Construction Accidents

Seek appropriate medical attention, report the accident according to your workplace's requirements, preserve evidence, and identify witnesses as soon as reasonably possible. Depending on the circumstances, you may have workers' compensation rights and a potential third-party personal injury claim.

It depends on your circumstances, but many injured workers benefit from legal guidance, especially where a third-party claim may exist alongside workers' compensation. An attorney can help identify whether parties beyond your employer may share responsibility.

Most employees injured in the course of employment are eligible for workers' compensation benefits, which generally do not require proving employer negligence. Eligibility and benefit amounts depend on the specific facts of your employment and injury.

Possibly. If a party other than your employer, such as a general contractor, property owner, or equipment manufacturer, may be legally responsible for the accident, you may have a third-party personal injury claim in addition to workers' compensation.

A third-party claim is a personal injury lawsuit brought against someone other than the injured worker's employer, such as a contractor, property owner, or manufacturer, when that party's conduct may have contributed to the accident.

Labor Law Section 240, known as the Scaffold Law, addresses certain elevation-related construction hazards, such as falls from heights or being struck by improperly secured falling objects, and can impose significant responsibility on owners and contractors when it applies.

No. Section 240 applies only to specific gravity-related accidents involving elevation hazards, and whether it applies depends on the type of work being performed and the nature of the accident.

Section 241(6) requires construction, excavation, and demolition sites to meet certain safety standards drawn from the New York Industrial Code. Whether it applies depends on the specific code provision at issue and the circumstances of the accident.

Section 200 is a general workplace safety statute reflecting the common-law duty to provide a reasonably safe work site. Liability often depends on whether the responsible party had control, supervision, or notice of the dangerous condition.

Potentially responsible parties can include property owners, general contractors, subcontractors, construction managers, and equipment manufacturers, depending on their role and level of control over the site or work being performed.

It depends on the general contractor's role and level of control over safety at the site. General contractors often have safety obligations under New York Labor Law, but responsibility must be established based on the facts.

Property owners may potentially be responsible under New York Labor Law, particularly Sections 240 and 241(6), depending on the nature of the accident and the owner's relationship to the work performed.

If defective equipment contributed to your injury, the manufacturer, distributor, or supplier of that equipment may potentially be liable, in addition to any workers' compensation claim available through your employer.

Injuries from falling objects, such as improperly secured tools or materials, may be covered under New York Labor Law Section 240 in certain circumstances, depending on how the object fell and whether proper hoisting or securing procedures were followed.

Falls from scaffolding are among the accidents most closely associated with Labor Law Section 240, though whether the statute applies depends on the specific facts, including the scaffold's condition and the safety devices provided.

Ladder falls can potentially fall under Labor Law Section 240 protections, depending on whether the ladder was defective, improperly secured, or inadequate for the task being performed.

Crane accidents can involve multiple potential parties, including the crane operator's employer, the equipment owner, or the manufacturer, depending on whether the accident resulted from operator error, defective equipment, or improper maintenance.

Forklift accidents may raise questions about training, maintenance, and site supervision. Responsibility depends on what caused the accident and who controlled the equipment and work site.

Structural collapses often require an in-depth investigation into design, construction methods, and site conditions to determine what caused the failure and who may be responsible.

Electrical accidents can involve questions about site wiring, safety protocols, and whether proper precautions were taken, particularly during renovation work near existing electrical systems.

Explosions and fires on construction sites can result from gas leaks, improper storage of flammable materials, or equipment failures, and responsibility depends on the specific cause identified through investigation.

Workers employed by a subcontractor may still have workers' compensation rights and potential third-party claims against a general contractor, property owner, or other parties, depending on the circumstances.

In some cases, yes. Whether both types of claims are available depends on who was involved in the accident and whether a party other than your employer may be legally responsible.

Important evidence can include photographs of the accident scene, witness contact information, safety records, maintenance logs, contracts, and any OSHA or Department of Buildings records related to the incident.

Reporting requirements can vary depending on your employer's policies and applicable law. Prompt reporting helps preserve your workers' compensation rights, so it's best to report an accident as soon as reasonably possible.

Deadlines vary depending on the type of claim and the parties involved. Claims against public entities can carry especially short notice requirements. An attorney can help confirm the deadlines that apply to your specific situation.

Available compensation depends on whether your claim involves workers' compensation, a third-party lawsuit, or both, and can include medical benefits, wage-replacement benefits, and, in a third-party claim, damages such as pain and suffering.

Permanent disabilities can affect the type and amount of compensation available under both workers' compensation and third-party claims, depending on the severity of the disability and its impact on your ability to work.

Surviving family members may have the right to pursue a wrongful death claim depending on the facts of the accident and applicable New York law.

Yes. Rosenberg, Minc, Falkoff & Wolff, LLP represents injured construction accident victims throughout New York City, including Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.