Am I Eligible for Workers’ Compensation if I Was Injured in a Construction Accident?

If you have suffered an injury on a construction site in New York, you might be wondering if you qualify for workers’ compensation benefits—medical coverage and wage replacement designed to help injured construction workers recover.

Virtually all employees in New York—including construction workers—are covered by workers’ compensation insurance starting from their first day of employment, regardless of fault or immigration status. Coverage applies to:

• Full-time, part-time, temporary, or seasonal workers
• Day laborers and most subcontractors with employee status
• Undocumented workers

However, independent contractors are generally not eligible unless misclassified. If your employer calls you a contractor but controls your work, provides tools, or supervises your tasks, you may actually qualify as an employee for workers’ compensation purposes. Disputes about classification can be resolved by the New York Workers’ Compensation Board.

Workers’ compensation covers all job-related injuries and illnesses that arise while working, such as:

• Sudden accidents and trauma (falls, trench collapses, equipment injuries)
• Repetitive stress injuries
• Occupational diseases or exposure (chemicals, dust)
• Mental health injuries triggered by traumatic events

• Seek medical attention immediately
• Report the injury in writing to your employer within 30 days
• Preserve evidence (photos, witnesses) and document medical treatment
• Contact a construction accident lawyer to review your eligibility and secure your claim

Workers’ compensation provides key benefits—medical coverage and partial wage replacement—but does not cover pain and suffering or fully compensate for serious losses. In most cases, workers’ comp also bars lawsuits against your employer directly (unless they failed to carry insurance or intentionally harmed you). Fortunately, construction accident lawyers in New York focus on pursuing maximum compensation by identifying all negligent parties and legal avenues available.

Many construction workers have claims for additional compensation against third parties such as subcontractors, property owners, equipment manufacturers, or other responsible parties. In New York, Labor Law 240 (the “Scaffold Law”) and NY Labor Law 241 gives construction workers unique rights to sue site owners and contractors for gravity-related or safety violations—often resulting in far greater compensation than workers’ comp alone, including damages for pain and suffering, total lost income, and long-term disability.

Because construction accidents frequently involve multiple parties and overlapping laws, it’s crucial to contact an experienced construction accident lawyer promptly. Time is limited: you generally must notify your employer within 30 days and file a workers’ comp claim within 2 years in New York. Acting quickly ensures all your rights and sources of recovery are protected.

Generally, you cannot sue your employer directly unless they failed to carry insurance or acted with intentional harm, but third-party claims can provide substantial additional compensation for seriously injured construction workers.

Serious construction injuries can result in lifelong consequences, and complex cases often involve multiple contractors, insurance companies, or regulatory violations. Construction accident lawyers are uniquely equipped to:

• Prove fault and maximize recovery from all liable parties
• Navigate complex New York labor law protections and safety standards
• Gather and preserve evidence, ensuring compliance with deadlines
• Protect your rights and financial future by aggressively pursuing every available legal remedy

Our firm specializes in construction accident cases. We fight for injured workers to recover the full compensation they deserve after a New York construction accident.

If you were injured on a construction site and wonder about your workers’ compensation eligibility or want to pursue a claim for serious injuries, contact our personal injury law firm for a free consultation. We will assess your case in detail and fight to secure all the benefits and damages you deserve after a construction accident.