Construction Accident Attorneys in New York City

Your Dedicated Construction Accident Attorneys for Over 50 Years

For more than five decades, our construction injury lawyers at Jacob D. Fuchsberg Law Firm have fought for workers throughout New York. With a three-generation legacy of legal excellence, we've helped hundreds of workers facing life-changing injuries get the compensation they deserve.

When you work with us, you'll benefit from our deep command of New York's construction laws and our personalized approach to your case. We serve clients across all NYC boroughs, taking immediate action to:

• Thoroughly investigate your accident and secure critical evidence.
• Identify all responsible parties beyond your employer.
• Handle complex workers' compensation and third-party claims.
• Pursue maximum compensation for economic and non-economic damages.
• Protect your rights regardless of immigration status.
• Counter insurance companies' tactics to minimize your settlement.
• Prepare your case for trial when necessary.

Remember, you pay nothing unless we recover compensation for you. Contact our construction accident attorneys no matter where your construction accident occurred in New York State. We're ready to help you!

We Take on All Types of Construction Accidents

We work with all types of construction accident cases, providing comprehensive legal support for victims in the following situations:

Falls from Heights

According to OSHA, falls consistently rank as the 'Fatal Four' leading causes of death in construction, accounting for a significant percentage of construction worker fatalities nationwide and in New York. In fact, falls contributed to a substantial portion of the 74 construction worker deaths recorded across New York State in 2023.

We handle cases involving:

• Scaffolding accidents: Injuries from falls, structural failures, and falling objects related to scaffolding, a ubiquitous yet dangerous element of construction work in New York City.
• Falls from high elevation: Cases where workers suffer injuries after falling from roofs, elevated platforms, or unprotected edges due to inadequate fall protection measures.
• Ladder accidents: Injuries from ladder falls, equipment failures, stability issues, or improper setup and use.

Struck-By Accidents

These accidents occur when workers are hit by moving or falling objects, equipment, or vehicles:

• Crane accidents: Injuries from crane collapses, dropped loads, mechanical failures, and operator errors, which often result in severe injuries or fatalities.
• Falling object injuries: Cases where construction materials, tools, or debris fall from heights and strike workers below.
• Nail gun accidents: Injuries from misfires, ricochets, or improper handling of nail guns are a frequent risk in carpentry and framing tasks.

Caught In-Between Accidents

We represent victims who have been caught, crushed, or compressed by equipment, objects, or collapsing structures:

• Building collapses: Cases involving structure failures during construction or renovation due to negligence or safety violations.
• Trench and tunnel accidents: Injuries from collapsing trenches, cave-ins, or being caught between equipment and fixed objects in confined spaces.
• Forklift accidents: Harm resulting from collisions, tip-overs, or load-related accidents where workers become pinned or crushed.

Electrocution and Burn Injuries

Exposure to electrical hazards is a common risk on construction sites:

• Electrical burns and shocks: Cases involving contact with live wires, incomplete electrical systems, and power lines leading to burns, shocks, or electrocution.
• Arc flash injuries: Burns and trauma from electrical explosions that occur during work on energized equipment.
• Fire-related injuries: Burns resulting from construction site fires caused by electrical malfunctions, chemical reactions, or other hazards.

Equipment Failures and Malfunctions

Defective or improperly maintained equipment causes numerous injuries:

• Hoist accidents: Injuries resulting from hoist equipment malfunctions or misuse, including falls and struck-by incidents.
• Mechanical equipment failures: Cases involving defective tools, machinery breakdowns, or lack of proper guarding on equipment.
• Safety system failures: Injuries caused by malfunctioning or absent safety mechanisms on construction equipment.

Site Hazard Accidents

These accidents result from dangerous conditions on the construction site:

• Slip, trip, and fall accidents: Injuries from wet surfaces, uneven ground, debris, or inadequate lighting on construction sites.
• Traffic accidents: Workers injured in or around construction zones due to vehicle collisions and struck-by events.
• Chemical exposure: Illnesses or injuries resulting from toxic substances, harmful dust, or improper handling of hazardous materials.

Safety Violations

Many construction accidents stem from failures to follow safety regulations:

• Inadequate training: Injuries resulting from insufficient safety training or supervision of workers.
• Safety gear failures: Incidents where workers have been injured due to the lack or failure of essential safety equipment like helmets, harnesses, and protective clothing.
• Overexertion and heat stress: Injuries resulting from long hours, heavy lifting, extreme temperatures, and inadequate breaks.

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 (TBIs).
• 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.

Common Causes of New York Construction Accidents

When we represent construction accident victims, we thoroughly investigate the underlying causes:

• Regulatory violations: Many accidents result from failures to comply with OSHA regulations and New York labor laws.
• Inadequate safety protocols: Lack of proper safety planning, inspections, and hazard communication.
• Defective equipment: Malfunctioning machinery, tools, or safety devices that manufacturers may be liable for.
• Improperly secured objects: Failure to properly secure tools, materials, and equipment at heights, combined with inadequate safety measures.
• Contractor negligence: Failure of contractors and subcontractors to maintain safe working conditions.
• Poor site management: Improper supervision, coordination issues between trades, and rushed schedules.
• Environmental factors: Weather conditions, confined spaces, and other environmental hazards.

With decades of experience representing construction workers, our attorneys understand New York's unique construction laws. If you or a loved one has been injured in a construction accident, contact Jacob D. Fuchsberg Law Firm for a free consultation. Our experienced attorneys will evaluate your case and help you understand your legal options.

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: These parties must maintain safe work environments and comply with safety regulations. When they fail to provide proper training or safety equipment, they may be held liable for resulting accidents.
• Subcontractors: Like primary contractors, subcontractors must adhere to safety standards on construction sites. Their negligence in following protocols can make them accountable for accidents within their scope of work.
• Equipment manufacturers: Defective machinery, tools, or safety gear can cause serious construction accidents. Manufacturers may be liable when their products malfunction or have design flaws that contribute to injuries.
• Property owners: Site owners have responsibilities regarding inherent hazards on their property. They may bear liability if they fail to disclose or address dangerous conditions that lead to accidents.
• Architects and engineers: These professionals must ensure construction designs meet safety standards. Design flaws or failure to account for safety requirements can make them liable for resulting accidents.
• Government entities: Construction projects on government property or with public funding involve government responsibility. Government agencies may be liable when their negligence contributes to construction accidents.

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 deep experience in construction accident cases.

New York Construction Laws That Protect Workers

New York's construction industry is governed by specialized labor laws designed to protect workers and establish clear liability standards. When building your case, our attorneys strategically apply these powerful legal protections to hold responsible parties accountable. Understanding these key statutes is essential for determining liability in construction accident cases:

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.

Choosing the Right Path to Compensation After a Construction Accident

After a construction accident, you have two main options for financial recovery:

Workers' Compensation Claims

• Available to most New York construction workers regardless of fault.
• Covers medical expenses and lost wages, but not pain and suffering.
• Requirements: Report injury to employer immediately, seek prompt medical care, and file a formal claim.

Third-Party Lawsuits

• Available when someone other than your employer (contractor, equipment manufacturer, etc.) caused your injury through negligence.
• Can provide compensation for pain and suffering and future losses not covered by workers' compensation.
• Must be filed within specific time limits (statute of limitations).

Many construction accident victims can pursue both options simultaneously, maximizing their potential compensation. Consult with a construction accident attorney to determine the best approach for your specific situation.

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

Construction accidents often leave victims facing significant physical, emotional, and financial challenges. New York law recognizes these burdens and provides several avenues for compensation. Understanding the full range of damages available can help ensure you receive fair compensation for all your losses.

Economic Damages

Construction injuries typically result in substantial financial losses. You may be entitled to recover:

• Medical expenses: All costs for current and future medical treatment, including hospital bills, medications, surgeries, rehabilitation, and specialized equipment.
• Lost wages: Compensation for missed work and reduced earning capacity if you cannot return to your previous position.

Non-Economic Damages

Beyond direct financial losses, the law acknowledges the personal toll of construction injuries:

• Pain and suffering: Compensation for physical pain and emotional distress experienced due to your injuries.
• Disability and disfigurement: Additional compensation for permanent limitations or visible scarring that affects your life quality.

Additional Damages

In certain circumstances, you may be entitled to further compensation:

• Wrongful death benefits: If you lost a family member, compensation for funeral expenses, lost financial support, and loss of companionship.
• Punitive damages: In cases involving extreme negligence, additional compensation meant to punish particularly reckless behavior.

Every construction accident case presents unique circumstances. The specific damages you can recover will depend on the details of your accident, the severity of your injuries, and the legal options you pursue. Our attorneys can help evaluate your case and fight for the maximum compensation you deserve.

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.