Our Case Results
Here are some examples of construction accident settlements and case verdicts we have obtained for injured construction workers in Manhattan, Brooklyn, Queens, Staten Island, the Bronx, and throughout the NYC metro area:
- $2,032,000 in a labor law verdict on behalf of a construction worker who was injured due to a defective scaffold.
- $2 million settlement on behalf of a man who injured his tibia due to an unsafe worksite.
- $1.6 million in a labor law verdict on behalf of a man who suffered a traumatic brain injury after falling from a ladder.
These case results demonstrate our deep commitment to securing justice for our clients and the substantial resources and experience we bring to every construction accident case. Our proven track record reflects our unwavering dedication to achieving the best possible outcomes, no matter how complex the challenge. When you choose us, you can trust that we will fight relentlessly to protect your rights and maximize your recovery.
Why Do Construction Accidents Happen?
While industry regulations are in place to protect construction workers, accidents still happen. It doesn’t help that this type of work is performed at great heights, often with powerful, complex machinery and amid countless potential dangers. Still, most construction accidents are preventable.
Causes of Construction Accidents include the following:
- Lack of adequate training
- Lack of supervision
- Lack of safety equipment
- OSHA violations
- Poor communication
- Poorly maintained equipment and machinery
- Defective tools and machinery
- Intoxication
- Ungrounded conductors or hot wires
- Working in bad weather
Whatever the cause, our New York construction accident attorneys have the experience to help you through this difficult time. Reach out to Rheingold Giuffra Ruffo Plotkin & Hellman LLP for a free consultation today.
Different Types of Construction Accidents
The Fatal Four
The Occupational Safety and Health Administration (OSHA) has long been concerned with the high rates of injury on construction sites. There were 5,486 fatal work injuries in 2022.
To curb this problem, OSHA has identified the top four types of fatal construction accidents—or the “Fatal Four.”
People who have lost family members by any of the Fatal Four typically qualify for compensation. Non-fatal injuries may also be compensated. Our New York personal injury lawyers are prepared to handle any construction accident claim in New York.
The “Fatal Four” includes the following:
Falls
Examples of construction site falls are:
- Scaffolding accidents: Scaffolding can be erected at great heights. Significant and life-altering injuries can result when workers fall from these structures or when scaffolding collapses. These accidents may involve mobile scaffolds, suspension scaffolds, scissor lifts, and pipe scaffolds, among others.
- Slip and falls: Slips, trips, and falls are common on construction sites, such as those caused by exposed wiring, wet and slippery floors, or loose rubble.
- Falls from heights: Construction site falls can result in catastrophic injuries, whether caused by a defective ladder or scaffold.
Non-fatal fall injuries can be severe enough to prevent workers from returning to work and may require extensive medical treatment and rehabilitation.
Struck by an Object
Many major construction accidents are caused by falling objects, such as site debris or moving objects/machinery. Forklift and crane accidents may also fall into this category.
Electrocution
Electrocution is death from electric shock. Such accidents are common on worksites where there are building code violations. When electric shock accidents aren’t fatal, they may result in severe pain, burns, internal injuries, and more.
Caught-In or Caught-Between Accidents
These major construction accidents involve one or more moving objects. A typical example is a worker caught between a forklift and a wall. Another example would be having an arm (or another body part) caught in a piece of machinery.
Other Types of Construction Accidents
The “Fatal Four” is a small sample of NYC construction workers’ accidents while on the job.
Other common construction accidents include:
- Fires
- Equipment accidents
- Structure collapses
- Trench collapses
- Manhole accidents
- Toxic exposure, such as to asbestos
No matter how you were hurt, our job is to help you recover maximum compensation for the work site injuries you have suffered.
Serious Construction Injuries
Construction work in New York City is among the most dangerous professions, often leading to catastrophic injuries that can change a worker’s life in an instant. As noted, these serious injuries leave individuals unable to return to work and can also rob them of their ability to support their families, causing immense financial and emotional strain.
The reality is that construction accidents can result in life-altering consequences, from permanent disabilities to significant pain and suffering, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal injuries
- Broken bones
- Scarring and disfigurement
- Burns
Ensuring accountability and seeking rightful compensation is essential not only for alleviating the financial burden but also for helping injured workers reclaim some stability and dignity after such a devastating loss.
New York Construction Accident Statistics
According to the New York City Department of Buildings (DOB), in 2023, New York City experienced a notable decrease in construction-related fatalities, reaching a nine-year low with seven worker deaths—a 36% decline from the previous year. This improvement suggests enhanced safety measures and compliance within the construction industry.
However, the total number of construction-related incidents and injuries increased, with 841 incidents and 692 injuries reported, marking a 12% rise in incidents and a 25% rise in injuries compared to 2022. This uptick was primarily due to falls from ladders, stairs, and tripping incidents. Despite the increase in incidents and injuries, the significant reduction in fatalities indicates progress in addressing the most severe construction hazards.
What Evidence Is Necessary After a Construction Accident?
In New York City, successfully pursuing a construction accident case requires gathering strong and compelling evidence to prove negligence, liability, and the extent of the injuries. Here are some examples:
Accident Reports
An official incident report filed with the site supervisor, employer, or general contractor can document the details of the accident, including the time, location, and how it occurred. If the accident is serious, OSHA may investigate and issue reports, which can reveal safety violations or regulatory breaches.
Photographs and Videos
Photos and videos of the accident site, equipment involved, safety hazards, and injuries immediately after the incident provide a visual record of conditions that may have caused the accident. If available, video footage from security cameras can capture the accident as it happened, which can be critical in establishing fault.
Witness Statements
Eyewitness testimonies from coworkers, site managers, or bystanders who witnessed the incident can help corroborate the injured worker’s account.
Medical Records
Records from doctors, hospitals, or clinics documenting the injury, treatment, and prognosis are essential for proving the extent of harm. Evidence of follow-up appointments, surgeries, therapy, and rehabilitation also helps demonstrate the long-term impact of the injuries.
Employment and Safety Records
Safety documentation that shows whether the worker received proper training, safety gear, or warnings about potential hazards could highlight employer negligence. In addition, documentation of previous safety violations on the job site may establish a pattern of negligence or failure to adhere to safety regulations.
Expert Testimony
Experts can analyze the conditions that led to the accident, including any violations of OSHA regulations or New York Labor Law (e.g., Labor Law 200, 240, or 241).
This evidence is crucial in building a strong case to prove that the accident resulted from another party’s negligence, whether a contractor, property owner or equipment manufacturer. It also helps establish the extent of the injuries, ensuring the victim receives fair compensation for medical expenses, lost wages, pain and suffering, and long-term disability.
Collecting comprehensive evidence as soon as possible after the accident is essential for maximizing the chances of a successful claim in NYC’s construction accident cases.
How Is Compensation Determined?
In New York, compensation in a construction accident lawsuit is determined by assessing a range of factors related to the injury’s impact on the victim’s life, including the following:
- Medical Expenses: This includes all past, current, and future medical costs related to the injury, such as hospital bills, surgeries, physical therapy, prescription medications, and any necessary assistive devices or long-term care.
- Lost Wages and Loss of Earning Capacity: Compensation may cover wages lost due to the inability to work during recovery. If the injury results in a permanent disability that limits the worker’s ability to earn in the future, additional damages may be awarded to account for the loss of future earning capacity.
- Pain and Suffering: This category addresses the physical pain, emotional distress, and diminished quality of life caused by the injury. Since these damages are more subjective, they can vary widely based on the severity of the injury, the extent of suffering, and its impact on the individual’s day-to-day life.
- Loss of Consortium: In some cases, spouses of injured workers may seek compensation for the loss of companionship, support, and intimacy due to the injury’s impact on the relationship.
- Permanent Disability or Disfigurement: If the injury results in permanent physical damage, such as a loss of limb, paralysis, or severe scarring, additional compensation may be awarded to reflect the long-term impact on the victim’s life.
Families who have lost a loved one in a construction accident may be compensated for wrongful death damages, including lost income, emotional anguish, loss of companionship, and funeral and burial expenses.
What to Know About Workers’ Compensation Benefits
According to workers’ comp law in New York, an injured construction worker may be entitled to workers’ comp benefits through their employer’s insurance. These benefits do not cover non-economic damages, such as pain and suffering or mental anguish. Instead, they compensate the worker for part of their lost wages and medical care.
If the accident caused a career-ending injury, workers’ comp may also cover vocational training so that the worker can find a new job.
A construction worker cannot sue their employer for a worksite injury, although there are exceptions to this. An exception is if the employer caused the injury intentionally. Another is if the employer should have had workers’ comp insurance but didn’t. If eligible, you can file for workers’ comp benefits even if you were at fault for the injury.
When Can I File a Personal Injury Claim for a Construction Accident?
Most construction workers who are injured on the job will qualify for workers’ compensation benefits. Workers comp will cover a portion of your medical bills and a percentage (usually around 66%) of your lost wages during the time you are forced to be out of work. In return for these benefits, you are typically prohibited from filing a personal injury lawsuit against your employer.
In the case of a serious or catastrophic injury, however, workers comp benefits will often not be enough to cover the full extent of your losses, both now and in the future. If a party other than your direct employer – such as the property owner, equipment manufacturer or a sub-contractor – was responsible for your injury, you have the right to sue them for compensation above and beyond the payouts that workers comp provides.
Am I Eligible for a Personal Injury Claim for a Construction Accident?
Most injured construction workers will qualify for workers’ compensation benefits. It will cover a portion of your medical bills and a percentage (usually around 66%) of your lost wages while you are unable to work. In return for these benefits, you are typically prohibited from filing a personal injury lawsuit against your employer.
In the case of a severe or catastrophic injury, however, workers’ comp benefits will often not be enough to cover the full extent of your losses, both now and in the future. If a party other than your direct employer – such as the property owner, equipment manufacturer, or a sub-contractor – was responsible for your injury, you have the right to sue them for compensation above and beyond the payouts that workers’ comp provides.
Who May Be Liable for My Injuries From a NYC Construction Accident?
In some cases, the employer will need to compensate you through their workers’ compensation insurance. However, you may be able to file a personal injury lawsuit against your employer if they deliberately caused you injury by placing you in a dangerous situation.
Willful negligence on the part of your employer is grounds for filing a lawsuit. It might involve being cited for an OSHA violation and ignoring it, with your injury caused directly by this violation.
Additionally, you may be eligible to bring a personal injury lawsuit against a third party (a person or entity that is not your direct employer) if this third party’s negligence in any way contributed to your serious injury.
What Is Third-Party Liability?
If someone besides yourself and your employer was at fault for the accident, you may sue that person for damages. Suing a third party can result in compensation for all the damages you have suffered. That means both economic damages (medical expenses and lost wages) and non-economic damages, such as pain and suffering and loss of quality of life.
A typical example is a construction accident caused by an equipment malfunction. Manufacturers must ensure their products are safe; otherwise, they’re responsible for any damages.
Besides equipment manufacturers, third parties who are frequently found accountable for construction accident injuries include the following:
- Property owners:Under New York Labor Law 200, property owners must keep job sites safe. The same holds under general premises liability law. While owners are not responsible for every injury on their property, they are charged with ensuring that “foreseeable” hazards are addressed. For instance, if there is an environmental hazard on the site that causes serious harm, the property owner may be held liable if they did not remove or mitigate this hazard or warn workers about the dangerous situation so they could avoid it. Owners must not only follow general safety practices but must make sure general contractors also do so.
- General contractors: Besides following general safety practices, general contractors must ensure that scaffolding and other dangerous site equipment are secured and fastened. Workers hurt due to improper functioning or installed devices, such as stays, hoists, pulleys, and ladders, may hold general contractors liable.
- Subcontractors: These parties often perform a great deal of work on construction sites. They, too, are responsible for providing a safe working environment. Subcontractors may operate heavy equipment or motor vehicles, prime sources of serious construction accidents.
- Architects and engineers: Did your injury occur because of a structural collapse or another condition related to substandard engineering or planning? Was the project inspected regularly by site engineers? In such situations, these professionals may be held liable for your injuries due to their negligence.
It is not unusual for more than one third party to bear responsibility for the same injury, making it a joint contributory negligence situation. For example, if a subcontractor’s equipment collides with a worker, that subcontractor might prove liable. If it turns out that an equipment malfunction contributed to the collision, both the subcontractor and the manufacturer may prove liable. If the property owner knew the subcontractor was not safely operating the equipment but failed to act, they could also be held accountable.
A knowledgeable NYC construction accident lawyer from our team will consider all potential sources of liability to build the strongest possible case on your behalf. Construction accident cases are often highly complex, so seeking counsel from an experienced attorney is crucial to building a strong case.
New York Labor Laws — Know Your Rights
Workers across all industries are owed a safe place to work. That’s not an opinion; it’s the law.
Construction workers have this right, as well as other special protections under New York labor law.
Labor Law 200
Labor Law 200 guarantees construction workers the right to a safe workplace.
If a worksite hazard causes injury, the construction worker may sue the:
- Subcontractor
- General contractor
- Worksite owner
- Or whoever was in charge
Labor Law 240
Labor Law 240, or the “Scaffold Law,” spells out specific guidelines for scaffolding on construction sites. It also grants injured construction workers the right to compensation if those guidelines are violated.
Because this is a “strict liability” law, you must prove your injury was rooted in a violation of the Scaffold Law.
Labor Law 241
Labor Law 241 details the rules and regulations for construction, excavation, and demolition.
Like the Scaffold Law, construction workers injured by violations of Labor Law 241 are entitled to compensation.
Statute of Limitations for Construction Accidents
In New York, the statute of limitations varies considerably depending on whether you are working on a private or public site. For a private site, you usually have three years from the accident date to file a personal injury lawsuit. If you were injured while working on a public site, such as a municipal entity or board of education, you have just 90 days to file a claim.
It is essential to consult with an NYC construction accident attorney as soon as possible after an accident. While the statute of limitations is often three years, waiting too long can mean valuable evidence vanishes. Further, whether you are working on a private or public site is not always clear. Do not assume the construction site was private only to find out too late that a public entity owned it, and you have missed the 90-day claim filing deadline.
How Do I Know If I Need a Lawyer?
When there is a lot at stake, it is best to get a lawyer.
This is especially true for construction injuries, as they tend to be severe and put you out of work. Such injuries make it hard to afford the cost of living, let alone the medical care you need. And the worse the injury, the worse the hardship.
Consider the stakes of your case when thinking about hiring a New York construction accident lawyer:
- How severe is the injury?
- How has the injury affected your life?
- Has the injury affected your family?
- Who was responsible for the injury?
- How long is the recovery expected to take?
- Will you be able to return to the same job?
- How much will your medical care cost?
When taking legal action, you need to know how to investigate and prove a case, fight for full compensation, and fully understand the laws that apply. An experienced lawyer can check all these boxes.
If you want to give yourself a strong chance of winning, getting a lawyer is the best way to do that.
What to Do After a Construction Accident
The first thing to do after a construction accident is get medical attention. If you were seriously injured, someone likely called an ambulance. If not, go to the emergency room or see a physician approved by your employer’s insurance company, even if you initially think you were not hurt.
Failure to do so can jeopardize your claim. If possible, take photos or videos of the accident scene. If there are eyewitnesses to your accident, obtain their names and contact information.
Additionally:
- Report the accident to your employer as soon as possible. This is imperative.
- Keep careful track of your medical records.
- Keep a daily journal outlining your pain and disability levels.
One of the most important things you can do after a construction site injury is contact an attorney with experience handling this type of claim. The sooner you talk to a NYC construction accident lawyer, the sooner they can begin building a strong case on your behalf.
Start with a Free Consultation
At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our attorneys are committed to advocating for construction accident victims. We serve workers in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and the NYC metro area.
Whether you or your loved one was injured on a construction site, we want to ensure you get the help you need and deserve. Don’t let the responsible party stick you with the bill. You’ve been through enough as it is.
When you’re ready to act, we’re here to hit the ground running. Find out why New Yorkers turn to us for help. Contact a New York construction accident attorney online to request a free consultation. Nosotros hablamos español.
