New York Arthritis Injuries Lawyer
Construction work can be hazardous, and there is little room for error. When accidents do happen, the result can be severe injuries. Some construction workers develop arthritis long after their original injury heals.
For many construction workers, suffering from arthritis is a life-long and significant problem. An arthritis injury can make it difficult to enjoy everyday activities, take care of your family, or continue working. If you developed arthritis after working at a construction site, you may be eligible for workers’ compensation benefits.
The personal injury lawyers of Hill & Moin are here to help you seek the benefits you need. Our attorneys have a proven track record of success in construction worker injury cases, and we are here to fight for you. You can count on us every step of the way. To schedule a free consultation, complete our online contact form or call (212) 668-6000.
How Arthritis Injuries Affect Construction Workers
According to the Journal of Occupational and Environmental Medicine, construction workers are very susceptible to developing arthritis. Workers are at greater risk because repetitive motion injuries (RMIs) are common in construction work, which puts a strain on the joints. Construction workers also lift heavy objects and are often exposed to hazardous materials and chemicals that may irritate and inflame the joints.
Arthritis can have a significant impact on construction workers. For example:
- Joint pain: Can make it challenging to perform the physically demanding tasks required in many construction jobs
- Swelling: Often occurs in conjunction with joint pain and stiffness; joints may look red and feel warm to the touch
- Limited range of motion: Joints may feel stiff and painful when moved, which can make it difficult to grip tools or work materials
- Loss of Income: In some severe cases, arthritis may even prevent construction workers from being able to continue working in their chosen profession
The effects of an arthritis injury are not limited to physical pains. In a report by the Harvard TH Chan School of Public Health, injured construction workers often struggle with their mental health. These victims may develop depression, anxiety, panic disorders, or other mental illnesses. The report found that the construction industry has one of the highest rates of work-related injuries and suicides, stating, “This distress is strongly related to pain and injuries.”
What is Post-traumatic Arthritis?
Post-traumatic arthritis is one type of arthritis that construction workers can suffer. This condition can occur after an injury to the joint. The injury may damage the cartilage, bone, or other tissues in the joint, leading to the development of arthritis. Arthritis gets worse if left untreated and can lead to disability. This condition can occur even if the original injury seems to have healed properly.
The resulting pain, which may range from mild to severe, can come and go suddenly or may be constant. It can be sharp or dull, throbbing, or aching. You may feel it in just one spot or in several joints simultaneously.
Because of how unpredictable arthritis pain can be, construction workers may be forced to stop working. The condition can make it dangerous for workers to operate machinery or carry heavy items. A sudden onset of pain could endanger the lives of others.
Recovering Damages After a Construction Accident
Workers’ compensation provides benefits to employees who are injured or become ill as a result of their jobs. This financial assistance can help cover medical expenses, as well as lost wages, if the individual is unable to work. In some cases, work compensation may also provide death benefits to surviving family members.
These benefits may cover your medical bills and a portion of your lost wages while you are out of work. To receive workers’ compensation, employees must first notify their employer of their injury or illness. They then have a limited amount of time to file a claim with the workers’ compensation insurance company. If the claim is approved, the employee will begin receiving benefits.
In addition to financial assistance, workers’ compensation can also help ensure that construction workers have access to quality medical care. Some insurance plans do not cover injuries that occur at work, so this can be a lifesaver for those who are hurt on the job.
To determine whether or not you have a case for your arthritis injury, consider the following:
- The severity of your injuries
- The type of treatment you have received
- The extent of your disability
It is important for construction workers to be aware of their rights in case of an injury. Many states have laws in place that require employers to provide workers’ compensation coverage and that protect workers from being fired for filing a claim.
Who is Eligible for Workers’ Compensation?
To be eligible for workers’ compensation benefits, you must:
- Be an employee of a company that is required to have workers’ compensation insurance
- Be injured or become ill while performing your job duties
- Be free from fault for the injury or illness
To file a workers’ compensation claim, you will need to fill out a claim form and submit it to your employer. Your employer will then file the claim with their workers’ compensation insurance carrier. Once the claim is filed, an adjuster will be assigned to your case and will contact you to discuss your injuries and how they may be covered under the workers’ compensation policy.
Workers’ compensation claims can be complex, so it is always best to consult with an attorney before filing one. The attorneys of Hill & Moin LLP can help you understand your rights and make sure that you are getting all of the benefits that you are entitled to under the law.
Can Independent Contractors Receive Workers’ Compensation?
Independent contractors are not usually covered by workers’ compensation. If you have been injured on the job, you should speak to an experienced workers’ compensation attorney who can help you understand your rights and assist in navigating the claims process.
However, some states have laws that allow independent contractors to file for workers’ compensation if they are injured while working on a construction project. If you are an independent contractor, you should contact the attorneys at Hill & Moin to discuss your eligibility for workers’ compensation. Even if you are not eligible, you may have other legal options.
Filing a Lawsuit If Your Workers’ Compensation Claim Is Denied
In some cases, workers’ compensation claims are denied. If this happens to you, you may wonder about your options.
Here are a few steps you can take:
- Find out why your claim was denied. The insurance company must give you a written explanation of the denial. Once you know the reasons for the denial, you can take steps to correct any errors or gather missing information.
- Appeal the decision. You have the right to file an appeal with your state workers’ compensation office. Be sure to do this within the required timeframe (usually 30 days from the day you received notice of the denial).
- File a lawsuit against your employer. You may be able to file a claim against your employer. You will need to prove that your employer was negligent in some way and that this negligence resulted in your injuries.
- File a claim against other at-fault parties. Did a dangerous condition on the construction site cause your injury? In that case, you could sue the property owner or another responsible party for negligence. If you were injured because of defective equipment, you could sue the manufacturer of the equipment.
Before deciding how to handle your case, you should contact a New York arthritis injury lawyer. The New York-based firm of Hill & Moin has helped many injured workers seek justice. We can examine the details of your case with you and advise you of your legal options.
We Can Fight for Your Rights After an Arthritis Injury
Construction workers are among the most vulnerable when it comes to on-the-job injuries. Due to the nature of their work, construction workers are at a higher risk of suffering severe injuries that could lead to long-term disability or even death.
Suffering a long-term condition like arthritis can be very stressful. You may be worried about how you will support yourself and your family while you recover, but we can help ease your burden by fighting for maximum compensation for your injuries.
Let an experienced Hill & Moin personal injury lawyer assess your case, discuss your rights, and recommend the best course of action going forward.
We know the ins and outs of the workers’ compensation system, and we are here to fight for you when we take on your case. If we do, our legal team can help gather the necessary evidence and build a strong case on your behalf.
Our priority is getting you justice so you can focus on your recovery, which is why we don’t get paid unless we win a settlement for you. Call us anytime at (212) 668-6000 or fill out our contact form to schedule a free consultation and learn your Personal Injury Recovery SolutionsⓇ.
Don’t wonder about your rights!