New York City Construction Accident Lawyer

Construction Site Accidents Can Result in Catastrophic Injuries

Construction sites have some of the highest rates of workplace injuries in the state. Construction accident injuries, such as those from struck-by accidents, electrocutions, and falls from heights, can result in serious injuries that have life-altering consequences for workers. A serious injury can impact a worker’s physical health, ability to work, and financial stability.

Other common types of injuries sustained in construction site accidents include:

• Electrocutions
• Burns
• Broken bones
• Crush injuries
• Amputation
• Nerve damage
• Soft tissue damage
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Head injuries

Prompt medical treatment is crucial after any construction accident to address injuries and support any future insurance or legal claims.

To protect workers from accidents, construction companies must ensure that their employees receive proper training, use the necessary safety equipment, and follow safety procedures. If you were involved in an accident at work that was caused by the negligence of another, you may be entitled to recovering compensation.

How Can a New York City Construction Accident Attorney Help?

Construction site accidents are not only physically challenging for the injured worker, but they can also exert psychological, emotional, and financial pain as well. At Parker Waichman LLP, our experienced construction accident attorneys in New York City understand the unique challenges faced by injured workers in New York City. After an accident on a construction site, you may be faced with a long and painful recovery. The combination of dealing with the financial burden your injuries have caused and your painful recovery can make pursuing compensation exhausting and overwhelming.

If you were injured on a construction site, the construction injury lawyers at Parker Waichman LLP can help you deal with the aftermath by:

• Investigating the accident
• Determining the cause of the accident
• Gathering evidence
• Establishing liability
• Interviewing witnesses
• Consulting with experts
• Settlement negotiations
• Filing a lawsuit on your behalf
• Representing you in court

Once you hire a member of our legal team, an experienced New York City construction accident attorney will investigate your accident, gathering evidence that can help support your case. They may review surveillance footage, medical records, employment records, photos of your injury and the work site, interview witnesses, and consult with experts to determine how the accident occurred, why, and who should be held liable for your damages.

Can I File a Lawsuit After a Construction Accident?

While workers’ compensation insurance prevents you from filing a lawsuit against your employer, you may be able to file a construction accident lawsuit against a negligent third party. Our legal team will handle your construction accident case, guiding you through the process of construction accident claims and working toward recovering compensation for your injuries and other damages. If the at-fault party or their insurance company refuses to make a reasonable settlement offer, we will negotiate aggressively with insurance companies and, if necessary, proceed to trial to present your case before a judge and jury.

New York Labor Laws

NY labor law—specifically Labor Laws 200, 240, and 241—protect construction workers and others on the job site from injury and death. These statutes are a important part of New York’s laws governing workplace safety. Our firm’s deep expertise in construction law ensures that clients benefit from comprehensive legal knowledge and effective representation.

New York Labor Law 200 – Common Law Negligence

Also referred to as Common Law Negligence, Labor Law 200 requires owners of construction companies, contractors, and other parties to provide a safe work environment for construction workers and visitors by ensuring the site itself is safe and is equipped, operated, or arranged in a manner that provides workers and visitors with reasonable and adequate protection. Construction site safety and occupational safety are key obligations for owners and contractors, who must comply with all relevant safety standards and regulations. Under this law, devices, equipment, and machinery must be guarded, placed, and operated in a way that protects workers and site visitors.

If the Labor Commissioner identifies unsafe conditions on a job site they will post a notice that warns workers and visitors of the dangers and may prohibit further work on the site until the dangerous conditions have been addressed. Through a legal proceeding, the Attorney General’s Office can step in and also enforce this notice, prohibiting the use of equipment or machinery on the site until the dangerous conditions have been corrected. Once the construction site owner, construction company, contractor, or other party has fixed the hazardous condition, they must submit a written notice to the Labor Commissioner.

The site will have an additional inspection within ten business days. If the dangerous conditions have been corrected, the notice will be removed and work can commence. Failing to meet construction site safety and occupational safety standards can lead to job site accidents. If a worker is injured and can show their injury was the result of a dangerous condition on the job site that the contractor or property owner knew about or should have known about or the other party has a history of safety violations, it can support the injured worker’s lawsuit. However, unlike other labor laws, the injured worker’s own negligence is a factor.

Labor Law Section 240(1) – Scaffold Law

Labor Law 240(1), also referred to as the Scaffolding Law, or Scaffold Law, is a key part of construction accident law that protects construction accident victims—specifically construction workers—who are at risk of being struck by an object from a height or those at risk of falling from heights.

However, this Labor Law covers very specific types of construction work, including the erection, demolition, altering, painting, cleaning, repairing, or pointing of a building or structure. This excludes activities that are related to decorative work, manufacturing, or maintenance. Passersby, motorists, and pedestrians are not covered under this law.

Strict liability for construction worker safety is placed on a building owner, the owner of the construction company, the general contractor, or its agent, who is controlling or directing the work being done to repair, maintain, or build a structure. The owner of a three-family dwelling or larger is automatically liable if an accident occurs, while owners of a one or two-family dwelling are excluded from liability unless they had direct oversight of a project.

Employee negligence is not taken into consideration under the Scaffolding Law and allows injured construction accident victims to recover more compensation than allowed under workers’ compensation benefits by filing a construction accident claim.

It is the responsibility of a building owner, general contractor, its agent (subcontractor), or a construction company to create a safe work environment, with safety measures in place that will prevent a fall. Safety measures include scaffolding that can bear weight equal to four times or more the weight of construction workers and the necessary materials, and safety railings. Construction workers must also use essential safety gear and equipment, the use of which must be enforced by the supervising party.

When a construction worker is injured from a fall or was struck by an object that fell from a height, due to a failure to ensure the safety of construction workers and the worker sustains an injury or dies as the result of this failure, the owner of a construction company, property owner, contractor, or its agent, can be sued through construction accident claims under the Scaffold Law.

Labor Law 241(6)

Labor Law 241(6) applies to workers who are involved in excavation, demolition, or construction, and also applies to the use of safety equipment. This law is a key part of construction site safety and occupational safety regulations in New York. An owner or contractor is required under New York State Labor Law to take reasonable steps to provide safety provisions to construction workers. This law is similar to Labor Law 240, but focuses on safety practices of a construction site at ground level, addressing how floors are constructed during the building process, materials used, in addition to elevators, and all types of hoisting apparatus.

Labor Law 241(6) outlines how a construction site must be constructed, conducted, operated, arranged, and guarded to prevent job site accidents. This law also requires workers to be equipped with the proper protection and safety equipment to carry out construction, excavation, and demolition duties, supporting occupational safety standards. If a worker is injured in a job site accident, they must show that a contractor or owner did not comply with certain regulations under the New York Industrial Code and this failure resulted in the worker’s injuries. If proven liable, a contractor or property owner will be required to pay for the injured worker’s accident-related damages.

Filing a Lawsuit After Sustaining a Grave Injury

Workers’ compensation insurance typically prevents workers injured from filing a lawsuit against their employer. In most cases, construction workers injured would file a claim through their employer’s workers’ compensation insurance, which pays for their medical expenses and a portion of their lost wages. New York’s Labor Laws provide additional protection for construction workers, allowing them to file additional claims against property owners, contractors, and other liable parties.

Additionally, if an employee sustains a serious injury or other serious injuries—such as those commonly seen in construction accident injuries—they may be eligible to file a third-party lawsuit against a construction site owner, contractor, or other party if that party’s negligence contributed to the injury. The third party being sued can bring the injured worker’s employer into the lawsuit, sharing liability for damages, significantly increasing the injured party’s potential for recovering compensation.

What is Considered a Grave Injury Under New York Law?

Under New York law, the following are considered grave injuries, which are often classified as serious injuries resulting from construction accident injuries:

• Death (including construction worker deaths)
• Permanent and total loss of use or amputation of an arm, leg, hand, or foot
• Loss of multiple fingers
• Loss of multiple toes
• Paraplegia
• Quadriplegia
• Total and permanent blindness
• Total and permanent deafness
• Loss of nose
• Loss of ear
• Permanent and severe facial disfigurement
• Loss of an index finger
• An acquired injury to the brain caused by an external physical force resulting in permanent total disability

These serious injuries and fatal outcomes highlight the severe impact construction accident injuries can have on workers and their families.

New York Labor Laws and Wrongful Death

If a worker was not given any type of fall-prevention equipment, a property owner or contractor failed to comply with safety rules set by the New York Industrial Code, or a property owner, contractor, or other party failed to prioritize the safety of the worker, resulting in the accident and their fatal injuries, eligible family members may be able to file a wrongful death claim in the context of construction worker deaths. In addition to recovering compensation through workers’ compensation death benefits, families may also seek support from the New York Uninsured Employers Fund if the employer did not carry proper insurance.

An experienced construction accident lawyer at Parker Waichman LLP is familiar with New York Labor Laws and workers’ compensation laws and can investigate the accident to determine whether any labor laws were violated or another form of negligence resulted in the untimely death of a loved one, helping families with recovering compensation through all available avenues.

Contact Us Today

If you were injured in a construction accident, you may be entitled to additional compensation. At Parker Waichman LLP, our New York City construction accident lawyers offer free consultations. They can meet with you to review your case and determine if you have grounds to file a third-party lawsuit. Contact our team of experienced NYC personal injury attorney today to learn more about how we can help your injury claims. Contact us today at (212) 267-6700 to get the compensation you deserve.