Construction workers carry out strenuous tasks every day and this takes a toll on your body. And construction sites typically contain all sorts of hazards that may cause serious injuries.
There are several legal limitations that render workers’ compensation benefits inadequate for workers with severe injuries. And there are also complex laws and exasperating jargon that make it very difficult for workers to navigate the system.
Rulings in workers’ compensation can be arbitrary and unfair, but you have the right to appeal. The best way to protect your future is to find a skilled New York worker’s compensation attorney to explain your options and protect your rights.
One of the most significant aspects of workers’ compensation is known as maximum medical improvement (MMI). Understanding the implications of MMI is essential for determining the best course of action in a workers’ compensation claim.
What Is MMI?
If you have been injured on the job, it’s essential to see a doctor and report your injury to your supervisor right away. Many construction injuries turn out to be much worse than they originally seem.
Workers’ compensation insurance is a federal program that enlists private insurance companies to provide coverage to injured workers. Construction companies in New York State are required to carry Workers’ Compensation insurance for all their employees. This guarantees that an injured worker’s medical bills and a portion of your wages will be covered for a specific period of time if you are injured on the job.
As long as your medical condition continues to improve, you will be eligible to receive workers’ compensation benefits. But when your workers’ compensation doctor believes that future treatment won’t improve your injuries, you have reached the stage in your recovery known as maximum medical improvement (MMI).
Once you reach MMI, your temporary workers’ compensation will no longer supplement your income or cover medical treatments. It’s very important for your workers’ compensation doctor to pursue every treatment available option before declaring MMI.
What Happens After You Reach MMI?
Your workers’ compensation doctor is required to give you a disability rating, which is the percentage that you are found to be permanently disabled. Your disability rating will determine your future options, which may include:
- Returning to your job without restrictions and resuming your normal activities
- Returning to you job with some restrictions, such as the types of equipment you can operate without assistance
- Finding a different job or a new career
- Claiming permanent disability
Based on your disability rating, you may be able to claim permanent disability and continue to receive workers’ compensation benefits.
If you claim permanent disability, the insurance company may challenge your disability rating and request a second opinion from a different doctor. You also have the right to challenge your disability rating if you think it’s too low. Having a workers’ compensation attorney on your side will greatly improve your chances of success in any type of legal action you choose to take.
Common New York Construction Worker Injuries
There are several types of construction worker accidents that may cause severe injuries. Falling from height or tripping caused by a slippery surface or an obstruction in a walkway is a major causes of construction injuries.
Many types of construction injuries involve machinery, such as getting cut by saws or drills or getting caught in machines that have moving parts. Being struck by a vehicle such as a truck, bulldozer, dump truck, or forklift is another frequent cause of injury. Additional hazards include cranes and elevator mishaps and being struck by falling objects.
Common injuries that result from construction accidents include:
- Broken bones
- Lacerations
- Loss of limb
- Neck, back and shoulder injuries
- Burns
- Electrocution
- Traumatic brain injury (TBI)
- Knee and ankle injuries
- Eye injuries and loss of vision
- Spinal cord injuries
- Asphyxiation
- Hearing loss
- Toxic chemical exposure
- Crush injuries
We’re on Your Side
If you’ve been injured on the job, you don’t have to face the frustrating workers’ compensation bureaucracy on your own. Contact the experienced New York construction accident lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP.
Our team knows the right strategies for recovering compensation after an accident. We’ve won over a billion dollars in damages for our clients and we have a perfect 10.0 rating from Avvo.
Call (212) 986-7353 to schedule a FREE consultation today.