Who Pays My Medical Bills and Lost Wages after a Construction Accident in Brooklyn?
An experienced attorney can help you identify all potential sources of compensation
If you’ve been injured on a construction site in Brooklyn, you may be entitled to compensation for your medical bills and lost wages. Construction accidents frequently occur in this borough, with Brooklyn accounting for a significant portion of New York City’s construction injuries and fatalities.
In fact, nearly 1 out of 4 construction accidents in the city happen in Brooklyn, resulting in numerous injuries and tragic losses. In some years, the majority of construction-related fatalities in New York City have taken place at Brooklyn job sites, according to City of New York construction accident statistics.
When construction accidents happen, medical bills can pile up fast, especially if emergency care is needed at facilities like Mount Sinai Brooklyn or the Brooklyn Hospital Center. On top of that, many injured workers face a loss of income while they take time off to heal.
So, who covers your medical costs and lost wages after an injury on the job site? The Brooklyn workers’ compensation attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP are here to help you navigate the system and fight for the compensation you deserve.
What are the most common Brooklyn construction accidents?
Certain types of construction accidents occur more frequently in Brooklyn. According to data from the City of New York and the U.S. Bureau of Labor Statistics (BLS), falls from heights are the leading cause of construction injuries in New York City. About 36 percent of construction injuries result from falls. Additionally, falls account for 8 out of 11 construction-related fatalities citywide.
Other common causes of construction injuries in Brooklyn include:
- Falling construction materials (second most common cause)
- Mechanical equipment accidents (third)
- Scaffolding accidents (fourth)
- Excavation-related accidents (fifth)
All other types of construction accidents are grouped together for Brooklyn and other boroughs across New York City.
Common injuries in Brooklyn construction accidents
Construction accidents in Brooklyn often lead to a range of serious injuries, including:
Back injuries
Heavy lifting, falls, or equipment accidents can cause severe back pain and long-term issues.
Shoulder injuries
Strains, tears, or dislocations are common from falls or repetitive motions.
Knee injuries
Falls, heavy lifting, or equipment mishaps frequently lead to knee damage, requiring surgery or physical therapy.
Neck injuries
Falls, impacts, or awkward movements can result in strains, whiplash, or more serious neck trauma.
Head and brain injuries
Falls or being struck by objects often result in traumatic brain injuries (TBIs) and concussions, which can have long-lasting effects.
Broken bones
Fractures are common from falls, equipment accidents, or being struck by heavy objects.
Lacerations and cuts
Sharp tools or materials can cause deep wounds that require immediate medical attention.
Burns
Contact with hazardous substances or electrical accidents can lead to severe burns.
What are common medical expenses for construction accidents?
Medical bills can pile up fast after a serious Brooklyn construction accident. Some of the most common medical expenses often associated with construction injuries in Brooklyn include:
- Emergency room visits – Immediate medical care for serious, life-threatening injuries.
- Diagnostic tests – X-rays, MRIs, or CT scans to determine what type of injury someone sustained in a construction accident.
- Surgeries – For broken bones, spinal injuries, internal bleeding, organ damage, or other life-threatening injuries.
- Hospital stays – Extended care and observation after major injuries that require 24/7 hospital care.
- Physical therapy – To recover strength and mobility after a serious injury.
- Medications – Pain relief, infection prevention, or other necessary drugs.
- Medical equipment – Crutches, braces, or wheelchairs for mobility issues.
- Follow-up doctor visits – Ongoing care to monitor an injured construction worker’s recovery.
- Psychological counseling – For trauma or emotional distress caused by the accident.
Add all these medical expenses together, and injured Brooklyn construction workers could easily face a mountain of medical bills.
Who pays the medical bills for Brooklyn construction accidents?
Most work-related medical bills are paid for by an injured worker’s workers’ compensation insurance provider. Nearly all employers in New York are required to have workers’ compensation insurance. This insurance exists for this exact reason – to pay for medical care for injured workers hurt on the job.
So, if you got hurt while working at a construction site in Brooklyn, you will likely need to file a workers’ compensation claim with your employer’s workers’ compensation insurance provider and the New York State Workers’ Compensation Board.
However, it’s important to understand that the workers’ compensation application process can be complicated. And if you make a mistake or miss a deadline, your workers’ compensation claim application could be denied.
Who pays for lost wages if you cannot work due to your construction injury?
Just like medical bills, workers' compensation often covers replacement income for injured construction workers. So, if you have already filed a workers’ comp claim for medical expenses for your Brooklyn construction accident, you’re all set. You don’t have to fill out another workers’ compensation claim application.
How lost wages are calculated for injured Brooklyn construction workers
In New York, workers’ compensation benefits are calculated at two-thirds of your Average Weekly Wage (AWW). The AWW is determined by the New York State Department of Labor based on the wages from the previous calendar year. For instance, if the AWW is $1,757.19, the maximum weekly benefit would be $1,171.46.
To calculate the AWW, your total earnings over the past 52 weeks are divided by the number of days worked. This gives an average daily wage, which is then multiplied by a set number, such as 260 for employees working five days a week or 200 for seasonal workers. The result is then divided by 52 to get your AWW.
Several factors can affect your AWW calculation, including:
- Working multiple jobs during the year
- Working fewer than four days per week
- Not having worked a full year before the injury
- Being under 25 years old at the time of injury
- Holding more than one job at the time of the accident
These factors can impact the final compensation amount, making it crucial to have a clear understanding of how your AWW is calculated to ensure you receive the benefits you’re entitled to.
What is the deadline for applying for workers’ compensation benefits?
You cannot miss certain important deadlines when applying for workers’ compensation benefits in New York. The first is 30 days. Within 30 days of your work-related injury, you must notify your employer that you sustained an injury on the job.
The other important deadline is two years. You must submit your Form C-3 application for workers’ compensation benefits with the New York State Workers’ Compensation Board within two years of your work-related injury.
Other deadlines may apply as well in certain circumstances. For example, your employer must abide by certain strict deadlines when it comes to workers’ compensation. In particular, your employer must inform your workers’ compensation insurance provider of your injury within 10 days of you notifying your company.
Can I receive compensation from other sources besides workers’ comp?
In some cases, yes. This is especially true in cases involving construction accidents. That’s because there is often more than one company working at the same construction site. If someone from another company caused your construction injury, you may be able to take legal action against the other company and demand additional compensation from them.
This additional money often is the result of a third-party lawsuit. However, for your third-party lawsuit to be effective, you must prove that the other company was at fault and caused your injury.
Also, remember that this money would be in addition to what you receive from your workers’ compensation benefits. You can and should receive both workers’ compensation benefits and money from a third-party lawsuit if another company caused your injury. That’s how the legal system works in Brooklyn and throughout New York.
What if my workers’ compensation application is denied?
Sometimes, workers’ compensation claim applications are denied for one of the following reasons:
- Clerical error.
- Mistake on the application.
- Workers’ compensation insurance provider believes the injury did not occur at work.
- The insurance company believes the injury is a pre-existing medical condition.
Whatever the reason, you have the right to appeal your denied workers’ compensation claim. However, you need to act fast. In most cases, you must submit your appeal within 30 days to the Appellate Division of the Workers' Compensation Board, Third Department, Supreme Court of New York. That's why it's critical to consult with a Brooklyn workers’ compensation attorney who knows how to handle denied claims.
Why should I hire a Brooklyn workers’ compensation attorney?
It’s important to understand that medical bills and other expenses can add up fast after such serious accidents. This is why you need a Brooklyn construction accident lawyer on your side to handle your case and help you find your way forward.
The highly skilled attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP have decades of experience handling complex legal cases involving injured New Yorkers. We know how the legal system works in Brooklyn and won’t waste a second getting right to work on your claim.
Get the Brooklyn law firm that fights for hardworking New Yorkers just like you. Contact us and schedule an appointment with an attorney you can count on in a crisis. We have 12 offices conveniently located in New York, including two locations in Brooklyn.
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