Construction is one of the most dangerous jobs in New York. Workers face risks from falling objects, faulty equipment, unsafe scaffolding, and many other hazards. When a construction accident happens, it can cause serious injuries or even death. If you or a loved one has been hurt on a construction site, it’s important to know your legal rights.
In this article, we’ll explain how a New York construction accident lawyer can help you, what to do after an accident, your legal options, and how to choose the best lawyer for your case. This guide is written in plain English to help everyday people understand how to get justice and compensation.
What is a Construction Accident?
A construction accident is any injury or incident that happens on a construction site. These accidents may involve:
- Falls from scaffolding or ladders
- Being struck by falling objects
- Equipment malfunction or operator error
- Electrical shocks or burns
- Collapsed trenches or walls
- Exposure to hazardous materials
- Accidents involving cranes, forklifts, or heavy machinery
These accidents can happen due to negligence, unsafe work conditions, or failure to follow safety laws.
Why Do You Need a New York Construction Accident Lawyer?
After an accident, you may face medical bills, lost wages, and long-term pain. A construction accident lawyer can help you:
- Understand your rights
- File a legal claim
- Get compensation for your injuries
- Deal with insurance companies
- Hold the responsible parties accountable
In New York, workers’ compensation is usually available. But in many cases, you may also have the right to file a personal injury lawsuit. A skilled lawyer will know which path is right for you.
Common Causes of Construction Accidents in New York
Understanding the common causes of construction accidents can help you prevent them — and also know when someone else might be at fault. Some of the most frequent causes include:
1. Lack of Proper Safety Equipment
Hard hats, safety harnesses, gloves, and goggles are required on most construction sites. Employers must provide this gear and train workers to use it.
2. Poor Training
Untrained or undertrained workers are more likely to cause or suffer from accidents.
3. Unsafe Scaffolding and Ladders
Scaffolding must be properly built and inspected. Ladders must be secure and used safely.
4. Falling Tools and Debris
Even a small tool falling from a height can cause a serious injury. Sites must use netting or barriers to protect workers.
5. Faulty Machinery
Old, damaged, or poorly maintained machines can cause crushing injuries, cuts, or even explosions.
Who Can Be Held Responsible for a Construction Accident?
Several parties can be held legally responsible for an accident, including:
- Construction companies: If they fail to follow safety rules.
- Site owners: If they allow dangerous conditions to exist.
- Equipment manufacturers: If the tools or machinery are defective.
- Contractors or subcontractors: If they cause accidents through negligence.
A New York construction accident lawyer will investigate to find out who is legally responsible.
What Are Your Legal Options?
There are two main legal paths after a construction accident in New York:
1. Workers’ Compensation Claim
Most employees in New York are covered by workers’ compensation. This system pays for:
- Medical treatment
- A portion of lost wages
- Permanent disability
Note: You usually cannot sue your employer directly if you accept workers’ comp. However, this is not always the best or only option.
2. Third-Party Lawsuit
If a third party (not your employer) caused the accident, you may be able to file a personal injury lawsuit. This can help you recover:
- Full lost wages
- Pain and suffering
- Emotional distress
- Long-term medical care
Your lawyer will help you understand which option is better based on your case.
What to Do After a Construction Accident in New York
If you or a loved one is injured, it’s important to act quickly. Here’s what to do:
1. Seek Medical Help
Your health comes first. Call 911 or go to the emergency room. Follow all doctor’s instructions and keep records.
2. Report the Accident
Tell your employer or site supervisor as soon as possible. This is necessary for workers’ compensation and future claims.
3. Gather Evidence
If you’re able, take photos of the scene, your injuries, and any equipment involved. Get contact information of witnesses.
4. Do Not Sign Anything Without Legal Advice
Insurance companies may try to get you to sign papers or accept a quick settlement. Talk to a lawyer first.
5. Contact a Construction Accident Lawyer
An experienced New York lawyer will guide you through the legal process and fight for your rights.
How Much Compensation Can You Get?
Every case is different, but compensation may include:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Disability or disfigurement
- Emotional distress
- Wrongful death (for families of deceased workers)
The amount you receive depends on how serious your injuries are, how long you’ll be out of work, and the impact on your life.
How Long Do You Have to File a Claim?
In New York:
- Workers’ Compensation: You must notify your employer within 30 days. You must file a claim within 2 years.
- Personal Injury Lawsuit: You must file within 3 years from the date of the accident.
- Wrongful Death: You must file within 2 years of the death.
Missing these deadlines could mean losing your right to compensation, so it’s best to act quickly.
How to Choose the Right Construction Accident Lawyer in New York
Not all lawyers are the same. Here are tips to help you choose a good one:
1. Experience with Construction Cases
Look for lawyers who specialize in construction or workplace injuries.
2. Positive Reviews and Case Results
Check online reviews and see if they’ve won large settlements for past clients.
3. Free Consultation
Many good lawyers offer a free first meeting. Use it to ask questions and see if they’re a good fit.
4. No Win, No Fee
Look for lawyers who work on a contingency fee basis, meaning they only get paid if you win.
5. Good Communication
Choose someone who listens, explains things clearly, and keeps you updated.
Why New York Has Special Construction Accident Laws
New York is one of the few states with special laws that protect construction workers. These include:
1. Labor Law 240 (The “Scaffold Law”)
This law protects workers who fall from heights or are hit by falling objects. It allows workers to sue for damages, even if they receive workers’ comp.
2. Labor Law 241
This law provides extra safety rules for construction and demolition sites.
3. Labor Law 200
This law requires site owners and contractors to provide safe work conditions.
A good construction accident lawyer in New York will know how to use these laws to your advantage.
Real-Life Example
Carlos’s Story:
Carlos was working on a scaffold in Brooklyn when he fell and broke both legs. His employer said he had to use workers’ comp. But Carlos spoke to a construction lawyer who found out the scaffold had no guardrails — a clear safety violation under Labor Law 240. The lawyer helped him file a lawsuit and win over $1 million for his pain, medical bills, and lost income.
Final Thoughts
Construction work is dangerous, but you have legal rights if you’re hurt. Don’t accept less than you deserve. A skilled New York construction accident lawyer can help you get the compensation you need to heal and rebuild your life.
Whether you’re dealing with workers’ compensation, a third-party lawsuit, or a wrongful death claim, having the right lawyer by your side can make all the difference.
Frequently Asked Questions (FAQs)
Q: Do I need a lawyer if I already get workers’ compensation?
A: Yes, a lawyer can help you explore other options like third-party lawsuits which may pay much more.
Q: How much does a construction accident lawyer charge?
A: Most work on a contingency basis. You only pay if they win your case.
Q: Can I sue if I’m undocumented?
A: Yes. In New York, your immigration status does not affect your right to file a claim.
Q: What if I’m partially at fault?
A: You may still recover money. New York follows comparative negligence rules. More Information on gamesteller.
1 thought on “New York Construction Accident Lawyer: Your Guide to Legal Help After a Worksite Injury”