New York City Construction Accident Lawyer

Understanding Your Rights After Suffering a Construction Site Accident in New York City

If you suffered personal injury resulting from a construction site accident in New York City or are the family member of a construction worker who died on a job site, you need a law firm with a history of success taking on the construction industry. The Rothenberg Law Firm has more than five decades of success in securing financial compensation on behalf of construction accident victims, including wrongful death cases. For a free consultation to understand your legal rights under the New York Labor Laws, contact our experienced team of NYC construction accident lawyers today.

How Dangerous is the Construction Industry? What Dangers do New York City Construction Workers face?

The construction industry is widely referred to as the backbone of American industry — more than 7.6 million construction workers across various trades are working every day to build $1.4 trillion in structures annually. By its sheer density, New York City is one of the powerhouses of this industry — you can not walk down a block without seeing an active job site or a building in progress.

Construction workers enter work sites every day knowing they can suffer a significant injury or fatality because of the myriad of hazards they face. And in New York City, construction is the most dangerous industry to work in, with more than 140 deaths in 2022 and an overall upward trend in fatalities over the past five years. In fact, the Occupational Safety and Health Administration (OSHA), lists New York City as the fourth-most dangerous city in America for construction workers.

It’s an unfortunate fact that construction accident injuries are by no means a rarity. A recent report from NYC Health found that construction workers account for 27% of the city’s work-related injury fatalities.

Common Causes of Construction Site Accidents

In New York and other states, construction accident victims seeking compensation for their injuries must do more than show what happened. Specifically, they must demonstrate by a preponderance of the evidence that a negligent party's action or failure to act was the proximate cause of the accident.

The four leading causes of construction accidents are falls, electrocutions, object or vehicle collisions, and entrapment in tight spaces or collapsed trenches. Most construction accident lawyers are well aware of these and other causes but

will use the facts of a case to show the full causal connection between a party's negligence and the victim's injuries.

For example:

• If a falling object hurt a victim, the attorney could argue that the site manager was aware of the risk but failed to secure the object.
• If a victim was injured by a power tool, the attorney will determine if the tool's owner negligently removed safety guards or management failed to train or instruct workers on how to safely and correctly use it.
• If an exposed power line electrocuted a worker, the attorney would seek to show that the construction site operator negligently failed to insulate live wires or to warn parties of the hazards posed by electrical power sources.
• If a victim tripped and fell over loose debris, the attorney will analyze whether the site manager planned for clear ingress and egress or routinely failed to clear walkways known to be blocked or failed to post warnings for known trip-and-fall hazards.

In some cases, New York law allows an injured accident victim to show a causal connection solely from the facts of the accident, which is often what happens when a party is injured by an object that falls or was dropped from an elevation.

In other cases, a causal connection can be inferred from a negligent party's failure to adhere to laws, rules, and regulations that mandate specific safety procedures at construction sites. An experienced construction accident lawyer will be familiar with those laws. They look closely at the facts to verify if the site manager or any other party ignored them and created a hazardous situation that caused the accident.

How can you ensure the best outcome for yourself in a construction accident case?

New York City, unsurprisingly has some of the highest rates of construction site accidents in the country.

The Rothenberg Law Firm has more than 50 years of experience as personal injury lawyers representing injured construction workers.

If you or a loved one suffered a work-related injury at a construction worksite, you would want to determine if you can pursue a third-party construction accident lawsuit above and beyond just your workers’ compensation benefits.

It’s critical to understand your legal rights when dealing with insurance companies and property owners. You can be sure that site owners,  construction companies, and all other potential responsible parties are protected by their own cavalry of powerful lawyers. You need a lawyer on your side to determine who is responsible for your injury and to fight for your rights to receive financial compensation for your injuries.

What are your rights under New York Law after suffering a construction site accident?

Suffering a construction accident injury is often the basis for a personal injury lawsuit, but you will need to consult with an experienced New York construction accident attorney to determine whether your accident claim has merit.

A case evaluation will determine whether a construction accident victim can qualify for a third-party claim above just workers’ compensation benefits. In order to bring a third-party construction accident lawsuit, you need to determine that your injury was caused by the negligence of a third party- outside of your employer.

Time limits to file:

Per the New York State statute of limitations on personal injury, New York construction workers who have sustained an injury on the job site have three years from the date of their accident to pursue litigation.

Construction workers also only have two years to file for workers’ compensation benefits.

Family members who have lost a loved one have two years from the date of death to file a wrongful death claim.

There are much shorter time limits if your personal injury or wrongful death claim is against a government entity, and notice needs to be filed within 90 days.

The experienced and knowledgeable legal team at The Rothenberg Law Firm will guide you step-by-step through the process of initiating a construction accident lawsuit, starting with a free consultation. Time is of the essence due to the complexity of gathering all supporting materials for your accident claim.

What is the New York City scaffolding law? What other legal protections exist for New York construction workers?

Per New York State Labor Law, construction workers are entitled to safeguards at their work site, but sadly these safety measures are not always in place, and backlogs have delayed OSHA investigations and enforcement.

Nonetheless, injured construction workers in New York City are able to bring a construction accident lawsuit under New York Labor Law Sections 240, 241, and 200.

The prevalence of scaffolding accidents has led to the passing of Labor Law 240. Known as the “Scaffold Law," it provides for fall protection. That’s because Labor Law 240 permits construction workers to sue third parties like site owners, contractors, and their agents for accidents involving gravity-related incidents like falling objects or falls from heights. Labor Law 240 also mandates that companies provide adequate protection to construction workers at job sites.

Per Labor Law 241,  New York construction workers can sue owners, contractors, and their agents for violating regulations to the New York State Industrial Code. Accidents, including electrocution, machinery, trips, slips and falls, and crane and scaffold accidents, are among the types covered.

Additionally, Labor Law 200 allows workers to sue companies for their failure to provide reasonable and adequate protection to workers on a construction site. It has similarities to a negligence case.

Understanding if your accident claim can meet the standards set under New York Labor Law is crucial. Why?

Not all job site accidents will result in a lawsuit. It’s crucial that you consult a respected team of New York City construction accident attorneys like those at The Rothenberg Law Firm, to learn more about your options.

Additionally, for construction workers injured in worksite accidents, workers’ compensation insurance does not typically cover pain and suffering. Workers comp also may not adequately compensate for damages, like the loss in earning power. Therefore, it is essential to contact a personal injury lawyer to determine if you can bring a construction accident lawsuit to receive compensation above and beyond your workers compensation benefits.

Which boroughs of New York City have the highest rates of construction site injuries?

An investigative report by the Gothamist determined that in 2022, there were 22 construction workers killed on job sites in the five boroughs, marking the highest level of fatalities since 2012, per OSHA data.

The most recent official numbers, released in April 2022 by the New York City Department of Buildings, found that Manhattan had 75 construction accidents and 77 injuries, the highest among the boroughs. Brooklyn had the second-highest number, with 30 accidents and 31 injuries. The Bronx was the third-most dangerous by accident and injury count, followed by Queens and Staten Island.

Recent Significant NYC Construction Accidents

OSHA recently reported that the rate of NYC construction accidents is higher than the national average. Details on recent NYC construction accidents can be found in the Dept. of Buildings database here.

Who can be liable in construction accident lawsuits?

Every construction job site is different, so every accident claim filed by a construction worker will be different. Whether the issue at the heart of a construction accident lawsuit is poor working conditions, faulty safety equipment, a defective scaffold, or even a wrongful death, there can be different liable parties. It is up to a reputable construction accident lawyer to guide you in the best course of action.

Some of the possible defendants in an NYC construction accident fall into one of the following categories:

• general contractors
• subcontractors
• property owners
• engineers
• architects
• equipment manufacturers

The Rothenberg Law Firm’s Legal Team Has the Experience and Ability you need for your NYC Construction Accident Case

As reputable and successful personal injury attorneys, we take construction site injuries very seriously. With billions won and collected for our clients and over five decades of experience, The Rothenberg Law Firm has built a reputation as one of the top New York City construction accident law firm.

Don’t allow insurance companies, property owners, general contractors, subcontractors, or construction companies to give you less than you deserve for your injuries and suffering. Contact The Rothenberg Law Firm today for a free consultation to understand your legal rights to financial compensation for your construction accident claim.