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Construction Accident Attorney

Construction Accident Attorney

Construction Accident Lawyer in New York

Construction sites are notoriously dangerous places. Nearly one in five workplace deaths occurred in the construction industry in 2021, with falls being the leading cause of death at 36.4%. In 2020, construction workers experienced 21,400 non-fatal accidents nationwide, costing them thousands in medical bills and lost wages due to being too hurt to work.

If you’ve been hurt on a construction site, a New York construction accident lawyer can help. Here’s what you need to know about construction accident cases from a personal injury attorney.

Can You Sue Your Employer for a Construction Accident in New York?

When you’re hurt at work, your first instinct might be to call a construction accident lawyer in New York and sue your employer for violating labor laws. However, even if your employer did break labor laws, you typically can’t sue them if they offer workers’ compensation benefits to you.

You can only sue your employer in these circumstances:

  • Your employer doesn’t have workers’ comp insurance even though the state requires them to.
  • You work for an employer that isn’t required to have workers’ comp, such as the New York Department of Sanitation.
  • Your employer purposely injured you.
  • Fortunately, workers’ comp is a type of no-fault insurance. That means it pays you benefits no matter how the accident happened or who caused it.
  • Workers’ comp pays for the following:
  • Medical expenses, including emergency treatment, surgery, medication, and supplies
  • Lost wages until you’ve recovered enough to go back to work
  • Retraining if you need to find a job outside of the construction industry

If you plan to file a workers’ compensation claim, you must notify your employer within 30 days and file your claim within two years of the accident.

The quickest path to workers’ comp benefits is to file a claim online.

Third-Party Lawsuits

If a third party caused or contributed to your accident, it’s possible to hold them liable with the help of a New York construction accident lawyer. But what exactly is a third party?

Essentially, it could be anyone who’s not your employer. For instance, if a subcontractor dozed off while operating machinery and hit you, you could sue them as a third party.

Here’s another example: You were working on someone’s private property, and their dog attacked you. If the owner knew their dog was dangerous and failed to contain the animal, you might have grounds to sue them.

Individuals aren’t the only parties you can hold liable. If a defective piece of equipment hurt you, you could sue the manufacturer in a product liability lawsuit in pursuit of compensation for your injuries.

Damages You Can Seek in a Construction Accident Lawsuit

If you choose to sue a third party, you can seek more damages than what workers’ comp would pay. In addition to the cost of your medical bills and lost wages, you could also sue for:

  • Pain and suffering
  • Scarring and disfigurement
  • Emotional distress, such as depression and anxiety
  • Loss of quality of life
  • Lost earning potential
  • The cost of hiring an aide to help you at home
  • Long-term nursing care and health administration

Examples of Cases a New York Construction Accident Lawyer Handles

At Dervishi Law Group, P.C., a New York construction site accident lawyer can handle all kinds of relevant cases. The following are a few examples of cases your lawyer can help with:

  • Another worker dropped something on you from above.
  • General contractors set up a ladder improperly, causing you to fall.
  • A manufacturer sold you a faulty tool or piece of equipment, which caught on fire and injured you.
  • You became sick from exposure to toxic chemicals on the job.

Reach Out to Dervishi Law Group for Help With Your Construction Accident Case

Health and safety hazards on a construction site are ever-present. Unstable scaffolding, faulty tools, and unsafe ladders contribute to hundreds of injuries at construction sites yearly.

If you’ve been hurt at work and need help navigating workers’ comp or want to know whether your case qualifies for a lawsuit, call Dervishi Law Group, P.C. at (718) 619-4525. We provide free consultations and are available to answer your questions 24/7.

New York Construction Accident Lawyer

Construction areas are full of dangerous equipment, poisonous chemicals and gases, high voltage electricity and uneven work surfaces. Work injuries are common at construction sites. If you have been hurt in a construction accident, then you are eligible for workers’ compensation.

Construction accident lawyers at Dervishi Law Group, P.C. in the Bronx have helped injured workers and their families following work accidents.

Some notable victories from Dervishi Law Group, P.C:
  • $1,500,000.00: A construction worker fell off of a ladder, reinjuring his lower back upon which he had a prior surgery.
  • $775,000.00: A construction worker lost his finger when the blade on his saw broke.
  • $240,000.00: A worker fell into an open hole at a construction site, injuring his shoulder and neck.
  • $200,000.00: A construction worker sustained a laceration to his arm while cutting metal.

New York Construction Accident Statistics

Every year, thousands of construction workers are injured or killed in construction site accidents. In 1995, over 17,000 construction workers died while working. It is an alarming fact that 1 out of every 10 construction workers is accidentally injured every year. It is possible to sue a company if you happen to be a victim of a construction site accident. There is no excuse for a construction company not providing a high standard of safety.

Claim Compensation for Your Construction Accident Injuries in NYC

Construction workers have rights in the event of an accident. We have the experience to advise you about these laws, and to protect your financial future. We have successfully represented thousands of construction workers who have been hurt on the job. We have our own investigative team and act quickly to gather and preserve evidence.

Types of Construction Accidents in New York

Barely a day goes by in New York City without a construction accident. It’s easy to see why, as construction sites are always abuzz with activity nearly everywhere you look. With so many construction workers out there, not all of them well trained, accidents are bound to happen every now and then.

Below, a construction accident lawyer in New York explains several common types of construction accidents and discusses how to win your case if you’ve suffered a construction accident.

Common Construction Accidents in NYC

Workers’ Compensation Lawyers

Falls From Height

Falls from height are the leading cause of construction injuries and deaths. In 2019, more than 400 of the nearly 1,000 construction fatalities were due to falls to a lower level.

Falls are often fatal, and when they’re not, they can leave victims with life-altering disabilities and severe injuries. For instance, one Colorado Springs construction worker suffered serious injuries after falling off the roof of an apartment building.

Falls from height can cause:

  • Spinal cord injuries
  • Brain injuries
  • Broken bones
  • Organ damage
  • Paralysis

Crush Injuries

Crush injuries occur when a worker is struck by a heavy object, such as machinery or building materials. Like falls, such injuries can be fatal. Struck-by accidents caused 14,000 non-fatal injuries and 150 deaths in 2020.

In 2023, a construction worker in Tyler, Texas, perished after he was hit in the head by a piece of machinery. In the same year, another worker died after a large pipe fell off an 18-wheeler and landed on him.

Have you suffered a serious crush injury? Reach out to a New York construction accident lawyer from Dervishi Law Group, P.C.

Scaffolding Accidents

Gaze out at the NYC skyline, and you’ll probably see construction workers toiling away on scaffolding high off the ground (OSHA estimates that 65% of the construction industry works on scaffolding regularly). If that scaffolding isn’t properly constructed, an accident can happen at any moment.

Scaffolding accidents are caused by:

  • Planks or railings giving way
  • Workers slipping because of inadequate footwear
  • A lack of fall protection
  • Poor training
  • Being struck by a falling object

Scaffolding accidents are quite common. In Fort Lauderdale, FL, a scaffolding collapse sent three workers to the hospital with serious injuries. And in Germany, four workers perished after the scaffolding they were standing on fell down an elevator shaft.

Forklift Accidents

Construction workers rely on forklifts to move heavy objects, but these large machines could cause a fatal accident if they’re not careful.

That’s what happened in 2023 when an Ontario worker died after a forklift operator ran over him. The same year, another worker perished after construction material fell off a forklift and crushed him.

Causes of forklift accidents include:

  • Driving too fast
  • Overloading the forklift
  • An inability to see others in the driver’s blind spot
  • Driving with an elevated load
  • Poor maintenance
  • Not following proper procedures when turning, backing up, or braking

Electrocutions

Electrocutions aren’t as common as other types of construction accidents, but they still happen with alarming regularity. In 2024, several workers suffered life-threatening injuries after being electrocuted on the job. The prior year, a man died after being electrocuted by a piece of equipment during a demolition project.

Electrocutions can be fatal because they often cause the heart to stop or beat irregularly. Some electrocution victims suffer respiratory distress, organ damage, burns, and seizures.

Faulty Equipment Accidents

Even when construction workers use equipment correctly, it can fail and cause serious injuries. Such failures can happen if the construction company fails to maintain the equipment. They can also result from product defects.

If you think a defective product caused your construction injury, you may be able to hold the manufacturer responsible by seeking NYC construction accident legal representation.

Building and Bridge Collapses

Buildings and other structures may look sturdy, but even so, they can collapse without warning. Take, for instance, the collapse of the Francis Scott Key Bridge in Baltimore. Six construction workers who were on the bridge at the time of its collapse perished in the incident.

Collapses like this are nearly always fatal. Workers become trapped under rubble and can’t move or breathe. Even if a rescue worker finds them, it may be too late.

Toxic Chemical Exposure

Chemical exposure is insidious because it often takes months, sometimes years, for symptoms to manifest. By the time that happens, exposed workers may have developed cancer or some other fatal ailment.

Asbestos exposure commonly causes injuries in people working on old buildings and demotion projects. Lead exposure is a regular occurrence as well.

In addition to cancer, chemical exposure can cause:

  • Manganism: A permanent neurological disorder similar to Parkinson’s disease caused by inhaling manganese fumes
  • Metal fume fever: A flu-like sickness caused by breathing in zinc fumes
  • Silicosis: A condition caused by inhaling silica dust that scars the lungs and makes breathing difficult

How To Win Your Construction Accident Case

To win your case, you’ll need the help of a good construction injury attorney in New York. Our New York construction injury law firm will help you gather evidence to support your case. A construction accident attorney serving New York City can also find liable parties, such as the following:

  • Contractors and subcontractors
  • Equipment manufacturers
  • Property owners
  • Any other third party that may be responsible for the accident

New York construction accident legal representation can also present your case in court if necessary. Most of these cases settle out of court, but if yours doesn’t, your New York construction accident lawyer will fight hard for fair compensation in a trial.

Contact a New York Construction Accident Lawyer Now

Have you been injured in a construction accident? Wondering why construction accidents are so frequent? Reach out to a NYC construction injury attorney from Dervishi Law Group, P.C. A New York construction accident site lawyer from our firm will identify liable parties and seek a fair settlement for your injuries.

For a free consultation with a New York construction accident lawyer, call (718) 484-4757.

Frequently Asked Questions

The number-one accident in construction is falls, trips, and slips (the U.S. Bureau of Labor Statistics lumps them together in a single category). In 2020, such accidents accounted for more than 35% of workplace deaths in the construction industry. Other common causes of workplace deaths include struck-by incidents, caught-between accidents, and electrocutions.

It typically takes 30 to 90 days after your workers’ comp hearing for a judge to notify you of their decision. But it’s important to know that not all workers’ comp cases go to court. This usually only happens if there’s a dispute. For instance, you might go to court if workers’ comp thinks your injury didn’t happen at work.

If there are no disputes, you should expect workers’ comp to send you a check within a few weeks of filing your claim.

New York does not cap damages, which means you can sue for the full cost of medical bills, property damage, and pain and suffering. However, if your employer offers workers’ comp, you can’t hold them liable with a lawsuit in this manner. However, you may sue third parties (such as equipment manufacturers) if you can prove they contributed to your injury.

In New York, the statute of limitations for construction accidents is two years. If an accident caused the death of a loved one, you have three years to file a negligence claim.

Should you miss the deadline, the court will bar you from seeking damages for your case. That’s why it’s wise to reach out to a New York construction accident lawyer as soon as possible.

A lack of fall protection is one of the largest causes of construction accidents. Construction employees often work 25 feet or higher off the ground, and without proper fall protection, they can suffer major injuries or perish in an accident. Poor training is another leading cause of construction accidents.

You cannot sue your employer in New York if they offer workers’ compensation insurance. However, there is an exception if your employer purposely injured you. You can also sue a third party, such as a contractor or property owner, if they caused or contributed to your injuries.

New York does not place a cap on pain and suffering damages, so you can sue for as much money as you like, within reason. If your injuries are severe and life-altering, your pain and suffering award will likely be higher than it would for a non-disabling injury.

If workers’ comp denies your claim, you can file an appeal. You may have to attend a hearing and prove why you’re eligible for workers’ comp benefits. It’s wise to have a New York construction accident lawyer present during this hearing.

For a Construction Site Accident Attorney in Bronx, NY, Call 877-700-1113

Dervishi Law Group, P.C. specializes in construction accidents. We provide our services in NYCManhattanWestchester and the Bronx in NY. If you would like a free consultation, then call (718) 484-4757  or (917) 496-8342 or email us at fdervishi@dervishilaw.com.