New York Construction Accident Lawyer

Construction is an extremely dangerous industry. If you or a loved one were injured on a construction site in New York, NY, you’re entitled to file a claim for workers’ compensation benefits. You may also have rights under New York personal injury and/or labor laws. An experienced New York construction accident lawyer at Oresky & Associates, PLLC can help you fight to recover every dollar you deserve.

Our skilled attorneys have over 30 years of experience representing personal injury victims across New York City. We’ve put our experience to work and recovered over $400 million in compensation awards for accident victims like you.

You may be entitled to compensation for medical bills, lost wages, and more. Contact our law offices in New York at (718) 993-9999 New York, today to schedule a free consultation with our battle-tested attorneys.

Why Should I Trust Oresky & Associates, PLLC To Handle My New York Construction Accident Case?

New York City construction workers put their health and safety at risk every day. Despite tough New York labor laws, construction continues to be one of the most dangerous industries out there.

If you were injured, you deserve fair compensation. Unfortunately, you might face challenges from the workers’ compensation insurance company and even your own employer.

Can you prove your injuries were work-related? Is your weekly benefit check correct? Is your doctor rushing you back to work before you’re ready? Call our New York personal injury lawyers at Oresky & Associates, PLLC today.

Our founding attorney was included in New York Magazine’s “New York’s Leading Personal Injury Lawyers. He’s also been recognized by Super Lawyers and the Million Dollar Advocates Forum for our law firm’s exceptional legal services.

When you hire us to protect your interests, we will:

• Protect your rights under New York workers’ comp, labor, and personal injury laws
• Assess your case value and document your losses
• File your initial claim for workers’ comp benefits
• Handle an appeal if your claim is denied or undervalued
• Handle all insurance communications on your behalf

You deserve to know that you’re getting the full compensation available. Contact our New York personal injury attorneys for the quality legal advice you need today.

Statistics on Construction Accidents in New York

A total of 70 workers died on the job across New York City in 2021. According to data compiled by the U.S. Bureau of Labor Statistics, the private construction industry had the highest number of workplace fatalities in 2021, with 22 work-related deaths.

Another 5,900 New York City construction accidents caused at least one injury in 2021. Overall, 3,700 of those construction injuries were serious enough that the victim missed time at work.

At Oresky & Associates, PLLC, our New York construction accident attorneys handle all types of construction injury cases, including those involving:

• Scaffolding falls and collapse
• Building collapse
• Crane accidents
• Falls from ladders, roofs, and heights
• Slip and fall accidents
• Staging collapses
• Defective work equipment
• Electric shock and electrocutions
• Fires and explosions
• Trenching and excavation accidents
• Forklift accidents
• Rigging failures
• Exposure to toxic chemicals and substances
• Car accidents

If you were injured on the job, don’t hesitate to speak with an experienced lawyer. Our team can help you understand your legal rights and determine whether you’re receiving the full compensation you deserve.

How Valuable Is My New York Construction Accident Claim?

In work-related injury cases, the primary considerations when calculating your case value include:

• The severity of your injuries
• The cost of your medical treatment
• How long it takes to reach maximum medical improvement
• If you will suffer a long-term or permanent disability that impacts your earnings
• Your average weekly wages prior to the accident
• The identity of the at-fault party, which will determine whether you have rights under New York personal injury laws

Keep in mind that workers’ compensation benefits in NYC are limited. Workers’ comp will cover about ⅔ of your average weekly wages prior to the disability if you are unable to work for at least seven days due to the injury. However, your check is also subject to a statewide cap of $1,145.43 per week in 2023, regardless of your prior earnings.

How Can I Recover Compensation for My Construction Accident Injuries?

Virtually all injured construction workers in New York are entitled to file a workers’ compensation claim for benefits. Normally, being eligible for workers’ comp benefits means you would be barred from filing a lawsuit against your employer.

However, New York’s labor laws provide strong legal protection for construction workers, such as Labor Law 240. Depending on the facts of your case, you might be able to file a lawsuit against your employer, notwithstanding workers’ compensation.

You may also be entitled to receive additional compensation above and beyond workers’ comp benefits if a third party was responsible for your injuries.

Workers’ comp laws don’t protect third parties who cause construction site accidents, so you may have a valid claim against a:

• Negligent driver in a motor vehicle accident
• Manufacturer of defective work tools or equipment
• General contractor
• Property owner who fails to maintain safe premises
• Government agency

Our lawyers at Oresky & Associates, PLLC can evaluate your case and determine whether you’re entitled to file a lawsuit. We can also help make sure your workers’ comp check is accurate. Contact us today to find out more.

New York Workers’ Compensation Benefits

Workers’ comp provides benefits to cover your economic losses while you recover. Workers’ comp will cover all of your reasonable and necessary medical expenses.

Depending on the circumstances, you may be entitled to wage replacement benefits, including:

• Temporary total disability
• Temporary partial disability
• Permanent total disability
• Permanent partial disability

In fatal work accident cases, survivors are also entitled to seek survivors’ benefits to compensate for the loss of a family member’s financial support.

Personal Injury Lawsuits

In a personal injury case, victims can seek compensation for non-economic damages in addition to the economic damages not covered by workers’ compensation.

Examples of the types of compensation you may be entitled to receive include:

• All medical costs not covered by workers’ comp
• 100% of your lost wages and lost earning potential
• Rehabilitation
• Nursing care
• Property damage
• Pain and suffering
• Emotional distress
• Scarring
• Disfigurement
• Depression
• PTSD
• Diminished quality of life
• Humiliation
• Fear
• Loss of consortium

Reach out to our legal team for a free consultation as soon as you can after sustaining a construction accident injury. We can review your case and help you determine your best next steps.

Can I Recover Damages If I’m Blamed for a Construction Accident in New York?

Shared fault is only an issue if you have a valid personal injury case. New York follows a pure contributory negligence law. If you share some blame for the accident, your compensation is reduced by your percentage of fault.

Workers’ compensation is a no-fault system. You can recover your full benefits even if you’re partly to blame for your own injuries.

We’ll Work Tirelessly to Recover Fair Compensation for All of Your Construction Accident Injuries

At Oresky & Associates, PLLC, we often handle construction accident cases where workers have suffered:

• Back injuries
• Traumatic brain injuries
• Crush injuries
• Broken bones
• Nerve damage
• Neck injuries
• Soft tissue damage
• Spinal cord injuries
• Concussions
• Lung damage and internal injuries
• Bleeding
• Burns
• Amputations
• Paralysis
• Catastrophic injuries

Our New York wrongful death attorneys are here to fight for your family if you lost a loved one in a fatal workplace accident.

What Are the Common Causes of Construction Accidents in New York, New York?

Anyone who’s ever worked on a construction job site knows there are a lot of moving parts. Even one simple error in judgment can lead to a serious accident. Unfortunately, most construction accidents occur when someone is careless or negligent.

Some of the most common causes of construction accidents in New York include:

• Improperly installed scaffolding
• Lack of proper safety equipment, including fall protection
• Ignoring New York labor laws, including labor law 240 and labor law 241
• Violations of Occupational Safety and Health Administration (OSHA) safety regulations
• Negligent property maintenance and dangerous work sites
• Defective scaffolding, construction equipment, or tools
• Negligent supervision of employees
• Failure to properly train and supervise workers
• Failure to communicate
• Falling objects
• Repetitive motions
• Improperly maintained construction equipment and tools
• Exposure to live power lines or toxic chemicals
• Workplace violence and negligent security

Many work-related injuries occur because someone cut corners to save money. If you’re struggling as a result, you deserve to be fully compensated for your losses. Contact our law firm in New York to learn more about how Oresky & Associates can help you establish your right to compensation.

How Long Do I Have To File a Claim for Compensation After a Construction Accident in New York?

You must notify your employer about your accident and injuries within 30 days of the accident. If you wait longer, you could lose your right to file a claim for workers’ compensation.

Under New York state law, a three-year statute of limitations applies in personal injury cases. If you don’t file a personal injury lawsuit within three years of the accident, you lose your right to sue the negligent third party for damages.

Arrange a Free Consultation With an Experienced New York Construction Accident Lawyer Today

A work-related injury can seriously derail your life. While you focus on recovering, contact an experienced New York construction accident lawyer for help. Our team at Oresky & Associates, PLLC will do everything we can to help with your financial recovery.