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Seeking compensation for construction site injuries: work with experienced advocate

In a previous post, we looked briefly at the issue of fall protection on construction sites, nothing that employers are required under federal regulations to take certain steps to protect their workers from falls on construction sites. For construction workers who do become injured, of course, the big question is: what are my options for compensation?

Generally speaking, an injured worker is going to be limited to workers’ compensation for workplace injuries. Workers’ compensation is, as a rule, the sole remedy available to injured workers, though there are limited exceptions to the rule. 

One exception to the exclusive remedy rule is when an employer commits an intentional or deliberate act. Case law on the issue has established that mere knowledge and appreciation of the risk of taking a particular course of action or omission is not sufficient to satisfy the burden of proof. It must be specifically shown that the employer directed his or her actions or omissions at a particular employer.

Needless to say, genuine intentional harm to an employee is a rare occurrence in the workplace, and so this exception is not to be successfully invoked very often. Injured workers who believe they may be been directly targeted by an employer should get in contact with an experienced attorney to have their case evaluated and to determine the best course of action. Any expired advocate can also serve as a critical resource, as well, in seeking workers’ compensation benefits, regardless of where the employer is in the process.

Source: Acevedo v. Consolidated Edison Company of New York, 189 A.D.2d 497 (1993).

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