New York Construction Accident Attorneys: Champions for Justice on the Jobsite

The dedicated construction injury lawyers at Jacob D. Fuchsberg Law Firm have stood as staunch defenders of workers on New York's construction sites for nearly half a century. Our team is deeply committed to each case we take on, having represented hundreds of workers facing unforeseen and life-altering accidents.

With a legacy spanning three generations, our attorneys bring a wealth of experience and knowledge to the negotiating table. Our mission is to not only help you obtain the compensation you're entitled to but also guide you through the complex legal landscape that influences your claim and recovery process.

Our firm’s profound understanding of construction laws ensures that we handle every case with due care and empathy. We have experienced construction accident lawyers serving all boroughs of NYC:

• Construction accident lawyer in Bronx
• Construction accident lawyer in Brooklyn
• Construction accident lawyer in Staten Island
• Construction accident lawyer in Long Island
• Construction accident lawyer in Queens

No matter where your construction accident occurred in the greater New York area, we have skilled attorneys ready to fight for your rights.

Why Does Legal Support in Construction Accident Cases Matter?

Legal support is crucial in construction accident cases, particularly given the inherent risks of the occupation. These dangers are underscored by the fact that in New York City alone, hundreds of construction workers suffer serious, often life-changing injuries every year.

As a construction worker, you rightfully expect a safe work environment, yet this isn't always the reality. When an accident occurs, it can leave you grappling not just with physical injuries but also with financial strain and emotional turmoil.

A New York City construction accident lawyer becomes a valuable asset in these critical moments.

An attorney does more than just offer legal advice — they provide a pathway to understanding your rights and making the best of your situation. With their aid, you can focus on your recovery, secure in the knowledge that someone is advocating tirelessly for your interests.

Steps You Should Take After a Construction Site Injury in New York

If you suffer an injury at a construction site in New York, it’s critical to take immediate and appropriate action to preserve your health, safety, and legal rights. Here's what to do:

1. Seek Medical Attention

Your health is paramount. Even if an injury seems minor, it’s best to get medical help right away. Doing so protects your well-being and provides an official record of the injury, which will be vital for any future legal claims.

2. Report the Injury

Notify your supervisor or site manager about the incident as soon as possible. Make sure you get a written report and keep a copy for your records.

3. Document Everything

If possible, take photographs or videos of the injury and the accident site. Also, jot down the details of the incident, including the date and time it occurred and a description of the hazardous conditions.

4. Gather Witness Information

If anyone else witnessed the accident, collect their names and contact information. Witness accounts can prove pivotal in constructing an accurate representation of the event.

5. Avoid Signing Documents or Making Statements

Be cautious about signing any documents or providing statements to insurance companies or employers without legal representation. Such actions could potentially affect your ability to claim compensation.

6. Consult a Construction Accident Lawyer

Contact a lawyer well-versed in construction accident cases in New York. They can advise you on your legal options, help you understand your rights, and promote your interests in pursuing claims for compensation.

Remember, the actions you take immediately after an accident can significantly impact your ability to receive appropriate medical care and financial aid.

We Take on all Types of Construction Accidents

At Jacob D. Fuchsberg, we represent clients across a broad spectrum of construction accident cases. Our authoritative knowledge encompasses various types of incidents that can occur on New York construction sites, guaranteeing comprehensive legal support for victims in the following situations.

Scaffolding Accidents

We handle cases involving falls, structural failures, and object impacts related to scaffolding, a ubiquitous yet dangerous element of construction work in New York City.

Crane Accidents

Our skills extend to accidents involving crane collapses, mechanical failures, and operator errors, which can lead to severe injuries or fatalities.

Building Collapses

We represent victims in incidents where structures fail during construction or renovation, often due to negligence or safety lapses.

Electrical Burns and Shocks

Our team advocates for individuals who have encountered electrical hazards leading to burns, shocks, or electrocution, a prevalent risk on construction sites.

Falls from High Elevation

We frequently oversee cases where workers suffer injuries after falling off roofs, ladders, or other elevated platforms as a result of inadequate fall protection.

Forklift Accidents

Our practice addresses all manner of incidents involving forklifts, including collisions, tip-overs, or load-related accidents, all of which can cause serious harm.

Hoist Accidents

We manage injury cases resulting from hoist equipment malfunctions or misuse, including falls and struck-by incidents.

Lack of Appropriate Safety Gear

We represent workers who have been injured due to the lack or failure of essential safety gear like helmets, harnesses, and protective clothing.

Ladder Accidents

Our attorneys work with clients injured in ladder-related incidents, which can include falls, failures, stability issues, or improper use.

Nail Gun Accidents

We often pursue cases where nail guns cause injuries due to misfires, ricochets, or improper handling, a frequent risk in carpentry and framing tasks.

Trench Accidents

Our team fights for victims of accidents that occur in trenches, such as collapses or equipment-related incidents, where safety violations often come into play.

Tunnel Accidents

We handle cases involving accidents during tunnel construction or maintenance, including collapses, equipment malfunctions, and exposure to hazardous conditions.

Slip, Trip, and Fall Accidents

Our firm advocates for those injured by slipping or tripping hazards, such as wet surfaces, debris, or uneven ground on construction sites.

Traffic Accidents

We also represent construction workers injured in or around construction zones due to traffic-related incidents, including vehicle collisions and struck-by events.

The Path to Financial Recovery After a Construction Accident

Receiving financial compensation after a construction accident involves understanding the legal options and processes available in your case. Typically, there are two primary avenues: workers’ compensation claims and legal action against responsible parties.

Claiming Workers’ Compensation

Workers' compensation is designed to provide financial support to laborers injured on the job, covering their medical expenses and lost wages.

In New York, most construction workers are entitled to these benefits regardless of who was at fault for the accident. To secure this compensation, you must report the injury to your employer immediately and file a workers’ compensation claim.

It's essential to seek medical attention promptly and ensure that all injuries are well-documented. Keep in mind also that workers' compensation doesn't cover pain and suffering or punitive damages.

Pursuing Legal Action

If your injury was the result of negligence or the actions of a third party, you may have the option to pursue alternative legal action. This could include suing a contractor, equipment manufacturer, or another party whose actions contributed to the accident.

Lawsuits of this kind can help injury victims obtain compensation for pain and suffering, loss of future earning capacity, and other damages not covered by workers' compensation.

It's important to gather evidence of negligence and consult a legal professional to assess your case. Note that there are specific time limits (statutes of limitations) for filing such lawsuits, so timely action is crucial.

Identifying the Common Causes of Construction Site Accidents in New York

Construction site accidents in New York can stem from a multitude of factors, each contributing to the perilous nature of construction work.

Common causes include:

• Falls from heights: Falls can occur from scaffolding, ladders, roofs, or any elevated work area, often due to inadequate fall protection or safety measures; this is one of the leading causes of construction site injuries and fatalities.
• Struck-by incidents: Workers are frequently injured by falling objects, moving vehicles, or swinging equipment on construction sites, especially when hit by heavy machinery or construction materials.
• Electrocutions: Exposure to live wires, incomplete electrical systems, and power lines poses a significant risk, often leading to electrocutions or electrical burns.
• Caught-in/between accidents: These accidents occur when a worker is caught in or compressed by equipment or objects or struck, caught, or crushed in collapsing structures, equipment, or material.
• Equipment-related accidents: Malfunctioning, poorly maintained, or improperly used equipment, such as cranes, forklifts, and power tools, can lead to serious accidents.
• Slips, trips, and falls: Slippery surfaces, uneven terrain, and cluttered walkways are the main contributors to these accidents, which can cause injuries ranging from minor bruises to severe trauma.

Trench or wall collapses: Inadequately secured trenches or excavation sites can collapse, burying workers under debris and causing suffocation or crush injuries.

Lack of proper training: Insufficient training in safety protocols and equipment handling can lead workers to make errors that result in accidents.

Failure to use protective gear: Not having — or not using — appropriate safety equipment like hard hats, safety goggles, and harnesses increases the risk of injury.

Overexertion and heat stress: Long hours, heavy lifting, and working in extreme conditions without adequate breaks can lead to overexertion injuries and heat-related illnesses.

Understanding these common causes is vital for implementing appropriate safety measures and preventing future accidents on construction sites.

What Injuries Can You Sustain in a Construction Accident?

Injuries suffered in construction accidents are varied but often severe, frequently having long-term impacts on the victim's health and quality of life.

They may include:

• Head injuries: Head injuries caused by falls or object impacts can range from mild concussions to severe traumatic brain injuries (TBI).
• Burns: Burns can result from fires, explosions, electrical accidents, or exposure to hazardous chemicals.
• Lacerations and amputations: Sharp tools, machinery, and other materials can cause deep cuts or even lead to the loss of a limb.
• Eye injuries: Debris, chemicals, or welding activities can damage the eyes, sometimes leading to temporary or permanent vision loss.
• Broken bones and fractures: Falls, collisions with heavy objects, and accidents involving machinery can all end in broken bones or fractures.
• Spinal cord injuries: These serious injuries can result from falls, crushing accidents, or other traumatic impacts, potentially leading to paralysis or other permanent disabilities.
• Electrocution: Electrical accidents can cause burns, cardiac arrest, and nerve damage.
• Hearing loss: Prolonged exposure to loud noise without proper ear protection can result in temporary or permanent hearing impairment.
• Respiratory issues: Inhalation of toxic substances, dust, or chemicals can cause respiratory problems or chronic breathing conditions.
• Musculoskeletal disorders: Repetitive motions lifting heavy objects or awkward postures can produce strains, sprains, or chronic pain in soft tissues.

Injuries like these highlight the importance of workplace safety and the need for capable legal representation when accidents occur.

Determining Liability in Construction Accident Cases

Assigning liability in construction accident cases is a complex process that calls for a thorough examination of the circumstances surrounding the incident. Any number of parties could be held legally responsible, depending on the specifics of the case.

Employers and Contractors

Generally, the primary responsibility for maintaining a safe work environment falls on employers and contractors. They’re expected to adhere to relevant safety regulations, provide proper training, and ensure that safety equipment is available and utilized. If they fail in these duties, they could be liable for accidents that occur as a result.

Subcontractors

Like primary contractors, subcontractors must also comply with certain safety standards. If their negligence contributes to an accident, they can be held accountable.

Equipment Manufacturers

When a construction accident is caused by defective equipment, including machinery, tools, safety gear, and construction materials, the equipment manufacturer could be liable.

Property Owners

In some cases, the owner of the construction site may bear responsibility, especially if the accident was related to inherent hazards on the property that they failed to disclose or address.

Architects and Engineers

These professionals are responsible for ensuring that the design and planning of a construction project adhere to established safety standards. If an accident occurs due to a design flaw or failure to adequately account for safety, they could bear liability.

Government Entities

If the construction project involves government property or funding, and the accident was due to negligence on the part of a government entity or its employees, that entity might be liable.

Determining liability usually requires an investigation into the accident, including examining the site, reviewing safety protocols, analyzing the equipment involved, and interviewing witnesses. It's often necessary to consult with legal professionals who have special experience in construction accident cases.

What Damages Can You Recover After a Construction Accident in New York?

The range of damages you may be able to claim after a construction accident includes payments for both economic and non-economic losses. These damages are intended to compensate for the various impacts the accident has had on your life and can include any of the following.

Medical Expenses

Damages for medical expenses reimburse you for all costs associated with medical treatment resulting from the accident, such as hospital bills, medication, rehabilitation, and any future medical care.

Lost Wages

If the injury has necessitated time away from work, you can recover lost wages. This also covers loss of earning capacity if the injury impacts your ability to work in the future.

Pain and Suffering

This type of non-economic damage is intended to compensate for the physical pain and emotional distress you’ve suffered due to the accident. It recognizes the impact of the injury on your overall quality of life.

Disability and Disfigurement

If the accident leads to permanent disability or disfigurement, you can seek financial restitution for the long-term impacts, including alterations to your lifestyle and potential loss of life enjoyment.

Wrongful Death

In cases where a construction accident leads to a fatality, the victim's family may be eligible to recover damages. This can include funeral expenses, loss of financial support, and loss of companionship.

Punitive Damages

In cases where the defendant's conduct was particularly egregious or reckless, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.

Each construction accident case is unique, and the recoverable damages will depend on the details of the case. Legal guidance is often necessary to accurately assess and pursue the full extent of damages to which you’re entitled.

Understanding the Time Limits for Filing a Construction Accident Claim

Construction accident claims come with legal time limits known as statutes of limitations. In New York, these time limits vary based on the type of claim being filed.

Workers' Compensation Claims

Generally, you have two years from the date of the accident to file a workers' compensation claim. However, it's important to report the injury to your employer as soon as possible — ideally within 30 days of the accident — to avoid complications.

Personal Injury Lawsuits

When filing a personal injury lawsuit, New York typically allows three years from the accident date. This time frame applies to cases where you're seeking compensation for injuries suffered due to someone else's negligence.

Wrongful Death Claims

If the construction accident resulted in a fatality, the family has two years from the date of the decedent's death to file a wrongful death claim.

Claims Against Government Entities

The time limits can be much shorter if you’re making a claim against a government entity or agency. In most cases, you must file a Notice of Claim within 90 days of the accident.

It's important to note that these time limits can vary depending on the specifics of the case and that missing any of these deadlines can result in the loss of your right to compensation. Consequently, it's advisable to consult a legal professional as soon as possible after a construction accident to ensure that all necessary actions are taken in a timely manner.

New York Construction Law Regarding Worker Safety

New York has specific labor laws aimed at ensuring worker safety, particularly in the construction industry. These laws provide a legal framework to protect workers and hold responsible parties accountable in the event of an accident. Here are some key statutes worth knowing.

NY Labor Law 200

NY Labor Law 200 mandates that all construction sites be constructed, equipped, arranged, operated, and conducted to provide reasonable and adequate protection for the safety of all workers. It requires employers to provide a safe working environment and to take reasonable steps to prevent accidents.

This law covers a wide range of potential hazards, including those related to machinery, equipment, and workplace practices.

NY Labor Law 240

Often referred to as the "Scaffold Law," NY Labor Law 240 focuses specifically on height-related safety hazards. It requires contractors, owners, and their agents to provide proper safety devices, such as scaffolds, ladders, ropes, and other equipment, to protect workers who perform tasks at elevation.

Section 240 is particularly noteworthy, as it allows injured workers to bring lawsuits against employers and property owners for elevation-related injuries, imposing strict liability for non-compliance.

NY Labor Law 241

Section 241 of the New York Labor Code pertains to the safety of construction, demolition, and excavation work. It sets forth specific safety practices and standards that must be adhered to on construction sites, including requirements for safety equipment, barriers, and signage. It also specifies protocols for floor, area, and equipment maintenance to minimize hazards.