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If you’re injured on a construction site, whether as a worker or bystander, New York personal injury and labor laws, including Labor Law 240, may entitle you to compensation. While workers’ compensation is a good start, it doesn’t cover everything or everyone. Fortunately, NY allows victims to hold negligent general contractors and other parties accountable – something usually restricted in construction injury cases. At Hecht, Kleeger & Damashek, P.C., our deep understanding of NY Labor Law and prior success as fierce NYC personal injury lawyers let us navigate the complexities of workplace safety and employer responsibilities to our client’s benefit.
With over $750 Million recovered and a reputation as formidable trial lawyers, HKD is uniquely equipped to help you recover maximum compensation for medical costs, lost wages, and all other damages from a construction accident.
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New York Construction Accidents
More than 500,000 hardworking New Yorkers are in the construction industry. This includes electricians, carpenters, iron workers, masons, painters, and plumbers, all making their living in the construction and building trades. These jobs are crucial for the growth and success of our city, involving everything from residential building construction to commercial high-rises and government infrastructure.
But construction is also one of the most dangerous jobs in NYC, accounting for 27% of work-related fatalities. As a result, New York has specific laws aimed at safeguarding these essential workers and the public, who could too easily be injured in a construction-related accident, such as tools or debris falling from a scaffold or in a building collapse due to a contractor’s recklessness.
Construction Site Risk Factors: Safety First
Despite these legal protections, New York City construction sites remain hazardous. Accidents happen frequently due to negligence and assorted risk factors. While many risks can be mitigated, here’s what to watch for:
- Inclement Weather: Rain and snow create slick surfaces and obscured hazards, while wind challenges those working at heights. Employers must ensure safety in adverse conditions to avoid negligence.
- Temperature Extremes: Both freezing and scorching temperatures demand protective measures against frostbite, hypothermia, and heat-related illnesses.
- Reduced Visibility: Fog can increase the chance of collisions and mishaps from obscured falling objects.
- Fall Hazards: Unsafe scaffolding and ladders, or lack of fall protection, heightened risks of falls—one of the leading causes of construction injuries.
- Inadequate Protective Gear: Non-compliance with OSHA gear standards can lead to preventable injuries.
- Electrical Risks: Exposed wires and electrical hazards require stringent controls to prevent accidents.
- Heavy Machinery & Tools: Unsafe equipment operation, whether hand tools or power tools, can lead to severe accidents, with operators potentially liable for injuries.
Common Construction Accidents in NYC
New York City Construction employers are responsible for providing workers with safe work sites. When an employer or some other party fails to maintain the site reasonably and puts you in danger, then they may be liable for your injuries.
Examples of New York City construction accidents include:
- Window Washing Accidents
- Hoist Accidents
- Building Collapses
- Caught-In-Between Accidents
- Cement & Concrete Burns
- Chemical Exposure
- Construction Site Trip & Fall Accidents
- Construction Site Vehicle Accidents
- Demolition Accidents
- Hand & Power Tool Accidents
- Falling Construction Debris & Objects
- Trench Collapses
- Roofing Accidents
- Weather-related Related Construction Accidents
- Heavy Machinery Accidents
- Scaffolding and Ladder Accidents
- Welding Accidents
- Forklift Accidents
- Dump Truck Accidents
- Crane Accidents
- Electrocution Accidents
- Defective and Unsafe Equipment
Fatal Construction Accidents in NYC
In some tragic circumstances, construction accidents are fatal. Nearly 60% of all construction site fatalities result from falls, struck-by objects, electrocution, or being caught between objects in accidents referred to as the “Fatal Four.”
If this happens to someone you love, we recommend calling our construction accident attorneys as soon as possible. HKD is here to help your family recover and hold the right parties accountable. This may result in workers’ compensation death benefits and, when possible, through a wrongful death lawsuit.
Liability in NYC Construction Accidents
Determining who is responsible for a construction accident in New York City is a complex process, often hinging on the legal concept of “liability.” Workplaces should be safe environments, but if you or a loved one are injured in a construction-related incident, an experienced construction accident attorney will examine every detail to ascertain whether the negligence of a coworker, your employer, or a third party is to blame.
The liable parties after a construction accident can include:
- Property owners
- Independent contractor
- General contractors
- Subcontractors
- Vendors
- Engineers and architects
- Manufacturers, distributors, and retailers
Identifying the liable party after a construction injury or fatality is crucial. This is because the entities and companies on construction sites, such as property owners, general contractors, construction managers, and subcontractors, have varying insurance policies and coverage, impacting the compensation you can recover for your injuries and losses.
Construction Accident Negligence
Negligence is a legal concept that forms the foundation of liability in construction accidents and other personal injury cases. To establish liability due to the negligence of the parties mentioned, four key elements must be established:
There Was a Duty of Care
The party in question (be it a general contractor or another third party) was responsible for acting with a certain standard of care to prevent harm. In the context of a construction site, this means following safety protocols and regulations to ensure a safe working environment.
That Duty Was Breached
The responsible party failed to uphold their duty of care. This could be through a specific action or failing to act—for example, not providing proper safety equipment or training employees on safety practices.
The Breach Caused the Incident
There must be a direct link between the breach of duty and the accident. The accident must have been a foreseeable result of the party’s negligence.
You Suffered Damages
The breach of duty must have also caused actual damages. This could include physical injuries, psychological trauma, financial loss, or, in some cases, death.
When these elements are established, the negligent party is considered liable. In a construction accident scenario, if a worker falls from scaffolding because the contractor failed to provide harnesses, the contractor would be negligent. If the fall results in injury, the contractor is liable for the worker’s injuries because their negligence (the failure to provide harnesses) directly led to the harm suffered (the fall).
Proving negligence for a construction injury and liability requires evidence such as eyewitness testimony, expert opinions, accident reports, or violations of OSHA regulations.
Your Rights & Compensation After a NY Construction Accident
In New York, construction workers have robust rights regarding on-the-job injuries. While workers’ compensation provides a foundation of support, NY state labor laws offer other avenues for more extensive compensation through a personal injury claim or lawsuit.
Workers’ Comp after a Construction Accident
Workers’ comp benefits in New York cover medical costs, provide partial wage replacement and offer death benefits in tragic cases. This system operates on a no-fault basis, meaning injured workers are eligible for these benefits regardless of who was at fault for the accident.
SS Disability for Work Injuries
In cases where a worker becomes disabled, filing for Social Security Disability benefits may also be an option, depending on circumstances such as age and the extent of injuries.
NY Labor Laws & Construction Accident Lawsuits
NY’s labor laws empower workers further. Even if the site owner or contractor wasn’t directly involved in your accident, you may have grounds for a personal injury lawsuit against them. This can lead to compensation for pain and suffering, ongoing medical costs, lost wages, and loss of benefits.
Some of the most notable labor laws applicable to New York City construction workers are:
NY Labor Law 200
New York Labor Law 200 dictates employers’ duty to protect employees’ health and safety. Businesses must provide “reasonable and adequate protection to the lives, health, and safety of all persons” they employ.
NY Labor Law 240
New York Labor Law 240 is known as the “Scaffold Law.” It outlines special protections for workers who may be hurt in gravity-related incidents, like scaffolding accidents. This includes workers who are injured in falls or by falling objects.
NY Labor Law 241
New York Labor Law 241 is 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 General Duty
OSHA’s General Duty Clause requires that employers provide employees with a workplace free from recognized hazards or toxic chemicals likely to cause death or serious physical harm. OSHA can cite employers for violating the General Duty Clause if there is a recognized hazard and they do not take reasonable steps to prevent or diminish it.
Damages in NY Construction Injury Lawsuits
Filing a lawsuit after a construction accident could enable you to recover damages that aren’t covered by workers’ compensation, including:
- Physical and emotional pain and suffering
- Loss of future earning capacity and fringe benefits
- Past and future medical expenses
- Punitive damages in cases of gross negligence
At HKD, we advocate tirelessly for injured construction workers, navigating all available options from all liability parties—to secure maximum compensation. If you’ve been injured in a construction accident anywhere in NYC, we’ll leverage our experience and skill to recover all the damages you deserve.
Contact HKD today for a free, no-obligation case evaluation. We’ll explain your rights and what to expect.
How a NYC Construction Accident Lawyer Can Help
If you or a loved one has been harmed in a construction accident due to a safety oversight, equipment malfunction, or structural failure, reaching out to a knowledgeable and compassionate New York construction accident lawyer is a critical step after receiving medical attention.
At Hecht, Kleeger & Damashek, P.C., our construction accident attorneys have a proven track record of obtaining substantial compensation for our clients in a range of construction injury cases, including a recent $20 million settlement for a construction worker injured by a falling beam.
Our team handles everything from falls to machinery accidents and is equipped to provide roofers, electricians, carpenters, bricklayers, pipefitters, welders, tunnel workers, and all types of NYC laborers, including undocumented construction workers, with informed legal counsel and aggressive representation.
Investigate & Determining Liability
From the moment you engage us, HKD will delve into what led to your construction accident to identify the liable parties. Construction accident claims can be intricate, often involving several potential defendants, from contractors to equipment manufacturers.
Legal intervention is vital, as evidence can quickly change or disappear at construction sites. We’ll meticulously compile evidence, including site inspections, equipment logs, and safety compliance records, and gather witnesses and experts’ testimonies to establish a robust case.
Negotiate with Insurance & Employers
Dealing with insurance companies and big construction companies after accidents can be daunting. HKD is not afraid to confront insurance adjusters, who are determined to minimize your compensation.
But we fight tenaciously to secure all your losses, both immediate and future, related to your injuries. We’re well-versed in insurance claims’ complex language and policy details and are prepared to push back against any tactics meant to undercut your rightful settlement.
Seek Max Compensation
We understand the gravity of construction accident injuries in immediate physical terms and their long-term financial and emotional toll. Our lawyers strive to obtain all the compensation possible, accounting for all your tangible and intangible damages, including future medical costs, lost earnings, and the pain and suffering endured.
Pursue Justice & Industry Safety
HKD is committed to helping those hurt by negligence in the construction industry. This extends to improving safety standards within the New York construction industry by holding negligent parties accountable, from careless contractors to inattentive site managers.
When filing a construction accident lawsuit with HKD, you’re not only seeking personal justice. You’re also fighting for a safer work environment for all New York construction workers.
NY Construction Accident FAQs
Can I File a Construction Accident Lawsuit and A Workers’ Comp Claim In NY?
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 the 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.
What Should I Do Immediately After a Construction Accident in NYC?
After a construction accident in New York City, seek immediate medical attention. Then, notify your employer about the accident and document everything from the scene as soon as possible. Contacting a construction accident attorney is essential to protect your rights and explore your options.
Is It Possible to Sue the Government for a Construction Accident?
If your accident occurred on a government property or involved a government entity’s negligence, you may be able to sue the government. However, claims against government entities have specific procedural rules and shorter time limits, making prompt legal consultation crucial.
What if I am a Non-Worker Injured on a NYC Construction Site?
Non-workers injured at or near construction sites may have a personal injury claim against the construction company, property owner, or other responsible parties. These claims can cover damages such as medical expenses, lost wages, and pain and suffering.
Contact a NYC Construction Accident Lawyer for a Free Consult
If you’ve been injured or suffered a loss in a construction accident, you deserve answers and full compensation. At Hecht, Kleeger & Damashek, P.C., our skilled attorneys, backed by decades of experience and substantial recoveries for construction injury victims, will guide you and seek the maximum recovery you deserve.
There are never up-front costs and nothing unless you recover compensation. Call 212-271-4156 or contact us online to request a free consultation.
CLIENT REVIEWS
04/26/2021
Jonathan is incredible in the results, I recommend to all construction workers, incredible results.
5
ro mejia, HKD CLIENT
03/06/2021
I was in a very serious construction accident where I hurt my knee. I met with few lawyers including Jordan Hecht at Hecht, Kleeger & Damashek and I knew right away he was the one. Over the next few years…
5
Gail Ulrich, HKD CLIENT
12/27/2020
When thinking about what makes a good lawyer, we tend to focus on the firms they represent, whether or not they have or have had any notable clients. Prospective clients might search for lawyers based on the amount of money…
5
Dwane Eddy, HKD CLIENT
05/15/2019
“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”
5
Peter, HKD CLIENT