I’m working again, but my injuries prevent me from performing the same work I used to do. I’m worried that I won’t be able to financially support my family. Do I still have a construction accident injury claim?

Your ability to file a claim or lawsuit for a construction accident under New York’s Labor Law does not depend on whether you are back to work or not. If you were forced to accept a different position that doesn’t have the same potential for salary increases or advancement due to your injury, or if your injuries are preventing you from receiving the same level of income and benefits you earned before the accident, you can still file a claim. Depending on the evidence, you can claim the difference between what you would have made had you been able to continue working in your former position and what you are making now.  Even if you earn the same wages after your injury as you did before, you can still file a claim, however, you may not be able to make a claim for lost earnings from the date you went back to work in the future.