New York City Construction Accident Lawyers | Hecht, Kleeger & Damashek



NYC Construction Workers Injured on an Exterior Scaffold

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In this video, our lawyers discuss how they can help recover compensation after a construction accident in New York.

New York Construction Accidents And Possible Compensation

New construction and renovations help drive the economy, but many New York workers could be in danger if the proper precautions aren’t taken on the job site. In fact, construction is one of the deadliest trades in NYC: even though construction workers make up 5% of the city’s workforce, they account for 27% of work-related fatalities.

New York labor laws put the onus of safety on contractors, property owners, and employers. If you’re hurt while working, it’s possible that you can file for workers’ compensation. However, you may not be able to get all the money you need to fully recover. You might need to turn to a third-party liability lawsuit to recover damages beyond your medical bills, lost wages, and funeral expenses.

The construction accident attorneys at Hecht, Kleeger & Damashek, P.C., have the knowledge and experience to pursue a claim if you’re hurt on the job. We’re here to listen to your story, investigate your claim, and guide you to a legal solution. We have decades of experience, and we’ve helped countless clients recover hundreds of millions in settlements. Each case is unique, but we know what it takes to pursue the compensation you deserve after a construction accident injury.

Who’s Liable for Worksite Accidents in New York?

If you’ve been hurt while working on a construction site accident in New York City, you should contact a construction injury lawyer to investigate what went wrong and who is responsible. It is crucial to determine if someone employed by your employer is accountable or whether someone from outside your employer—a third party—is at fault.

Your injuries may be the result of a coworker’s negligence. However, it also could be fully or partly the fault of a third party, such as:

If one of these individuals or businesses is responsible for your injuries, a New York construction accident lawyer may recommend you file a lawsuit against that party to pursue additional compensation for your physical, psychological, and financial damages.

You may qualify for workers’ compensation claims, but these claims typically do not address fault. If you are injured while on the job or develop an occupational disease, workers’ compensation insurance covers your medical care, some lost wages, and funeral benefits for a lost loved one.

Pursuing Third-Party Liability Lawsuits and Compensation

third-party claim differs from workers’ compensation. A third-party claim is a lawsuit against someone other than your employer. Workers’ comp is an insurance claim through your employer’s insurance provider.

If someone from outside of your employer is partly or fully at fault for the construction accident and your injuries, a construction accident lawyer in NYC can represent you in a claim for compensation for your medical bills, lost wages, pain and suffering, emotional distress, disability, or lower quality of life.

The possibility of a third-party claim is one of the many reasons it is essential to talk with a qualified injury lawyer following a construction accident in New York City. Your injuries or the loss of a relative can be devastating, and workers’ compensation benefits hardly make up for your injuries. If someone else is responsible for the construction accident, a construction injury lawyer will help you hold that person or business accountable in court and fight for you to receive fair compensation for all your injuries or loss.

New York Labor Laws

When our NYC construction accident lawyers investigate your construction accident, we will determine whether another party violated one or more New York labor laws. Our attorneys understand these laws provide essential protections for construction workers in New York City.

Some of the most notable labor laws applicable to New York City construction workers are:

New York Labor Law 200:

Dictates an employer’s duty to protect employees’ health and safety. Businesses are required to provide “reasonable and adequate protection to the lives, health, and safety of all persons” they employ.

New York Labor Law 240:

Known as the “Scaffold Law,” Labor Law 240 outlines special protections for workers who may be hurt in gravity-related incidents. This includes workers who are injured in falls or by falling objects.

New York Labor Law 241:

A more specific regulation regarding an employer’s responsibilities toward employees on construction, demolition, and excavation sites, including the specific equipment employers must provide.

OSHA’s General Duty Clause:

The General Duty Clause of the federal OSHA requires that employers provide their employees with a workplace free from recognized hazards or toxic chemicals likely to cause death or serious physical harm. Employers can be cited by OSHA for violating the General Duty Clause if there is a recognized hazard and they do not take reasonable steps to prevent or abate the hazard.

Common NYC Construction Accidents

New York City Construction employers are responsible for providing workers with safe work sites. When an employer or another party, such as a property owner, fails to reasonably maintain the premises and puts you in danger, then they may be liable for your injuries.

Common construction accidents in New York City include:

Fatal New York City Construction Accidents

In some circumstances, workers can manage to avoid being hurt in a New York City construction accident. However, unfortunately in many situations, serious injuries are unavoidable. When these construction injuries lead to your loved one’s death, we recommend calling our construction accident attorneys as soon as possible.

Our New York City construction accident attorneys are here to help your family recover workers’ compensation death benefits, and when possible, pursue compensation through a wrongful death lawsuit. Too often, construction workers are killed by the “Fatal Four” accidents on job sites. Nearly 60% of all construction site fatalities are falls, struck-by objects, electrocution, or being caught between objects.

infographic showing the fatal 4 construction accident types

Risk Factors in NY Construction

When you’re working on a job site, your employer is responsible for keeping the site clear. However, there can be factors that may increase the likelihood of an accident on the site. Weather is a major concern for projects, especially in the winter.

Keep an eye out for different risky conditions like:

    • Rain: Heavy downpours or even light mists can make surfaces slippery. If an employer makes you work in slick conditions, they could be found negligent.
    • Snow: Like rain, snowy conditions can create risk factors. Snow can also hide obstacles or hazards that could lead to an accident.
    • Wind: Wind can affect anyone, but it’s also a major concern for anyone working at great heights. Anyone using cranes, scaffolding, or ladders should ensure that the proper safety precautions are in place before working.
    • Extreme Temperatures: Temperatures at either side of the spectrum can pose threats to workers. Cold weather could create conditions that could cause hypothermia or frostbite. High heat could create dehydration, heat stroke, or heat exhaustion.
    • Lightning: Metal objects are extremely common on construction sites. These items can conduct electricity, and pose a threat to workers during thunderstorms. Some lightning strikes cause fires or explosions.
    • Fog: Foggy conditions can inhibit vision, meaning accidents like collisions or falling objects can be more likely.
    • Lacking Safety Features: When work is happening at great heights, falls or falling objects are common causes of workplace injuries or fatalities. When things like scaffolding or ladders aren’t safe, the increase of injury increases.
    • Insufficient Fall Gear: If you aren’t provided the right gear or the gear isn’t safe, you could easily get hurt on a worksite. OSHA standards must be followed to provide protection for employees on construction sites.
    • Electrical Hazards: The presence of exposed wiring or other electrical hazards can often lead to injuries on a job site.
    • Heavy Equipment: Whenever there is machinery or heavy equipment, accidents are possible. If someone isn’t taking precautions for safe operations and their actions endanger other people, they could be liable for their injuries or death.

    Construction Accidents FAQs

    Can I Sue Someone Else If I Also Have a Workers’ Comp Claim In NYC?

    Yes, you can have a third-party claim if you also make a workers’ comp claim. If you were injured on the job, you can make a workers’ comp claim regardless of who is at fault. However, if someone other than a coworker or your employer is to blame, you may also sue someone else, such as an equipment manufacturer or the seller of a dangerous product.

    How Long Do I Have to File a Construction Accident Claim in New York City?

    In New York, you have two years to file a claim with the Workers’ Compensation Board and three years to file a civil lawsuit, or third-party lawsuit.

    What Are Some of the Most Common Causes of Construction Accident Deaths in New York City?

    According to the New York City Health Department Bureau of Vital Statistics, some of the most common causes of construction accident deaths include falls from scaffolds, ladders, and roofs as well as being struck, crushed, or caught between objects or equipment.

    Call Our NYC Construction Accident Lawyers Now

    If you were injured or lost a close relative in a New York City construction accident, you will have questions on how to get what you need to move on with your life. Our New York City construction accident lawyers at Hecht, Kleeger & Damashek, P.C. will answer all of these questions and others.

    We have decades of experience and have recovered millions of dollars for construction accident victims in situations a lot like yours. We want you to be fully aware of your rights and legal options after any severe or fatal construction accident.

    There are never up-front costs and nothing unless you recover compensation. Call us (212) 490-5700 or use our contact form to schedule your free consultation.


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