Construction Accidents

Construction sites span across New York City. Accidents that involve construction equipment or construction sites frequently result in serious or debilitating injuries, and you need a personal injury attorney on your side to help you with the complicated legal steps involved in your claim. Caesar & Napoli, is an established personal injury law firm in New York City that provides assertive legal representation for those who have been injured in construction accidents.

Diligent Investigation

Every year thousands of construction workers suffer from serious injuries, and families lose loved ones in construction accidents. When outside issues involving third parties, wage issues, safety equipment and others arise, it takes the knowledge of a skilled attorney in order to effectively represent a victim’s interests. Our construction accident lawyers have handled a broad range of workplace injury claims in Manhattan, Brooklyn and Queens, involving:

• Scaffolding falls
• Ladder accidents
• Injuries from defective work equipment
• Third-party claims
• Union worker injury claims

Our team of New York construction accident lawyers has been representing injured workers for decades. We know what needs to be done in order to gather sufficient evidence, document the accident and prove the facts of the case. Having represented seriously injured victims, we are also familiar with how certain injuries affect one’s abilities to work and function on a day-to-day basis.

Get Help For On-The-Job Injuries

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766 . Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.

What to Do First After a Construction Accident

The days right after a construction accident usually decide how much evidence still exists when the claim is finally investigated. Scaffolds come down, ladders get moved and debris is cleared, often within a week. If you were hurt on a job site, these steps protect both your health and your claim.

• Report the accident to your employer in writing. A dated written report is far harder to dispute later than a verbal mention to a foreman.
• Get medical attention the same day if you are able to. A gap between the accident and the first medical visit is one of the most common arguments used to question whether an injury really came from the job.
• Photograph the site, the equipment and your injuries. Photographs taken the same day carry weight that later reconstruction cannot match.
• Write down who was there. Note the general contractor, the subcontractors working that day, and any coworkers who saw what happened.
• Keep every document. Accident reports, OSHA paperwork, medical records, pay records showing lost time and any letters from an insurer all matter.
• Be careful with recorded statements. You are not obligated to give a recorded statement to another party’s insurance company before you have spoken with an attorney.

New York Labor Law Protections for Construction Workers

New York’s Labor Law contains provisions written specifically for construction work, and they go further than the law in most other states. Three sections do most of the work in these cases.

• Section 240(1), often called the Scaffold Law. This covers elevation related hazards, including falls from scaffolds, ladders and roofs, falls through unprotected openings, and injuries from objects falling from above. Where it applies, owners and general contractors can be held responsible even when they did nothing careless themselves, because the duty to provide proper protection cannot be handed off to someone else.
• Section 241(6). This ties responsibility to violations of specific rules in the New York Industrial Code, covering matters such as fall protection, trench safety, lighting and debris removal.
• Section 200. This reflects the general duty to provide a reasonably safe place to work. It applies where an owner or contractor created a dangerous condition, knew about it, or controlled how the work was being done.

Workers’ compensation is generally the only claim available against your own employer, and it does not pay for pain and suffering. A separate claim against a different party, such as a property owner, a general contractor, a subcontractor or an equipment manufacturer, often can. Whether that separate claim exists depends on who controlled the site and what actually caused the accident, which is why identifying every party involved early matters so much.

New York also applies pure comparative fault. Being partly responsible for an accident reduces a recovery in proportion to your share of the fault. It does not by itself bar a claim.

Deadlines That Can End a Construction Accident Claim

Most New York personal injury lawsuits must be started within three years of the date of injury, and most wrongful death claims within two years of the date of death. If a city agency, public authority or other government entity may be responsible, a written Notice of Claim is generally required within 90 days of the accident, which arrives far sooner than most people expect. Workers’ compensation carries its own separate notice and filing requirements. Because the deadline that applies depends on who is responsible, it is worth having the facts reviewed well before any of these dates get close.

Construction Accident Questions We Hear Most Often

Can I bring a claim if I am already receiving workers’ compensation?

Often, yes. Workers’ compensation covers medical treatment and part of your lost wages, and it is generally the only remedy against your employer. It does not prevent a separate claim against a different party, such as a property owner, general contractor or equipment manufacturer, and that separate claim can cover losses workers’ compensation does not pay, including pain and suffering.

What if I was not using the safety equipment that was provided?

It is still worth having the accident reviewed. New York applies pure comparative fault, so partial responsibility reduces a recovery rather than eliminating it. Under Section 240(1), the question is usually whether adequate protection was actually provided and available, not simply whether it was used.

Does my immigration status affect my ability to file a claim?

New York’s Labor Law protections apply to workers on construction sites regardless of immigration status, and injured workers can bring personal injury claims in New York courts.

Who can be held responsible besides my employer?

Depending on the facts, a property owner, a general contractor, another subcontractor, a scaffolding or equipment supplier, or the manufacturer of a defective tool or machine may all be potentially responsible. Construction sites usually involve several companies at once, and sorting out who controlled the work is a large part of the investigation.

How long do I have to file?

Most personal injury cases must be started within three years of the injury, and most wrongful death cases within two years of the death. If a government entity may be involved, a Notice of Claim is generally due within 90 days.

What does it cost to have my case looked at?

Initial consultations are free. Most personal injury cases at the firm are handled on a no-win, no-fee basis, which means attorney’s fees are owed only if there is a recovery.

The information on this page is general and is not legal advice. Deadlines and outcomes depend on the specific facts of each case.