New York Construction Accident Lawyers

Construction Accident Cases We Handle

Construction sites change from one shift to the next. A crew may move a scaffold, uncover a floor opening, or bring a delivery through an area where other trades are working. We look at how the job was set up, which companies were involved, and what could have prevented the injury.

• Scaffold, ladder, and roof falls. A ladder can slide, a scaffold plank can give way, or a worker can fall through an unguarded opening. Read our guide to scaffold and ladder falls under New York Labor Law.
• Falling tools, materials, and loads. Workers can be injured when a load shifts during a lift, a tool drops from above, or debris falls into an active work area. Learn what to consider if you were hit by a falling object on a construction site.
• Workers struck by vehicles, equipment, or moving materials. A worker can be hit by a reversing vehicle, swinging equipment, or materials being moved between crews. Read more about struck-by accidents on New York City construction sites.
• Crane, forklift, and machinery accidents. Workers can be pinned, crushed, or struck when heavy equipment malfunctions or is operated unsafely. Explore who may be responsible for crane accidents on New York construction sites and forklift accidents in New York City.
• Trench collapses and excavation accidents. A trench wall can cave in and trap workers. Excavation can also expose crews to unstable ground and heavy equipment hazards.
• Electrical accidents, fires, and explosions. Contact with live wiring or an overhead power line can cause severe injuries. Fires and explosions can also cause serious burn injuries.
• Slips and trips on construction sites. Debris, loose cords, and uneven temporary walkways can cause serious trip and fall injuries at ground level.

Who Can Be Held Responsible for a Construction Accident?

The company that signs your paycheck may be different from the company that assembled the scaffold, supplied the equipment, or controlled the work area. Finding out who did what on the site can help determine whether you have a claim against someone other than your employer.

More than one company may be involved. If a scaffold plank collapses, for example, we may investigate who supplied the equipment, who assembled it, and who had a legal duty to provide proper protection. When machinery fails, a different set of questions may matter, including whether the equipment was defective, improperly maintained, or used unsafely. Read more about liability for construction equipment malfunctions.

How New York Labor Law Protects Construction Workers

Labor Law § 240(1) and the Scaffold Law

New York’s Scaffold Law requires covered owners, contractors, and their agents to provide proper safety equipment for certain work involving elevation risks. It may apply when a worker falls from a ladder or scaffold or is struck by an object that should have been secured for the work being performed.

If a ladder shifted, we would look at how it was set up, whether it was suitable for the task, and whether inadequate protection contributed to the fall. Read New York Labor Law § 240(1).

Labor Law § 241(6) and Construction Site Safety

This section addresses safety during construction, excavation, and demolition. A violation of a specific New York Industrial Code rule may support a claim if it contributed to the injury. Depending on the work, those rules can address hazards such as unguarded openings, unsafe passageways, and certain excavation conditions. Read New York Labor Law § 241(6).

Labor Law § 200 and the Duty to Provide a Safe Workplace

When a dangerous site condition causes an injury, the case may turn on who created the hazard or had notice of it. When the way the work was performed caused the injury, the authority to supervise or control that work can be central. Read New York Labor Law § 200.

Construction Accident Case Result | $3.8 Million After a Scaffold Plank Collapsed

A construction worker fell about two feet and broke his ankle when a scaffold plank gave way beneath him. The Bongiorno Law Firm obtained $3.8 million for the worker.

Even a short fall can cause a serious injury. In a scaffold case, the task the worker was performing, the equipment provided, and how it failed are all important to evaluating a claim.

Our construction accident case results also include $13 million for a worker who suffered a partial limb amputation.

Prior results do not guarantee a similar outcome.

Can You Sue if You’re Already Receiving Workers’ Compensation?

Yes. You may be able to bring a separate personal injury lawsuit if someone other than your employer is legally responsible for your construction injury.

The two claims can affect each other. For example, a workers’ compensation insurer may be entitled to reimbursement from part of a personal injury recovery. We can explain how that may apply to your case. Read New York Workers’ Compensation Law § 29.

Our guide explains when you can file for workers’ compensation and bring a personal injury lawsuit in New York. If you need to start a claim for benefits, see the New York State Workers’ Compensation Board filing guide.

What Compensation Can You Seek After a Construction Injury?

A broken wrist may heal but still leave an electrician with reduced grip strength. A back injury may allow someone to return to lighter duties while limiting what they can earn. In a personal injury case, we look at how the injury affects your ability to work and manage daily life.

Depending on the facts and evidence, compensation may include:

• Past medical expenses and the cost of future treatment, rehabilitation, or assistive equipment
• Income lost while you were unable to work
• Reduced future earning capacity if you can’t return to your trade or work the same hours
• Physical pain, emotional suffering, and the effect of the injury on daily life
• Losses associated with permanent disability, scarring, or disfigurement

What to Do After a Construction Site Injury

• Get medical care. Tell your provider that you were injured at work and explain how it happened.
• Notify your employer promptly in writing. Include when, where, and how it happened. Keep a copy of what you send and ask for a copy of any incident report.
• Save evidence you can gather safely. Keep photos of the work area or equipment, witness names, and texts about the assignment.
• Track treatment and missed work. Keep medical paperwork, pay stubs, and a record of the shifts you couldn’t work.
• Speak with an attorney early. Scaffolds can be dismantled, equipment replaced, and video overwritten. Early investigation can help preserve evidence about what happened.

For state guidance on reporting an injury and filing for benefits, see the New York State Injured Worker’s Toolkit.

How The Bongiorno Law Firm Builds Construction Injury Cases

We start with your account of the job. What task were you assigned? Who gave the instructions? What equipment was available? Had anyone raised a concern about the work area or how the job was being done?

Depending on the case, our attorneys may review contracts, incident reports, photos, or video. We may speak with witnesses and work with experts to evaluate equipment or safety practices. We also look at your medical records, the physical demands of your trade, and how the injury has changed what you can do at work and at home.

Construction Accident Resources for New York Workers

Explore our guides for more on specific job site injuries, who may be responsible, and which claims may be available.

Falls and falling objects

• Scaffold and ladder falls under New York Labor Law
• What to know if you were hit by a falling object on a construction site
• Struck-by accidents on New York City construction sites

Crane, forklift, and equipment accidents

• Who may be liable for a crane accident on a New York construction site
• Common causes of NYC forklift accidents and who may be liable
• Who may be liable when construction equipment malfunctions

Workers’ compensation and personal injury claims

• When you can file for workers’ compensation and bring a personal injury lawsuit in New York

Speak With a New York Construction Accident Lawyer

We represent injured construction workers across Long Island and New York City, including Nassau County, Suffolk County, Queens, and Brooklyn. Tell us what you were doing when you were hurt and how the injury has affected your ability to work. We’ll explain your options and what we would look at next.

We Care. We Fight. You Win.

Frequently Asked Questions

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