Construction work comes with real risks. Every day, employees face hazards on job sites that can lead to serious injuries or mounting medical expenses. Unfortunately, many wounded construction workers in New York start to believe common myths about their rights, leaving them without the help they need.
Myths such as “workers’ comp is the only option” or “filing a claim isn’t possible if partly at fault” often prevent individuals from seeking compensation for lost wages or pursuing a personal injury lawsuit. This article clears up those misunderstandings and helps injured workers in NY take steps to protect their legal rights and recover fully. Our team can also share insight on common pedestrian accident myths in NY.

Myth #1: Workers’ Compensation Is the Only Option
Many construction employees think workers' compensation is the only way to seek help after a worksite accident. While workers' comp provides benefits for medical treatment and lost wages, injured employees in New York often have other legal options.
State labor laws prevent workers from suing their employers directly, but they can file a personal injury lawsuit against third parties such as contractors, property owners, or equipment manufacturers if negligence is involved.
Myth #2: Injured Workers Can’t Seek Compensation If Partly to Blame
New York labor laws allow injured workers to pursue compensation even if they share some fault for their accident. This is because NY follows a comparative negligence system. If a construction worker is partially responsible, their compensation is reduced based on their level of fault but is not denied entirely.
For example, if an employee is found 20% at fault, they can still recover 80% of the damages, including medical costs and lost wages. Personal injury cases in these situations can be complex, but a personal injury attorney can help injured construction workers protect their lawful rights and secure the compensation they deserve.
Myth #3: Small or Rule-breaking Accidents Shouldn't Be Reported
Many New York construction workers hear that minor accidents or those involving broken safety rules don't need to be reported. This belief is risky.
Workers' compensation operates under a no-fault system, meaning it doesn't matter who was at fault for the injury. Reporting all accidents, even those that seem minor at first, is essential because injuries can worsen over time.
Failing to report an incident could jeopardize a workers' compensation claim later. Construction employees must document when an injury occurs to make sure their medical expenses and lost wages are covered if the situation escalates. Protecting legal rights starts with making that initial report.
Myth #4: Returning to Work Cancels the Right to Compensation
Returning to work after an injury doesn’t mean the right to pursue compensation is gone. Injured construction employees may still qualify for workers' comp or file a personal injury claim, depending on the circumstances.
New York labor laws allow claims to continue as long as medical records show the employee was injured on a construction site. Clear medical documentation is important, even after resuming duties.
Workers with reduced earning capacity due to lingering injuries or a job change may also be entitled to compensation. Returning to work simply shows progress in recovery and does not eliminate the possibility of pursuing additional benefits for ongoing challenges.
Myth #5: A Lawyer Isn’t Needed for a Construction Accident Case
Some workers start believing that they can handle a construction accident case on their own. However, New York labor laws and workers' comp claims can be tricky, especially for those unfamiliar with the process.
Personal injury cases often involve legal deadlines, insurance paperwork, and rules that make it difficult to handle without professional guidance. An experienced New York personal injury attorney can evaluate the situation, handle negotiations, and fight for maximum compensation.
Attorneys at The Law Office of Carl Maltese understand the system and know how to protect injured workers’ rights. We can also deal with insurance companies and make sure employees get the monetary benefits they need after a construction site injury.
Myth #6: Insurance Companies Will Handle Everything
Many injured workers assume insurance companies will take care of their claims fairly. However, insurance companies often focus on paying as little as possible, not on helping employees recover. They may use confusing forms or push for quick settlements that don’t reflect the true cost of the injury.
If the victim signs any documents or speaks with insurance representatives without legal advice, it could harm their personal injury claim. A New York personal injury attorney can step in to negotiate fair settlements and protect the worker’s lawful rights.
Myth #7: Only Physical Injuries Matter
Some believe that only physical injuries from a construction accident are valid for a personal injury claim, but this isn’t true. Emotional and psychological harm, such as PTSD or anxiety, can also significantly impact a worker’s life.
These types of damages may affect relationships, job performance, and overall mental health. Compensation for these claims can include medical costs, therapy expenses, and damages for emotional distress.
For example, a worker involved in a serious construction site accident might experience ongoing fear of similar situations, which makes it difficult to return to work. Non-physical injuries are just as important as physical ones in personal injury cases.

Myth #8: Filing a Claim Is Too Expensive
Many workers believe filing a personal injury claim after a construction site injury will be costly. However, most personal injury attorneys work on a contingency fee basis, which means there are no upfront costs. The attorney only gets paid if the case is successful. For more information, construction accident attorneys in Long Island may be able to help.
This allows injured workers to access experienced guidance without worrying about financial barriers. Avoiding a claim could lead to significant financial losses, such as unpaid medical bills and lost wages.
Seeking compensation through legal action is important so that injured workers can recover what they are entitled to, often outweighing any concerns about the cost of filing a claim.
Wrapping Up
Clearing up myths about workers' compensation is crucial for protecting injured employees in New York. Believing false information can stop workers from getting the help they need after a construction accident. Every injury, whether physical or emotional, deserves attention, and the right legal guidance can make a big difference.
The Law Office of Carl Maltese understands how challenging this process can feel and is here to help. Our team offers free consultations to explain legal options and ensure no one misses out on fair compensation. Call us today to get the support needed to move forward.