Injured On A New York City Construction Site?
If you were injured while working on a construction site in New York City, you may have more than one claim. You may be entitled to workers’ compensation benefits through your employer, and you may also have a separate construction accident lawsuit against a property owner, general contractor, subcontractor, equipment company, manufacturer, or another responsible party.
New York has specific laws intended to protect workers involved in construction, demolition, repair, excavation, painting, cleaning, and other covered work. Depending on how the accident happened, your claim may involve New York Labor Law §§ 200, 240, or 241(6), general negligence law, product liability law, or a combination of these legal protections.
The circumstances at an active jobsite can change within hours. Equipment is moved, temporary barriers are replaced, debris is cleared, and witnesses move to other projects. A prompt investigation can preserve evidence that may be critical to your case.
To speak with a New York City construction accident lawyer at The Dearie Law Firm, P.C., call (212) 970-6500 or contact us for a free consultation.
Construction Work Remains One Of The Most Dangerous Jobs In America
The construction industry recorded 1,034 fatal work injuries nationwide in 2024, according to the . Falls, slips, and trips accounted for 389 of those construction deaths.
The Occupational Safety and Health Administration identifies four major categories of construction hazards: falls, struck-by accidents, electrocutions, and caught-in or caught-between accidents. OSHA refers to these hazards as the construction industry’s .
Many serious accidents occur because owners, contractors, subcontractors, equipment companies, and other parties fail to plan the work safely, provide proper safety devices, coordinate different trades, inspect equipment, or correct known hazards.
Construction Accident Cases We Handle
The Dearie Law Firm represents construction workers and their families in cases involving:
- Falls from roofs, floors, platforms, shafts, and other elevated work areas
- Ladder accidents
- Scaffold collapses and scaffold falls
- Falling tools, materials, equipment, and debris
- Crane and rigging accidents
- Struck-by, crush, and caught-between accidents
- Forklift and construction vehicle accidents
- Machinery and power-tool accidents
- Electrical accidents and electrician injuries
- Elevator, hoist, and material-lift accidents
- Unprotected floor openings and elevator shafts
- Trench and excavation accidents
- Demolition accidents and structural collapses
- Unsafe walkways, debris, poor lighting, and site-access hazards
- Fires, explosions, chemical exposure, and burn injuries
- Window-washing and exterior building-maintenance accidents
Workers’ Compensation And Construction Accident Lawsuits Are Different Claims
Workers’ Compensation Benefits
Most employees injured while working are entitled to seek New York workers’ compensation benefits. These benefits may cover authorized medical treatment and a portion of the wages lost because of the injury.
You should notify your employer about the accident as soon as possible. Written notice generally must be provided within 30 days. An injured worker should also file the appropriate claim with the New York State Workers’ Compensation Board.
Workers’ compensation usually prevents an employee from filing a negligence lawsuit directly against the employee’s own employer. However, it does not necessarily prevent a lawsuit against other responsible parties.
Third-Party Construction Accident Lawsuits
A third-party lawsuit is a claim against a person or company other than your direct employer. Depending on the facts, potentially responsible parties may include:
- The property owner
- The general contractor or construction manager
- Another subcontractor working at the site
- A delivery, trucking, or logistics company
- An equipment owner, lessor, maintenance company, or repair contractor
- A scaffold, crane, elevator, or rigging company
- The manufacturer or distributor of defective equipment
- An architect or engineer that assumed responsibility for the work or safety condition at issue
- A government agency or public authority responsible for the site
A third-party claim may provide compensation that workers’ compensation does not fully cover, including pain and suffering, future lost earning capacity, loss of enjoyment of life, and other accident-related losses.
Read more about third-party liability after a New York construction accident.
New York Labor Laws That May Apply
New York Labor Law § 200
reflects the general duty to provide workers with a reasonably safe place to work.
A Section 200 claim often depends on whether an owner or contractor created or knew about a dangerous property condition, or whether that party had authority over the work that caused the accident.
Relevant evidence may include contracts, daily logs, safety meeting records, inspection reports, incident reports, photographs, emails, text messages, and testimony from supervisors and coworkers.
New York Labor Law § 240
, commonly called the Scaffold Law, requires owners, contractors, and their agents to provide proper protection for workers exposed to certain elevation-related hazards during covered work.
Section 240 is not limited to traditional scaffolds. It can involve ladders, hoists, slings, ropes, braces, pulleys, platforms, harness systems, safety lines, and other protective devices.
Potential Section 240 cases include:
- A worker falling from a ladder, scaffold, roof, platform, beam, or elevated surface
- A worker falling through an unprotected opening or shaft
- A scaffold, ladder, platform, or other safety device collapsing or shifting
- A worker being struck by an inadequately secured object that fell or was being raised or lowered
- A heavy object requiring securing or hoisting falling because proper devices were not provided
Liability under Section 240 is not automatic after every fall or falling-object accident. The legal analysis depends on the worker’s task, the elevation risk, the safety devices provided, whether the statute was violated, and whether that violation caused the injury.
Owners and contractors may also raise defenses involving a worker’s conduct, including the sole proximate cause defense.
New York Labor Law § 241(6)
requires owners and contractors to comply with specific safety rules governing construction, excavation, and demolition work.
A Section 241(6) claim generally must be supported by a sufficiently specific provision of the New York Industrial Code that applies to the accident.
Depending on the facts, these regulations may address:
- Scaffolds, ladders, and temporary platforms
- Floor openings, shafts, stairways, and passageways
- Housekeeping and debris
- Vehicle and forklift operations
- Demolition and excavation work
- Power tools and machinery
- Electrical equipment
- Personal protective equipment
- Hoisting, rigging, and material handling
Because Section 241(6) depends on the exact safety regulation and circumstances, the accident scene and the work being performed should be investigated promptly.
What To Do After A Construction Accident
Get Medical Care Immediately
Seek emergency care or see a doctor as soon as possible. Tell the medical provider exactly how the accident occurred and identify every part of your body that was injured.
Follow all recommended treatment and attend follow-up appointments.
Report The Accident
Report the accident to your employer, foreman, supervisor, or union representative. Make sure an incident report is created, but do not sign an inaccurate account of what happened.
The New York State Workers’ Compensation Board advises injured workers to give written notice to the employer as soon as possible and within 30 days.
You can review the Board’s for general workers’ compensation information.
Photograph And Record The Scene
Construction conditions can change quickly. Photograph or record:
- The accident location from several angles
- The ladder, scaffold, hoist, lift, machine, vehicle, or tool involved
- Missing guardrails, covers, barricades, warning signs, or safety lines
- Debris, liquids, uneven surfaces, poor lighting, or blocked passageways
- Any object that fell, shifted, collapsed, or struck you
- Your clothing, hard hat, harness, lanyard, gloves, boots, and other equipment
Identify Witnesses
Get the names, phone numbers, employers, and trades of anyone who saw the accident or the unsafe condition.
Workers may leave the site, change projects, or become difficult to locate.
Preserve Equipment And Documents
Do not discard damaged tools, protective equipment, clothing, or personal items involved in the accident.
Keep copies of incident reports, text messages, photographs, medical records, pay records, union documents, and communications about the accident.
Be Careful With Insurance Companies
An insurance representative may ask for a recorded statement or authorization soon after the accident.
You should not guess, minimize your injuries, accept blame, or sign documents you do not understand. Speak with a construction accident lawyer before giving a detailed statement to an insurance company representing a potential defendant.
Do Not Wait To Investigate A Public Project
Construction work involving New York City, 91×ÔÅÄHA, the MTA, a public school, or another government entity may involve special notice requirements and shorter deadlines.
In some cases, a Notice of Claim may be required within 90 days. Contact a lawyer immediately rather than waiting for the workers’ compensation process to conclude.
Common Construction Accident Injuries
Construction accidents can cause injuries that prevent a worker from returning to the same trade or performing any physical work.
We represent workers with injuries including:
- Traumatic brain injuries and concussions
- Spinal cord injuries and paralysis
- Herniated discs and serious neck or back injuries
- Fractures and orthopedic injuries
- Torn ligaments, tendons, and muscles
- Nerve damage and complex regional pain syndrome
- Crush injuries and compartment syndrome
- Amputations and loss of use of a limb
- Electrical shock and electrocution injuries
- Burns, scarring, and disfigurement
- Eye injuries and vision loss
- Hearing damage
- Internal organ injuries
- Psychological injuries following a traumatic accident
- Fatal injuries and wrongful death
Compensation Available In A Construction Accident Case
The compensation available depends on the type of claim, the parties responsible, the worker’s injuries, and the long-term effect on the worker and family.
A construction accident lawsuit may seek compensation for:
- Past and future pain and suffering
- Past and future lost earnings
- Reduced earning capacity
- Medical and rehabilitation expenses not otherwise covered
- Future surgery, therapy, medication, and assistive care
- 91×ÔÅÄ modifications and medical equipment
- Loss of enjoyment of life
- Scarring and disfigurement
- A spouse’s loss of services or consortium
- Wrongful death damages when a worker is killed
A worker may often pursue a third-party claim while continuing to receive workers’ compensation benefits.
The claims must be coordinated because the workers’ compensation carrier may have reimbursement or lien rights if money is recovered from another party.
How Our Construction Accident Lawyers Build A Case
A serious construction accident case requires more than an incident report. Our investigation may include:
- Inspecting and photographing the accident scene
- Identifying the property owner, general contractor, construction manager, and subcontractors
- Reviewing contracts to determine which parties controlled the work and site safety
- Preserving equipment, tools, surveillance footage, and electronic records
- Interviewing coworkers, supervisors, operators, delivery personnel, and other witnesses
- Obtaining daily logs, safety plans, toolbox-talk records, inspection documents, and prior complaints
- Reviewing OSHA, Department of Buildings, and Industrial Code requirements
- Consulting engineers, safety professionals, medical experts, vocational experts, and economists when appropriate
- Documenting the full effect of the injuries on employment, family life, and future medical needs
Construction projects often involve multiple companies with overlapping responsibilities.
We investigate every party that may have contributed to the accident rather than accepting the first explanation provided by an employer or insurer.
Construction Accident Results
The Dearie Law Firm has represented workers and families in serious construction, industrial, and worksite cases.
Selected recoveries listed in our case results include:
- $4.75 million for a Brooklyn truck driver crushed when vehicles fell from a magnetic crane
- $2.6 million after a steel piece fell during pile driving and killed a worker
- $1.75 million for a carpenter injured after falling through an unsupported floor at a Manhattan construction site
- $1.6 million after a worker fell to his death in a construction elevator shaft
- $952,000 for a carpenter who fell from a roof during construction work
Prior results do not guarantee a similar outcome. Every case depends on its own facts, injuries, insurance coverage, evidence, and applicable law.
Frequently Asked Questions About New York Construction Accidents
Can I Sue My Employer After A Construction Accident?
Usually, an employee cannot sue a direct employer for ordinary negligence because workers’ compensation is generally the exclusive remedy against that employer.
You may still have a lawsuit against an owner, general contractor, another subcontractor, an equipment company, a manufacturer, or another third party.
Can I Receive Workers’ Compensation And File A Lawsuit?
Often, yes. A worker may receive workers’ compensation benefits and pursue a separate claim against a responsible third party.
The claims must be coordinated because the workers’ compensation carrier may have lien or reimbursement rights.
Does Labor Law § 240 Apply To Every Construction Fall?
No. Section 240 applies to certain elevation-related hazards during covered work.
The result depends on the work being performed, the safety devices required and provided, how the accident happened, and whether a statutory violation caused the injury.
What If I Was Partly At Fault?
Do not assume that being accused of making a mistake ends your claim.
Comparative negligence may reduce recovery under some legal theories. In a proper Labor Law § 240 case, ordinary comparative negligence is generally not a defense, although defendants may argue that the worker was the sole proximate cause of the accident.
The evidence must be examined carefully.
Who Is Responsible When Several Contractors Are On The Site?
Potential responsibility may rest with the property owner, general contractor, construction manager, subcontractors, equipment companies, delivery companies, or manufacturers.
Contracts, supervision, site control, notice of hazards, and the cause of the accident all affect the analysis.
How Long Do I Have To File A Construction Accident Claim?
Different deadlines apply to workers’ compensation claims, personal injury lawsuits, wrongful death cases, and claims involving government entities.
Some public-entity cases may require a Notice of Claim within 90 days. Contact a lawyer immediately so the correct parties and deadlines can be identified.
What Does A Construction Accident Lawyer Cost?
Personal injury construction cases are generally handled on a contingency-fee basis.
You do not pay an attorney’s fee unless compensation is recovered. The fee arrangement and case expenses should be explained in a written retainer agreement.
Speak With A New York City Construction Accident Lawyer
The Dearie Law Firm, P.C. has represented injured workers and their families for decades.
We understand that a construction accident can affect your health, income, trade, family, and future. Our attorneys investigate the jobsite, identify the responsible parties, preserve evidence, and pursue the compensation available under New York law.
Call (212) 970-6500 or contact The Dearie Law Firm for a free consultation.
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