If you or a loved one works in construction in New York City, you need to know about some recent changes that could have a major impact on your rights as a construction worker.
With these legislative shifts, it’s more important than ever to stay informed in the event that you’re injured on the job. By understanding these changes and taking proactive steps to protect your financial future, you will be in a better position for a smoother process if ever you need to file a workers’ comp or personal injury claim.
And so, to learn more about the future of construction law and workers’ compensation in NYC, please continue reading. Alternatively, you can call the experienced New York construction injury attorneys of Schwartzapfel Lawyersat 516-342-2200 or schedule your free consultation online today.
What Legislative Changes Have Been Made In The Construction Industry?
New York State’s recent changes to workers’ compensation laws have big-time implications for construction workers, and staying ahead of the curve is critical. Below, we’ve broken down the need-to-know changes so that you can maintain your rights and, in the event of a work-related injury, will be able to recover all the money and benefits you’re entitled to.
Collateral Estoppel
In the past, the legal principle of collateral estoppel helped prevent redundant litigation in workers’ compensation cases. Essentially, if the judge ruled that a worker committed fraud, the decision could be applied to other related claims.
With the passage of Senate Bill S9149, however, that’s all changing. Now, workers’ comp administrators must prove fraud for each individual claim in question. For workers, this means it’s even more important to keep detailed records and report any injuries accurately and without delay.
To this end, if you or a loved one is ever unfairly accused of fraud, please don’t hesitate to seek qualified legal advice so that you can defend yourself at every turn. With that in mind, you can call Schwartzapfel Lawyers at 516-342-2200 today. Both in and out of court, it will be our honor and privilege to fight — and win! — for you.
Disqualification Due To Misrepresentation
Section 114a may finally provide some relief for employees who have wrongly been denied benefits due to false claims. However, it also means that workers who lie about the severity of their injuries and (in)ability to work or attempt misrepresentations can now be disqualified from receiving benefits.
In this way, the importance of being truthful throughout the claims process cannot be overstated.
Accurate reporting ensures that the system remains fair and efficient, directing resources to those who genuinely need them. Workers must understand that any attempt to deceive or exaggerate their condition can result in severe consequences, including the loss of benefits and potential legal repercussions.
Carrier Right To Lien Recovery
Construction accident lawsuits often involve multiple parties. If an injured worker receives workers’ compensation benefits, the insurance carrier has the right to file a lien to recover those payments.
While this process can be complicated, understanding lien waivers is absolutely critical to the success of your workers’ comp claim. By waiving your right to workers’ compensation in exchange for a settlement, you could potentially avoid future claims from the insurance company, reducing your long-term worries.
Construction attorneys with experience successfully handling New York cases can help you both legally and financially if you’ve been injured. Reach out to Schwartzapfel Lawyers today at 516-342-2200 for a free consultation to discuss your situation.
What Are Proactive Strategies Your Employers Might Take To Reduce Claims?
Businesses should approach their construction sites with the same care you’d take securing evidence. By knowing why your employer might add these new day-to-day practices, you can protect yourself from claims of fraud or misrepresentation.
In light of these new construction laws, you shouldn’t be surprised if your employer starts taking additional steps to protect themselves in the event of a claim, including:
- Sign-in Sheets: A simple log tracking everyone who enters the site each day can be evidence regarding who was (and wasn’t) present when an alleged accident occurred.
- Photos And Incident Reports: Just like you should photograph the scene of an accident, employers also probably won’t want to leave anything to memory. Employers may begin photographing the site conditions, injuries, and equipment involved in any accidents. They should also pair it with a detailed incident report that outlines the who, what, when, and how.
These steps don’t just help your employer during litigation. While you should always compile your own evidence to prevent fraud on your employer’s end, complying with updated documentation practices can weaken their case against you if they choose to dispute your workers’ compensation claim.
And in the process, it can make your workplace safer for everyone, not just your employer. Below, find additional steps you might consider asking your employer to take to protect themselves and their workers more effectively.
Gather The Right Evidence
Video surveillance on construction sites can be invaluable as a tool for maintaining safety and accountability. In effect, it provides clear, time-stamped footage that can answer important questions, such as:
- Were you truly injured as claimed?
- Did you follow safety protocols?
- Did someone else cause the accident?
In addition to providing evidence, video surveillance can act as a deterrent. Knowing they are being monitored, companies may be less likely to engage in unsafe business practices.
If your worksite has cameras, your company shouldn’t be relying on memory cards alone for video storage. As such, you might consider asking your supervisor or manager to invest in a secure storage solution to prevent accidental deletion or tampering, which, unfortunately, does happen.
Track Site Traffic
If your workplace uses turnstiles and ID cards, they’re an effective way to help reduce liability. When an accident occurs, insurance companies and investigators need to know exactly who had authorization to be on the site.
This type of access control limits your employer’s potential liability by preventing trespassers and other unauthorized personnel from making fraudulent claims. Moreover, it increases the likelihood that only individuals with proper safety training are allowed on-site.
Maintain Regular Training
OSHA standards exist for a reason. They are the bare minimum safety standards for employers. Of course, your employer should go above and beyond to keep you safe, and that means having safety training that’s regular, engaging, and tailored to your specific job sites and tasks.
Well-documented training programs benefit everyone. If a dispute arises, your training can serve as evidence if you need to file a claim.
Enforce Wearing Protective Gear At All Times
From hard hats to safety goggles to boots, you should be required to wear protective gear on the job site. You know this is important for safety reasons, but a consistent policy also creates a cultureof safety. When everyone adheres to PPE requirements, it minimizes the chances of preventable injuries and the costly claims that come with them.
Workers who put themselves and others at risk by ignoring safety gear have no place on the work site. If you notice reckless practices, don’t hesitate to report them. This might seem harsh, but it’s the kind of decision that could save you from an injury down the line.
But if you do get injured and require trusted legal counsel, we invite you to reach out to Schwartzapfel Lawyers today by calling 516-342-2200. Don’t leave your legal battles to chance. Schedule your free consultation online now to discuss the specifics of your claim in greater detail.
Why Is Knowledgeable Legal Representation Important?
Workers’ compensation law is a complicated field filled with potential pitfalls. One misstep could have consequences that last for years. That’s why working with skilled attorneys who understand workers’ comp and construction law is more than just an advantage. It’s an investment in protecting your rights.
Ever-Changing Legal Challenges
Recent legislative changes in New York have in large part created a more favorable work environment for injured parties. As such, if you get hurt on the job or while in the performance of job-related duties, you now stand a better chance of recovering all the money and benefits you’re entitled to. As mentioned, however, this also means that there’s a greater chance of fraud.
For employers, seasoned legal counsel can help in determining where legitimate claims end and opportunistic exploitation begins. They can also help implement proactive strategies and documentation systems to protect from false accusations and help injured workers get the full financial compensation they’re entitled to.
The Benefit Of Experience
Not all lawyers are created equal. A skilled general practice attorney might be able to guide you through the basic steps of a claim, but they may lack the in-depth knowledge needed to reach a successful resolution.
In point of fact, the right NYC construction attorney will come equipped with:
- Industry-Specific Knowledge: They understand the language, the regulations, and the unique challenges of the construction industry today.
- Established Strategies: Skilled attorneys with experience in this field know the kind of arguments that work and, more importantly, those that don’t. They’ll advise you to avoid costly mistakes and focus on strategies with proven track records.
- A Proactive Approach: The best construction accident attorneys do more than react to claims; they help you get ahead of them. Moreover, they actively prepare and strategically handle legal matters to achieve the best possible outcomes for their clients.
Considering all this, when looking for an attorney who meets your needs, you shouldn’t just look at their case history. Explore their commitment to the construction industry. Ask yourself, ”Do they attend industry conferences? Do they write for relevant publications? Do they offer resources beyond basic legal defense?”
The answers to these and other questions will indicate whether they possess a true understanding of your business and its unique challenges.
Remember, investing in the right legal representation isn’t a luxury. It’s a way to protect your rights in the midst of ongoing changes in New York workers’ compensation law.
Call Schwartzapfel Lawyers Now!
The recent developments in New York’s workers’ compensation laws may set the stage for similar reforms nationwide. That’s why staying informed and taking action to protect yourself is more crucial now than ever before.
And you can do just that with the help of an experienced NYC construction attorney, someone who knows the ins and outs of New York law and construction industry standards and who will stand up for you in the event that you or a loved one is injured on the job.
So, please, don’t wait until it’s too late. Instead, act now and call the skilled New York construction accident attorneys of Schwartzapfel Lawyersat 516-342-2200, and allow us the honor and privilege of fighting — and winning! — for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources
Schwartzapfel Lawyers, P.C. | Fighting For You
NY State Senate Bill 2021-S9149 | The New York State Senate
SECTION 114-A Disqualification for false representation | The New York State Senate
Regulations (Standards – 29 CFR) | Occupational Safety and Health Administration
A safe workplace is sound business | Occupational Safety and Health Administration
