New York City Construction Accident Lawyer

NYC Construction Accidents Statistics on Injured Construction Workers

The latest data from the NYC Buildings Department suggests that construction accidents are on the rise for the second year in a row, increasing by 9.7 percent from the previous year. These statistics also share that construction accident injuries can happen on worksites of any size, but are generally more common on larger sites with complex projects. 

Other facts of note include: 

• In 2021, 25% of work-related deaths were in construction, according to OSHA and the U.S. Bureau of Labor.‍
• Occupational Health and Safety reports a higher fatality rate than the national average, with construction deaths accounting for 22% in New York City and 24% in New York State.
• ‍NYCOSH reports that non-union job sites continued to be particularly hazardous, with 100% of construction worker deaths in New York City being non-union in 2020. 
• Latino workers were disproportionately affected, representing 18% of New York construction worker fatalities while only making up about 10% of the state's workforce.

These statistics underscore the critical need for stringent safety measures and effective legal representation for injured workers in the construction industry.

Our New York City Attorneys Handle These Construction Site Injury Cases

Our NYC construction injury lawyers exercise the care and effort necessary for handling complex cases. From the moment we take your case, we have one goal: securing just compensation for your injury-related losses. 

• Falls from Heights: Falls from scaffolding, ladders, or other elevated surfaces often result in serious injuries or fatalities.
• Falling Materials and Equipment: Material and equipment not properly secured can fall and strike a worker causing serious injuries.  
• Machinery Accidents: Injuries caused by heavy machinery, such as cranes or forklifts, due to operator error or mechanical failure.
• Electrocution: Accidents involving electrical currents, which can cause severe burns and cardiac arrest.
• Trench and Excavation Accidents: Collapses or cave-ins that can lead to crushing injuries or asphyxiation.
• Fires and Explosions: These can occur due to flammable materials or gas leaks, leading to burns and other traumatic injuries.
• Building Collapses: Structural failures that result in catastrophic injuries or death.
• Exposure to Hazardous Substances: Long-term health issues from exposure to toxic chemicals or materials.

Common Causes of Construction Site Accidents

Despite the significant improvements the construction industry has made to working conditions and job site safety education, construction workers still suffer injuries more often than workers in other sectors. Through the years, we’ve come to realize that many NYC construction site accidents stem from: 

Height Related Accidents & Falls

OSHA reports that height-related accidents and falls are among the top four causes of construction accident injuries. The injuries sustained from height-related accidents are typically more severe than accidents on the ground often resulting in head trauma, spinal cord injuries, broken bones, and torn muscles or ligaments. These serious injuries demand serious compensation. The risks associated with working from elevated platforms such as ladders, scaffolds, roofs, and make-shift elevations should not be underestimated by the contractors who are in the position to supply proper safety equipment to their workers.

Demolition Accidents

There are many unknowns when performing a demolition job. Construction workers must be fully informed about the project to remain safe. Foremen should share information regarding live wires, unstable foundations, and fire hazards. They must also ensure that safety procedures remain upheld to prioritize workers’ safety. 

Slip & Fall/Trip & Fall Accidents 

As a construction worker, you are accustomed to hazards on a job site. Yet, some hazards, like construction debris, mud, uneven surfaces, and ice, are just a few culprits that can cause devastating slip and fall accidents.

Fires & Explosions

Fires can arise from flying sparks, heat from cutting machinery, or short-circuiting live wires. Explosions can happen during demolition or when dealing with pressurized containers. 

Forklift & Crane Accidents

Improper use of these machines could cause crush injuries or fatalities. Workers can be hurt when hit by an item that’s being transported via crane or forklift. Additionally, operators can be ejected or severely injured if the machine collapses.

Machinery Accidents

The construction industry is synonymous with heavy machinery. At times, however, this machinery fails. Common causes of machine-related accidents include collapses and breakdowns.

The New York Labor Law requires that both owners and contractors ensure that equipment is operated safely, and that work platforms, scaffolding, and ladders are safe to work on. If not, we hold responsible parties accountable. 

What Factors Make Construction Workplaces Unsafe?

Human error or oversight is at the core of most construction accidents. Many construction-related accidents can be prevented by maintaining safe working conditions. Here are several factors that can contribute to unsafe construction site conditions.

Other ways that individuals can expose construction workers to unreasonable hazards include: 

Lack of Sufficient Personal Protective Equipment (PPE) 

Due to construction being high-risk work, OSHA requires construction companies to practice proper occupational safety by providing equipment and training to laborers. Typical PPE for construction workers includes:

• Safety harnesses
• Eye goggles
• Reflective vests
• Hard hats 

Without this essential equipment, workers are much more likely to sustain serious injuries. 

Dangerous Property & Equipment Conditions

Unsafe roofs, worn stairway treads, unstable scaffolding, shaky ladders, and uneven flooring are just a few of the many circumstances that can lead to construction accidents and injuries.

Construction site job managers can reduce these risks by taking a detailed property assessment before breaking ground on a project and adequately addressing and correcting the issues observed. Additionally, all potential issues and hazards should be made known to the construction site owner and workers before work begins. 

Failure to Train New Workers

Failing to properly train workers in job safety can have devastating consequences. These workers may not understand how to operate machinery, apply PPE, or avoid endangering others. 

Trust your NYC construction accident lawyer to investigate the circumstances of your case and gather compelling evidence. 

Construction Accidents Often Cause Serious Injuries

Our NYC construction accident attorneys advocate for people who have suffered: 

• Broken bones
• Severe burns
• Electrocutions 
• Traumatic brain injuries
• Spinal cord injuries (including those leading to paralysis) 
• Amputations
• Crushing injuries
• Death

If you suffered a construction site injury, we urge you to seek medical attention. This prioritizes both your health and personal injury claim. The information we get from your doctor (such as your imaging scans and lab test results) can serve as compelling evidence in your case. It also draws a direct link between the construction accident and your physical condition. 

Can I Bring a Lawsuit for My Construction Accident?

If another party’s actions or omissions caused your injuries and subsequent losses, you can file a personal injury lawsuit. Other categories of defendants may be sued solely based on their ownership and/or management of a construction site without regard to their fault. We carefully analyze each case to prepare for settlement negotiations or trial all with an eye toward maximizing your recovery. We also rely on our comprehensive understanding of construction and labor laws, which include: 

Labor Law 240(1) (Scaffold Law)

New York Labor Law 240(1) (or Scaffold Law), provides vital protection for workers involved in height-related tasks. This law holds contractors, property and building owners, and their agents liable for accidents resulting from inadequate or absent safety equipment. 

Labor Law 241(6)

Labor Law 241(6) mandates specific safety standards on construction sites. If you're injured due to a violation of the Industrial Code, such as unsafe flooring or inadequate hazard warnings, you have the right to seek fair compensation. 

Labor Law 200

Labor Law 200 is a general duty clause that requires construction sites to be maintained in a safe condition. If you're injured because of a hazardous condition on the site that the owner or contractor should have known about and fixed, you might have a claim under this law. 

Compensable Damages in Your Construction Accident Claim 

With our law firm’s advocacy, you could recover an array of economic and non-economic damages as they apply to your NYC personal injury case. These could include: 

• Medical expenses: Based on the severity of your condition, you could recover compensation for medical bills, including hospital stays, surgeries, medications, rehabilitation, and future medical needs.
• Lost wages: If your injuries prevent you from working, you can seek compensation for lost wages. This includes not only your current lost income but also potential future earnings. We can also seek lost union benefits. 
• Out-of-pocket injury-related expenses: You could have financial losses that extend beyond your treatment costs and lost wages. You could recoup damages for transportation to and from medical visits, modifications to your home to accommodate a disability, devices to assist with mobility, and in-home nursing. 
• Past and future pain and suffering: Accidents can cause both physical and emotional pain and suffering both of which are compensable items in a lawsuit. This applies to the immediate pain following an accident as well as ongoing and future physical discomfort and emotional distress.
• Wrongful death-related expenses: Your loved one may have suffered a fatal injury while working on a construction site. Financial recovery could include pre-death pain and suffering, loss of future earnings as well as funeral costs and burial fees. 

What Is Covered by Workers’ Compensation vs. a Personal Injury Claim?

Workers' compensation typically covers medical expenses and a portion of your lost wages following an on-the-job injury. It is a no-fault system, meaning you can receive these benefits regardless of who was at fault for the accident. However, workers' compensation does not cover pain and suffering or full wage replacement. 

However, a personal injury case could offer compensation for a broader range of expenses, including the full cost of your lost wages and non-economic damages. Trust our NYC construction injury lawyers to evaluate your case and identify each recoverable damage, ensuring we account for everything. 

How Oresky & Associates, PLLC Intends to Win Your Construction Accident Case

There’s no one-size-fits-all legal strategy for construction accident cases in New York City. Your case’s details are unlike any other, and we strive to offer client-focused support that accounts for your unique injuries, damages, and hardships. 

When we take your personal injury claim, we intend to win it. To that end, we: 

• Operate on a contingency-fee basis. As we’ll explain later, you never pay anything upfront or out of pocket for our legal insights. Our payment comes as a portion of your settlement–never from your personal savings. 
• Conduct a thorough case evaluation: We evaluate every aspect of your construction accident case, using our skill as New York construction accident attorneys to determine a suitable course of action. 
• Deal with insurance companies: As your construction accident team, we handle all communications and negotiations with insurance companies, protecting you from pressure to settle for less than you’re owed. 
• Seek full compensation: Some lawyers encourage their clients to accept fast, lowball offers so they can move on to the next case. Not us. Your case is our cause, and we intend to recover everything you need to rebuild your life. 
• Remain in constant contact about your case. You should never feel uncertain about where your case stands. Our team offers updates when you want them through your preferred communication method, whether that’s in-person or over the phone. 

Choose Oresky & Associates, PLLC to guide you through the legal process with knowledge, commitment, and compassion.

Get Compensated With Our Construction Lawyers 

If you were injured or lost a loved one in an NYC construction accident, our lawyers stand ready to pursue every dollar you deserve. Begin your consultation at (718) 993-9999.

Free Consultation

Our Construction Accident Attorneys in New York City Uncover Liability 

Determining liability is one of the most important tasks your NYC accident attorney undertakes. This is central to recovering compensation for your injury-related losses. Through a detailed investigation, our team learns the cause of your construction accident and pursues the financially responsible parties for compensation. 

Our NYC Construction Accident Attorneys Handle All Time-Sensitive Factors 

If you’re filing a negligence-based claim following a construction accident, you have a limited time to initiate legal proceedings. You generally have just three years from the date of your accident to sue. You have an even shorter deadline if: 

• You lost a loved one. The statute of limitations is two years to sue for wrongful death. 
• You’re suing the government. Here, you could have just 90 days to file your Notice of Claim which is required before bringing a lawsuit against many municipalities or government agencies. 

Our construction accident lawyers in New York City waste no time in building your case. That way, we adhere to all deadlines and protect your right to compensation. 

We Evaluate the Value of Your Construction Accident Claim 

To recover full compensation, our legal team will consider many case-specific elements. Both economic and non-economic. Your economic damages are those which are the direct financial losses you’ve sustained in the accident such as lost wages and lost future earning

Your non-economic damages, which represent the personal, non-financial losses related to the accident, such as pain and suffering will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, may affect your award.

Our construction accident attorneys in NYC leave no stone unturned when calculating your losses. Your settlement may account for losses you haven’t even incurred yet. 

Can I Still Recover Damages If I'm Being Blamed for a Construction Accident?

Yes, you can still recover compensation if you are being blamed for a construction accident. Construction site owners and general contractors are required to provide the necessary safety equipment and follow proper procedures. If you are filing a third-party suit for a construction site accident on an elevated surface, fault doesn't matter and the site owner or contractor can be held 100% liable.

Considerations After a Construction Accident in New York City 

When it comes to your personal injury case, the first steps involve gathering evidence, evaluating your losses, and ascertaining who to hold accountable. From the beginning of our partnership, we’re committed to fighting for the compensation you need to rebuild your life. 

Still, there are some post-accident considerations that could bolster your construction accident claim’s outcome. You should: 

Seek Medical Attention

Your health is the most important thing you have––and there’s rarely such a thing as a minor construction accident injury. Even if your injuries seem minor, internal or delayed symptoms can emerge. Getting immediate medical treatment not only ensures your well-being but also provides medical documentation, which proves instrumental in construction accident cases. 

Report the Injury

Promptly inform your employer or site supervisor about the accident––even if you aren’t sure about proceeding with an injury claim. This step is crucial for workers' compensation processes and also serves as an official record of the incident.

Document the Accident and Your Injuries 

There’s no such thing as having too much evidence to support a personal injury case. Take photographs of the accident scene, focusing on any contributing factors. Keep all correspondence between you and the involved parties, and store all injury-related bills, receipts, and invoices in a safe place. 

Gather Witness Information

Eyewitness testimony is another piece of vital information in your NYC construction accident case. Eyewitnesses aren’t just people who actually saw the accident happen. They can be first responders who came to your aid, law enforcement officials who took down a statement, and other construction workers who can attest to unsafe conditions. 

Preserve Evidence

Our construction accident lawyers once secured $18 million for a carpenter who fell 15 feet from unsecured scaffolding. In another case, we recovered $9.9 million for a construction worker in a similar situation. What did these two successful cases have in common? Evidence. Keep everything related to your case. 

Consult Our New York City Construction Accident Lawyers 

Not just any construction accident lawyer––one from Oresky & Associates, PLLC We are one of a small group of law firms in the NYC metropolitan area that has recovered hundreds of millions in construction accident settlements and verdicts. We’re confident that after sharing your story, you’ll feel empowered to move forward. 

File a Workers' Compensation Claim

As an injured construction worker, you have the right to file a workers’ compensation claim to recover your medical expenses and a portion of your lost wages. 

Follow Up on Medical Treatment

It’s one thing to get diagnosed by a healthcare provider. It’s an entirely different matter to follow through with your prescribed treatment plan. Doing so demonstrates to the insurance company that you’re committed to making a full recovery. It also refutes any allegations that your own negligence worsened your condition.

How Do I Make an Accident Report from a Construction Accident?

As noted, you should report the incident to your employer right away. Make sure that you do this in writing. This serves as an official record of the event, and it also prevents your employer from denying the incident ever happened. 

You must include some basic information when making the accident report, such as your name, contact information, and accident details. Do not worry about your legal status when making such a report. Even if you’re undocumented, you have the right to safety while working on a construction site, allowing you to seek compensation for your losses. 

Why Partner With Our Construction Accident Attorneys in NYC?

Over the past 30 years, we’ve seen everything, from fatal crane collapses to injuries resulting from falls from heights. In that time, we’ve cultivated a reputation of putting clients’ needs first, offering: 

• A thorough understanding of labor laws: Knowledge of New York labor laws is essential for building a strong case.
• Our investigative resources: With our firm, you get more than a construction accident lawyer; you get an investigator who intends to evaluate your case’s every aspect. 
• Negotiation skills: Our NYC lawyers are skilled advocates inside and outside of the courtroom. We have the ability to persuasively present your case to insurance adjusters and defense attorneys to maximize your potential settlement while at the same time preparing your case to successfully persuade a jury at trial if need be.