construction Accident
While every industry carries its risks, very few are as dangerous as the construction industry, where hazards are significantly higher. Workers in construction usually face a wide range of risks on the job, including heavy machinery, which make the potential for accidents high. Falls due to great heights or unstable scaffolding are common on construction sites. There is also the risk of being struck by falling objects or machinery, as construction sites are filled with tools, materials, and vehicles that can be very dangerous.
Workers have to be protected in this industry, where accidents can happen anytime. However, not all workers are covered equally, raising an important question: Does the safety net cover all workers or just employees? Do independent contractors also have this protection?
Getting answers to these questions involves understanding the difference between these two types of workers and their eligibility for workers’ compensation. It is also essential for both companies and workers to know and understand who should be covered by workers’ compensation. In this blog, we will break down the distinctions, answer the questions, and explore who should be covered when an injury occurs on a construction site.
You can contact us if you or a loved one has been injured while working at the construction site. Whether you are an independent contractor or an employee, our lawyers will help you file the right type of claim to provide the compensation you deserve.
Why Hire Our Workers’ Compensation Lawyers to Help You?
At Tucker Lawyers, we have a team of experienced workers’ compensation attorneys who are adept in helping workers, whether seasonal, part-time, full-time employees or independent contractors. We have a profound knowledge of workers’ compensation laws and understand their complexities. We will provide personalized attention and expert legal guidance to ensure you secure the benefits you deserve. Our lawyers will handle your insurer and work tirelessly to make sure you get what you need for the injuries you sustained.
We will support, help, and guide you throughout the legal process, ensuring you understand your rights.
Our attorneys will conduct a comprehensive evaluation of your situation to determine the best course of action. We have a proven track record that demonstrates our ability to represent, support, advocate for, and achieve favorable outcomes for our clients. If you need a team of reliable and competent lawyers by your side, do not hesitate to call us. Contact us at (516) 399-2364 to learn more about our services.
Defining Employees and Independent Contractors
Employees are individuals who work directly for a company. They are under the company’s control and supervision. The employer dictates their hours, assigns tasks, provides tools and equipment, and determines how the work should be performed. Employees are usually on the company’s payroll. They receive a regular salary and may also be entitled to health insurance, workers’ compensation, and retirement plans.
On the other hand, independent contractors are self-employed individuals or businesses that provide services to a company on a contract basis. They have more control over how they perform their work, set their schedules, use the tools and equipment, and decide how tasks will be completed. Independent contractors are usually paid per project or assignment and are responsible for their taxes and insurance, including workers’ compensation. Independent contractors are not entitled to employee benefits because they are not under the company’s direct control.
Workers’ Compensation Coverage in Construction
Construction employees are entitled by law to receive benefits through their employer’s workers’ compensation insurance when they suffer work-related injuries. As a construction employee, if your injuries prevent you from working or from earning as much as you used to before the accident, you may be entitled to compensation or benefits that make up two-thirds of the wages you usually earn, up to a maximum amount allowed by the New York state law.
This specific amount you will receive will be determined by the percentage of disability, which is either decided by the Workers’ Compensation Board or an amount that both you and your employer agree on. Workers’ compensation for construction employees includes compensation for medical bills, rehabilitation, and lost wages.
The case for independent contractors is different. Independent contractors are not entitled to any form of worker benefits from the company to which they are contracted. Since they are considered self-employed, independent contractors are responsible for securing their insurance.
This distinction between workers’ compensation coverage for employees and injury compensation for independent contractors is especially important in construction. If an independent contractor is injured, the company that hired them is usually not responsible for paying compensation. Instead, the contractor has to rely on their insurance.
Special Rules for Construction in Some States
Some states have special rules for workers’ compensation in the construction industry due to the high-risk nature of the work. Construction companies in New York are required to carry workers’ compensation insurance for all employees, including part-time and seasonal workers. This ensures that workers injured on the job are covered for medical expenses and low wages.
New York has strict regulations to protect workers and hold employers accountable. For instance, under the New York Scaffold Law (Label Law Section 240), employers and contractors can be held fully responsible for the injuries caused by falls or accidents that occur during scaffolding and other heights-related work. This law, which carries significant penalties for non-compliance, provides additional protection to construction workers who face risks from working at elevated heights. There are also different laws, such as NY Labor Law 241, which describes the types of safety equipment that building owners and general contractors must provide, failure to do so can result in severe consequences.
While some states have less strict requirements, New York has tough ones. New York laws aim to ensure construction workers receive compensation. They need it if injured, regardless of their role or the project. Independent contractors, however, are not covered by these laws unless specific coverage has been arranged.
What to Do If You’re Injured
As a construction worker, if you have been injured on the construction job, there are a few steps you should take to protect your health and your rights. By following the steps below, you can increase the possibility of receiving the compensation and care you deserve after a workplace injury at a construction site. The following are the steps:
- Seek medical attention.
- Report the injury to your employer.
- Keep records of all your medical visits, the treatment you received, pictures of the injury, and the site where it happened. Document everything.
- File a Workers’ Compensation claim.
- Consult Tucker Lawyers
We have successfully helped many clients achieve their legal objectives; their positive reviews are a testament to our commitment and dedication to each case we take on.
Have You Or a Loved One Sustained Injuries While Working At a Construction Site? Let Us Help You File a Compensation Claim!
At Tucker Lawyers, we have experienced lawyers who can help you handle all the legal processes involved in your case. We can help you build a solid case to support your claim. By understanding the coverage that employees and independent contractors are entitled to, you can make successful compensation claims when you get injured while working. Contact us today at (516) 399-2364 to learn how we can help you.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]