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Could a construction site injury cost you your job?

On Behalf of Alpert, Slobin & Rubenstein, LLP | Apr 1, 2025 | Construction Accidents |

Sustaining an injury at a construction site can often leave you with concerns not only about your health but also about your employment status. Many workers wonder if filing a claim for their injury will jeopardize their job. Fortunately, there are protections in place to ensure that injured workers can seek compensation without fear of losing their employment.

What are your options for seeking compensation after a construction accident?

Often, the source of support for workers after an accident on the job is workers’ compensation. Workers’ compensation laws protect employees who suffer work-related injuries. These laws require employers to provide benefits to injured workers, such as medical care and wage replacement. Workers’ compensation does not require you to prove fault and does not require you to sue your employer.

While workers’ compensation provides certain benefits, it may not cover all your losses. If your injury was due to your employer’s negligence, you might consider filing a personal injury lawsuit against your employer instead of a workers’ compensation claim. This type of lawsuit can potentially offer additional compensation for pain and suffering, beyond what workers’ compensation provides.

Additionally, if a third party contributed to your injury, you might have grounds to pursue a third-party liability claim. This might include manufacturers who provided faulty equipment, contractors whose irresponsible actions harmed you or other parties. A third-party lawsuit can be another avenue for obtaining compensation.

Can your employer fire you for filing a claim?

New York is an at-will employment state. This means that employers can fire employees for almost any reason.

However, your employer cannot fire you for filing a workers’ compensation claim or lawsuit. You have a legal right to take these actions, and the law protects you from retaliation.

You can get support while protecting your career

A construction site injury should not cost you your job. With the protections offered by workers’ compensation laws and the potential for additional legal claims, you can focus on recovery without fear of losing your employment.

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