Construction Accidents
Award-Winning Construction Accidents Legal Representation
Home » Construction Accidents
New York City Construction Accident Lawyer
Construction sites are notoriously dangerous workplaces. In fact, one out of five worker deaths in the United States involves construction workers. Every ladder, walkway, platform, or rail has the potential to turn into a slip or a fall, and an accident can leave a worker suffering the financial consequences of missed work, ongoing medical treatment, and possible long-term injuries that will directly impact their ability to earn a living.
The New York labor and construction injury lawyers at Giordano Law Offices Personal Injury & Employment Lawyers work hard to help injured construction workers and their families get the justice they deserve. We have helped many injured victims obtain financial compensation for their damages with their construction accident cases. And we can help you too!
You can schedule a free consultation with our New York City construction accident lawyer by calling or texting us anytime at (646) 217-0749.
Table of Contents
ToggleEqual Representation For All Regardless Of Citizenship Status
Unfortunately, construction accidents are widespread in New York, which has hundreds of construction projects underway within all five boroughs. If you are an injured New York construction worker, it is essential to contact a New York City construction accident attorney to take crucial legal action, whether through a personal injury lawsuit or a workers’ compensation claim. This can be an intimidating process for anyone who is unfamiliar with injury cases — especially while trying to deal with the direct issues that come with suffering a serious injury or losing a loved one.
Do not let citizenship status stop you from defending your rights and demanding the compensation you deserve. Undocumented visitors and residents of this country have full equanimity and rights under the State of New York laws and the Constitution of the United States.
Our New York construction accident attorneys speak English and Spanish. They have successfully represented and recovered millions for our clients, and will be happy to discuss your unique situation during a consultation. You will be able to learn all about your rights regardless of your documentation status, as well as the path forward that you can expect once partnered with a proven injury attorney.
Types Of New York Labor And Construction Site Accidents
Construction workers ensure that New Yorkers have places to live, work, and recreate. Our New York City high-rise buildings, roads, bridges, highways, tunnels, airports, apartment buildings, and gyms are due to the hard work of male and female construction workers. New York City workers are all essential components of what keeps New York City going each day. These include:
- like electricians
- window cleaners
- iron-workers
- bricklayers
- masons
- painters
- sheet metal workers
- and plumbers
Unfortunately, the construction industry ranks among one of the most dangerous lines of work, even though there are a number of laws in place meant to protect workers. On a job site, there is a constant opportunity for a lot to go wrong. When a construction site violates the federal Occupational Safety & Health Administration’s standards or New York labor laws, there may be evidence of negligence, a central focus of construction accident cases.
The most common causes of construction site accident injuries and deaths for construction and labor workers are:
Crane Accidents
Cranes are massive, very heavy tools used to lift building and construction materials. A crane accident can be catastrophic for many on the job site. Almost half of all crane-related accidents are caused when cranes come into contact with power lines. The metal surfaces of the crane become energized, and electrocution and other accidents can occur (OSHA). Improper use of machinery, weather patterns, and other factors can also lead to crane injuries and accidents.
Construction Site Burn Injury
Construction workers are very susceptible to burn injuries. It’s because of the dangerous nature of their day-to-day tasks on the job. A burn injury construction site accident can result from:
- electric shock
- gas line explosion
- exposure to hazardous chemicals
- welding accidents
- exposure to open flames/fire
- pipe explosions, and more
Electrocutions
Electrocutions are the 4th leading cause of death on the job site among construction workers. Electrocution occurs when someone is exposed to a fatal amount of electricity.
A construction accident lawsuit stemming from an electrocution — fatal or not — will involve determining the cause of the accident, whether or not any negligence factored into the accident, who is liable for the construction injury, and what financial compensation is owed to the victim, either as workers’ compensation benefits or as a lawsuit award.
Elevator Accidents On Construction Sites
Falls down elevator shafts not clearly marked as open and elevator malfunctions account for a large portion of construction site deaths. Common injuries in elevator accidents are:
- neck and back injuries
- fractures and broken bones
- spinal injuries
- traumatic brain injuries
- death
Explosion Injury
According to OSHA, fires and explosions kill 200 & injure 5,000 workers each year. A single spark can cause a construction site explosion or fire. When this happens, it can injure or kill construction workers.
Causes of construction site fires are:
- compressed gas cylinders
- flammable and combustible liquids
- chemical explosions
- pressurized container explosions
- blasting agents
- and more
Caught In-Between
Construction workers are often caught in between building materials or equipment. Ironworkers have high rates of being caught in-between fatalities due to their work. This injury occurs when equipment with moving parts is improperly safeguarded or stored. Additionally, mobile machinery can tip over, causing cave-ins of unprotected trenches and excavations that are very dangerous for a construction worker. Serious injury or death can occur from being caught in between or crushed on a construction site.
Fall From Heights
Construction site falls are the leading cause of death on construction sites. Appropriate fall protection was the most frequently cited OSHA violation when they last tabulated citations during the fiscal year of 2018 (see below). In New York City, where buildings are over 100 stories high, the risks are enormous, and construction worker falls can be deadly.
Struck By Object/Falling Debris
After falls, falling objects and debris are the second-leading cause of fatal accidents on a construction site. Anytime a construction worker is under an elevated working area, there is a risk of injury or death from a falling object. Even small objects like nails can become deadly when they fall from a great height or strike a sensitive orifice.
Forklift Accidents
Forklift accidents can occur when the operator encounters a blind spot or has a blocked view. According to OSHA, over 95,000 workers are injured in forklift accidents per year — the average construction worker suffers construction accident injuries nearly every 5 minutes.
Injuries and deaths occur:
- when the forklift overturns
- workers fall from forklifts
- forklifts crush laborers
- workers are struck by falling material(s).
Improperly Braced/Unprotected Holes
Serious injury and death can occur when scaffolding has not been appropriately constructed. Or when there are unprotected or improperly braced holes in flooring, causing construction workers to fall.
Ladder Injuries
Ladder fall injuries can be fatal especially given the nature of the tall buildings in New York. Ladder safety violations are listed in the top 10 most cited OSHA safety violations. Suppose a construction site violates federal OSHA safety guidelines. In that case, there may be evidence of negligence.
Scaffolding Injuries
Improperly constructed scaffolding can result in construction worker fall injuries. Additionally, injuries can occur when holes and openings in scaffolding allow debris to strike or crush workers or passerby. Finally, improperly constructed scaffolding can also cause injury or death when the scaffolding itself falls onto or crushes workers or passerby.
Section 240 of New York’s Labor Law, known as “Scaffolding Law,” sets forth guidelines for how scaffolding must be erected, secured, and maintained. If you are a New York construction worker who has been hurt in this common construction accident case, it’s important to work with an experienced construction scaffolding accident attorney who understands scaffolding law.
Shores and Forms
Shore-related injuries occur when shoring, a process of temporarily supporting a building or structure with props, is improperly constructed. Laborers can fall, get caught in between, get struck by debris, or be crushed as a result. Forms, temporary or permanent molds into which concrete or similar materials are poured, can also cause injury when OSHA safety measures are not met.
Construction workers can get injured when molding material falls on them, gets stuck in their eyes or other orifices, or causes them to get stuck in-between construction materials. A New York building collapse accident attorney at Giordano Law Offices Personal Injury & Employment Lawyers can guide you better if you encounter this type of injury.
Liable Parties in an NYC Construction Accidents
According to NYC labor laws, the following can be held liable for construction site injuries:
Construction Site Owners And General Contractors
A property owner must ensure their construction employees’ safety at work. Per the New York State Labor Law section 200, general contractors and property owners are legally obligated “to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places.”
In other words, they must ensure a safe construction site for their employees. Any potential dangers must be addressed. They should also provide their workers with safety equipment to carry out their job. Construction site workers must also be adequately trained to do the job.
You don’t have to prove that the contractor or owner was reckless in any way under strict liability rules for a construction accident case because most job site accidents are handled under workers’ compensation claims. Whether or not your New York construction accident case will go through workers’ comp, it is helpful to work with a construction accident lawyer who can guide you through this process and ensure that you are working towards the full compensation you deserve, not just current medical expenses and lost wages.
Subcontractors
Construction sites have many different moving parts. General contractors have to entrust some of the work to subcontractors. Like general contractors, subcontractors are also responsible for providing a safe work site. You might hold subcontractors accountable for your construction injuries had they become negligent, and construction accident lawsuits are often directed at subcontractors or others who are not protected by workers’ compensation.
Architects And Engineers
Engineers and architects can also be held liable for construction accidents. They design buildings and structures that must adhere to generally accepted professional standards. They must also ensure that job sites are inspected regularly.
Suppose you’re injured due to a structural issue, faulty design, or inadequate inspection. In that case, architects and engineers can be held accountable.
Equipment Manufacturers
Construction sites have many pieces of equipment and machinery. Defective machines can hurt even the most skilled construction workers. Suppose you’re injured in a construction accident due to a defective machine. In that case, you might be able to hold the manufacturing company liable.
The Most Frequently Cited OSHA Standards Violations
For the fiscal year of 2018, OSHA, the Occupational Safety and Health Administration, tabulated the most frequently cited OSHA health and safety standards violations:
- Fall protection, construction
- Hazard communication standard, general industry
- Scaffolding, general requirements, construction
- Respiratory protection, general industry
- Control of hazardous energy (lockout/tagout), general industry
- Ladders, construction
- Powered industrial trucks, general industry
- Fall protection–training requirements
- Machinery and Machine Guarding, general requirements
- Eye and face protection
[Data is from the OSHA website:https://www.osha.gov/data/commonstats.]
Nearly every item, tool, or machine on a construction site is capable of causing injury. Workers routinely experience construction accident injuries due to:
- falls
- falling objects
- electrocutions
- crane accidents
- scaffold accidents
- ladder accidents
- getting run over by operating equipment, forklift, and welding accidents
- getting crushed
- exposure to dangerous materials.
Giordano Law Offices Personal Injury & Employment Lawyers attorneys represent injured workers and their families. Call or text us today for your free consultation: (646) 217-0749.
Construction Accidents Resulting from Faulty Equipment
Accidents can occur on construction sites not only due to unsafe conditions but also because of faulty equipment. Sub-contractors may lend their machinery, but ensuring their complete safety is not always guaranteed. Additionally, in some instances, manufacturers could be held responsible for design or production defects that lead to accidents.
Malfunctioning heavy machinery, including power tools, forklifts, and bulldozers, can pose significant risks to construction workers. If you have suffered injuries in a construction accident due to faulty tools or equipment, you should consult with an experienced New York City construction accident attorney to pursue a claim against the manufacturer or another third party for their negligence.
Construction Injuries from Chemical Exposure
Construction workers in California face daily exposure to hazardous materials, including chemicals, compounds, and toxic substances, which can lead to severe and life-threatening illnesses or injuries. These toxins can enter the body through direct contact or inhalation of fumes and dust, resulting in various health issues and long-term medical problems.
Toxic chemicals pose an unpredictable threat as workers may remain unaware of dangerous exposure. Unfortunately, symptoms of toxic exposure can manifest either immediately or years later, complicating the process of proving construction site conditions caused injuries. Seasoned NY construction accident lawyers can help you take the right steps to get the compensation and justice you deserve.
How Long Do I Have to File a Construction Injury Claim?
In New York, the statute of limitations for filing an injury claim related to construction accidents is generally three years from the date of the accident. However, you should not delay consulting with New York City construction accidents lawyers to understand the specific details of your case and to ensure that you comply with all legal requirements.
Failing to file a claim within the statute of limitations could result in losing your right to seek compensation for the injuries and losses you sustained in the construction accident. Act promptly to protect your rights and consult with a construction injury lawyer NYC today to build a solid claim.
Damages Available After a New York Construction Accident
After a construction accident in New York, various types of damages may be available. The specific damages depend on the circumstances of the accident and the severity of your injuries. The best construction accident attorney NYC will help build a strong case and negotiate with insurance companies on your behalf to seek the following damages:
- Medical Expenses: This is compensation for current and future medical bills related to the injuries sustained in the accident, including hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
- Lost Wages: You are entitled to reimbursement for the income lost due to the inability to work during recovery. This may include past and future lost wages if the injuries result in a long-term or permanent disability.
- Pain and Suffering: Non-economic damages intended to compensate for physical pain and suffering, as well as emotional distress caused by the accident and injuries.
- Permanent Disability or Impairment: Compensation is owed for long-term or permanent disabilities or impairments and diminished quality of life resulting from the construction accident.
- Loss of Consortium: Damages awarded to the spouse of the injured party include the loss of companionship, affection, and support due to the injuries.
- Punitive Damages: In rare cases where the defendant’s actions were willful or grossly negligent, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
- Wrongful Death Damages: In the unfortunate event of a fatal construction accident, surviving family members may be eligible to pursue wrongful death damages, including funeral expenses, loss of financial support, and loss of companionship.
Be prepared to consult with a skilled construction worker injury lawyer NYC to assess the full extent of your damages and ensure that you receive the maximum compensation you deserve.
Important Next Steps If You Have Been Injured In A Construction Accident
If you have been injured, it is essential that you contact a qualified New York City construction accident lawyer as soon as possible. Try to speak with a New York construction accident attorney before giving a statement for an accident report or speaking with an insurance adjuster. Remember, they may be recording you without telling you. They may try to use that recorded statement against you later on.
The skilled construction accident attorneys at Giordano Law Offices Personal Injury & Employment Lawyers are adept at handling many construction accident claims. Suppose you have been injured on the job. In that case, you may be entitled to a monetary recovery for your pain and suffering, lost wages, medical and hospital expenses, and other lost benefits. New York state law allows for injured New York City construction workers to file for worker’s compensation benefits to cover their medical expenses and part of their lost wages while unable to work. If your injuries will impact your ability to return to work in the future, these lost wages may be factored into long-term disability payments.
It is not uncommon for injured New York City construction workers to have two simultaneous cases at once:
- one for your workers’ compensation case
- another for your personal injury lawsuit
Giordano Law Offices Personal Injury & Employment Lawyers New York City Construction Lawyers are top-rated in the field and have recovered millions for our clients. Our construction accident lawyers are skilled at handling all aspects of your lawsuit. Our top-rated NYC construction accident attorneys will aggressively pursue justice in the form of recovery for you. Call or text our attorneys anytime for a free consultation at (646) 217-0749.
Is My NYC Construction Injury Or Accident Actionable By A Lawsuit?
Suppose you or someone you love has been injured in a construction accident. In that case, you may be entitled to monetary recovery. Sections 200, 240, and 241(6) of the New York State Labor Law directly address construction accident claims. These sections are essential. In the case of severe and catastrophic construction accidents, workers’ compensation benefits often do not adequately compensate you or your loved one for your medical bills, pain and suffering, loss of earnings and benefits, and hospital bills. New York Labor Law limits you from suing your employer for a work accident. It is because you are entitled to a workers’ compensation claim from your employer if they have workers’ compensation insurance. But, you may nonetheless have a claim and be able to sue depending on the circumstances.
Labor Law 240(1) requires contractors and their agents to provide proper protection to workers engaged in erection, demolition, repairing, altering, painting, cleaning, or pointing of buildings or structures who are using ropes, irons, braces, pulleys, blocks, hangers, slings, ladders, stays, hoists, scaffolds, and other devices. These are typical “gravity-related” accidents involving workers falling from heights or objects falling on workers. But there can be other types of construction accidents caused by gravity. Labor Law 241(6) allows workers to sue general contractors, owners, and other contractors for violations of specific regulations of the New York State Industrial Code. Labor Law 200 allows workers to sue companies for failing to provide reasonable and adequate protection to workers on a job site.
Construction sites are dangerous places where sometimes fatal accidents occur. Unfortunately, works are sometimes hurt on scaffolding, ladders, and hoists. While not all construction accidents allow injured parties to sue their employers, it is imperative that you contact a skilled New York City construction accident attorney at Giordano Law Offices Personal Injury & Employment Lawyers today. We have a dedicated line where prospective clients can text or call us anytime: (646) 217-0749. We will never charge you for an initial consultation, and we treat our clients like family. When you become a client of Giordano Law Offices Personal Injury & Employment Lawyers, you have access to our attorneys every step of the way. Our attorneys are always in touch with you to update you on the status of your case.
Workers’ Compensation In New York Work Site Accident Claims
Victims can utilize workers’ compensation to pay their medical bills and other costs. Worker’s compensation applies slightly differently in each state. But it generally works by covering medical bills and partial wages for the time that you are injured. It is available to those injured on the job. It is generally the only way workers can bring a claim against their employers for injuries. Workers’ compensation is a no-fault system. It means that a worker can recover whether their employer was negligent or not. There may be limits on which doctors you can visit, how much you can recover per week, and the duration of payments. Our New York workers comp attorneys strive to get injured construction workers the benefits they are entitled to under New York law.
Bringing Third-Party Claims To Help Injured Workers Get Compensation
The law prevents workers from suing their employers. But it does not prevent lawsuits against other people or companies. Workers can frequently bring negligence claims against other contractors, subcontractors, and property owners. Our lawyers will work with you to bring a negligence claim against any party who caused you to suffer an injury.
Legal Help For Fatal Construction Site Accidents
When a construction accident is fatal, our attorneys help families get justice. Suppose the accident was the fault of your loved one’s employer or an accident with no one at fault. In that case, you might be entitled to benefits under workers’ compensation laws. Suppose another contractor or entity was responsible for your relative’s death. In that case, we would assist your family in bringing a wrongful death lawsuit and seeking compensation.
If You Or If A Loved One Has Experienced A Construction Site Injury, Call Or Text Us Today
At Giordano Law Offices Personal Injury & Employment Lawyers PLLC, our New York construction accident lawyer provides experienced and skilled representation to injured construction workers. If you or a loved one has sustained serious injuries on a construction site, our New York construction accident lawyers can help.
Our Personal Injury Attorneys have been ranked in the top 5% in the country by Thomson Reuters Super Lawyers. Expertise, Avvo, and Lawyers.com have recognized our attorneys with 5-star reviews. We treat you with personal care when you call us after you or your loved one has been injured or has died. You speak directly with attorneys who have won millions for construction accident and catastrophic injury clients. You are given the personal cell phone number of our leading attorneys. They are available to you around the clock.
With Giordano Law Offices Personal Injury & Employment Lawyers, we take pride in our customer service. And you are treated as an extension of our family. Call or Text us anytime for a free consultation with proven construction accident lawyers: (646) 217-0749. Additionally, you can email us at Info@Gio-Law.com or contact us online to schedule a consultation. We look forward to hearing from you soon.
The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.