Construction Accident Lawyer – Queens, NY
If you have become ill or injured while working in the construction industry, it is possible that you can apply for, and receive, workers’ compensation benefits. These benefits include a certain amount of lost wages, as well as, medical coverage. As long as you qualify, you may recover the benefits regardless of whether you may be partially or wholly responsible for what happened. In exchange for this compensation, you do not generally have the right to file a lawsuit against the employer. However, there are a few situations in which this rule may not apply. There are also legal alternatives that injured workers can explore if they are not eligible for these benefits. In either event, the legal team at Polsky, Shouldice & Rosen, P.C. is eager to help ensure that, if you have been injured while working construction, you receive all compensation to which you are entitled. Please schedule a consultation with our Queens, New York construction accident lawyer team today in order to explore your options fully.
Are You Eligible for Workers’ Compensation?
In general, there are a few standard requirements that you must meet in order to be considered eligible for workers’ compensation benefits.
- You must be a current employee (special factors apply in certain cases)
- Your employer must have workers’ compensation insurance
- Your injury or illness should have been a result of your job
- You must file for workers’ compensation by the deadline, and you must have reported the injury within a period of time
An experienced Queens, NY construction accident lawyer can clarify your eligibility after learning about your circumstances. If you are an independent contractor or temporary worker, you may benefit from speaking with us about compensation alternatives.
Employee and Employer Requirements
In general, most employers carry workers’ compensation coverage. In fact, in most states this is a legal requirement. Some states will also allow the employee to opt in for workers’ compensation coverage. In this case, if you did not opt in for the coverage, you may be unable to recover benefits.
Workers’ compensation insurance is usually provided through a private company; however, some states have a special fund. The federal government has established its own workers’ compensation programme so any employee of the federal government will have separate rules to follow. A Queens, NY construction accident lawyer can explain how New York law applies in your situation.
Not all employees will be able to receive benefits. Independent contractors, such as a consultant or freelancer generally cannot recover workers’ compensation benefits. However, it is certainly possible for an employer to misclassify an employee so as to avoid paying payroll taxes or other premiums. Even if you have signed and agreed to a 1099 tax form, it may be possible to receive workers’ compensation benefits. As a result, you may benefit from consulting a Queens, NY construction accident lawyer for more information instead of making decisions according to general rules.