NYC Construction Accident Lawyers
Protecting The Interests Of Construction Workers In Job Site Accidents
New York City construction workers constantly encounter dangerous hazards — placing themselves in harm’s way every time they step onto a job site. General contractors have a responsibility to ensure worker safety at all times. When that responsibility goes unfulfilled, it places workers at significant risk, and the potential for severe injuries is extremely high.
In cases where negligent conduct results in an accident that leads to serious injuries, construction workers are entitled to seek full and fair compensation for their medical care, loss of income and other relevant considerations. Every construction worker — whether union, nonunion or even an undocumented immigrant — has the right to be compensated in the event of a construction site injury.
Strong Representation In All New York City Construction Accidents
The New York construction accident lawyers at Edelman & Edelman, P.C., have successfully represented workers in a wide array of construction accident claims. Our founder, Martin Edelman, is widely regarded as one of the preeminent construction injury litigation attorneys in the state. He has been recognized throughout his nearly 40-year career for his superior knowledge of medicine and construction injuries and his ability to secure outstanding results in a variety of cases.
Our New York construction accident lawyers have experience resolving all types of construction site injury claims, including those related to:
- Injuries caused by ladder and scaffolding falls, including falls linked to violations of New York’s Scaffolding Law
- Injuries caused by crane accidents
- Injuries caused by aerial lift accidents
- Injuries caused by the failure to provide vertical passage
- Injuries caused by falls from heights
- Injuries caused by falling objects, debris and construction materials
- Injuries caused by falls into holes and trench collapses
- Injuries caused by power tools and electrical injuries
New York Construction Accident Laws
New York construction laws are complex, you will need the experience of Edelman & Edelman, P.C., to get you the results you deserve. Listed below are various laws related to New York construction accidents.
New York Labor Code 241: The Basics
While many construction workers are well-familiar with New York’s Scaffolding Law, it is important to remember that there is actually another Labor Law in New York that also helps protect the safety of those working on construction sites.
Otherwise known as New York Labor Code Section 241, this particular law is designed to provide additional safety protections to all construction workers, including those on the ground — as opposed to just those working at heights, which is the focus of the New York’s Scaffolding Law. Essentially, Section 241 is an all-encompassing safety law for each and every construction worker.
So What Does NY Labor Code Section 241 Say?
While Section 241 contains several provisions, one of the most important provision states that when general contractors and property owners are involved in construction, demolition or excavation, they are required to ensure that:
All areas of work are properly “constructed, shored, equipped, guarded, arranged, operated and conducted” so as to provide workers with “reasonable and adequate protection and safety.”
In the most basic terms, this provision means that some contractors and/or property owners must provide the necessary safety equipment to keep the workers safe. However, not only does this law make general contractors and property owners responsible for the safety of the workers, but it also provides legal recourse for construction workers who are injured when contractors and property owners fail to follow the requirements of the law.
Indeed, New York courts have expressly stated that the purpose of this law is to give those who work in the dangerous industries of construction, demolition and excavation, additional protections besides workers’ comp.
However, it is important to mention that Section 241 does not apply to property owners of one- and two-family dwellings, who contract for construction and do not actually control the work.
So What Is My Next Step?
Whether you have been injured while working on the ground, high atop scaffolding or anywhere in between, you need to speak with an experienced construction injury attorney as soon as possible.
At Edelman & Edelman, P.C., our construction accident lawyers have a proven track record of successfully helping construction workers injured in a wide range of accidents. In fact, with nearly 40 years of experience, attorney Martin Edelman is recognized as one of the preeminent construction accident attorneys in New York.
We encourage you to contact our office and schedule a free, no-obligation initial consultation. Our NYC construction law firm represent injured workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. You can reach us online or by phone at 212-235-1197.
3 Things Workers Should Know About New York’s Scaffolding Law
Otherwise known as Labor Law Section 240, New York’s Scaffolding Law is one of the best worker protection laws in the country.
Essentially, the NY Scaffolding Law requires all property owners and general contractors to provide construction workers with proper safety equipment — such as scaffolding — when the workers are constructing, demolishing, painting or simply cleaning a building. If the owner or contractor fails to fulfill this duty, and a worker is injured in a fall as a result, then the owner or contractor will be “absolutely liable.”
So not only does the Scaffolding Law promote safety on construction sites, but it also provides workers who suffer fall-related injuries with effective legal options.
If you have been injured while working construction in New York, here are three things you need to know about the Scaffolding Law:
- It applies to more than just scaffolding: While Labor Law Section 240 is often used by workers who have suffered scaffolding-related accidents — hence the name “Scaffolding Law” — it actually applies to several other situations, including those involving ladders, hoists, pulleys, ropes and slings, just to name a few. It also protects undocumented workers, which many people do not know.
However, it should be noted that this law does not apply to property owners of one- and two-family dwellings, who contract for construction and do not actually control the work.
- It is not the same as workers’ comp: Seeking damages under New York’s Scaffolding Law is not the same as seeking workers’ compensation benefits. In fact, the compensation available under the Scaffolding Law may be significantly larger than what is provided through workers’ comp, which is one of the many reasons why you should always speak to a catastrophic injury attorney before a workers’ comp lawyer.
- There may be a time limit to bring your claim: Under New York law, you typically have a limited amount of time to file a lawsuit following an injury-causing accident. Otherwise known as the statute of limitations, this period of time is normally limited to three years for personal injury claims related to construction accidents. If you fail to bring your claim within this time, you will be forever barred from enforcing your legal rights.
However, it should be noted that if a construction death results in the death of a family member, you may only have two years to bring a wrongful death action. Also, if a government agency is involved, you will be subject to an even shorter time limit of 90 days.
Ultimately, this is merely a small amount of what you need to know if you have suffered serious injuries in a construction-related fall. To learn more, contact Edelman & Edelman, P.C.
Can You Sue Your Employer For Work-Related Injuries?
While many injured workers would like to sue their employers, the reality is that New York law typically bars employees from suing their bosses following a work-related injury. This is because the workers’ compensation system is supposed to be the exclusive remedy for workers who are injured on the job — meaning workers normally cannot sue their employers or co-workers, even if they are responsible for causing the injury.
The basic idea behind the workers’ compensation system is that workers give up their rights to file a lawsuit against their employers in exchange for workers’ comp benefits, including medical care and a percentage of lost wages.
Third-Party Claims: A Legal Option Outside Of Workers’ Comp
However, you should know that just because you normally cannot sue your employer doesn’t mean you don’t have other legal options available besides workers’ comp, especially if you are injured while working construction.
In fact, if a third party — which includes anyone who isn’t your employer or co-worker — is at fault for your work-related injury, you may be able to file a third-party claim. Some common examples of third-party construction claims in New York include instances in which:
- A worker is injured when a property owner or general contractor fails to provide sufficient or properly installed equipment for those working on ladders or atop scaffolding, in violation of New York’s Scaffolding Law.
- A worker is injured when a property owner or general contractor fails to provide necessary safety equipment in general, in violation of New York Labor Law Section 241.
- A worker suffers an injury due to a defective/dangerous tool or piece of machinery.
- A worker is injured due to the negligent actions of any third party such as a delivery driver of subcontractor.
As you can see, third-party claims can arise in a wide range of situations, including instances of falling objects, trench collapses, and falls from ladders and scaffolding, just to name a few.
In many cases, victims of construction accidents may be able to recover significantly more through a third-party claim than workers’ comp — although you need an experienced attorney on your side to make sure you do things right.
Edelman & Edelman: We Will Pursue Maximum Compensation For You
At Edelman & Edelman, P.C., our NYC construction accident lawyers are not afraid to take on complex cases — in fact, that is all we do. Simply put, once we take on your case, you can count on us to use every resource available to win your claim and help you obtain the maximum recovery possible.
One of the biggest mistakes you can make following a serious construction accident is to only seek legal representation from a law firm that focuses solely on workers’ comp, especially since you may be able to collect so much more through a third-party claim, when available.
Contact us today and learn how we can help coordinate your case, so as to ensure you are taking advantage of every legal option. Our NYC lawyers have recovered millions for injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. You can reach us online or by phone at 212-235-1197.
3 Reasons To Talk To A Construction Accident Lawyer Before A Workers’ Comp Attorney
Following a serious on-the-job injury, your first instinct may be to try to get money through workers’ comp as quickly as possible, especially if you have no paycheck coming in.
However, you may be making a huge mistake if you decide to seek workers’ compensation benefits before speaking with one of our experienced catastrophic injury attorneys — a mistake that can cost you a lot of money.
The truth is, if you seek legal guidance from a New York lawyer who only does workers’ comp, then workers’ compensation benefits is all you will ever receive, even though you may be entitled to so much more, depending on your situation. Simply put, you may be leaving money on the table if you only seek workers’ comp.
In case you need any more convincing, here are three more reasons you should speak with Edelman & Edelman, P.C., before talking to a law firm that focuses solely on workers’ compensation:
- You need to find out if a third-party/labor law claim exists: Many injured workers don’t realize that they may be able to seek damages through third-party claims, which, as its name suggests, arise when injuries are caused by the negligence of third parties such as general contractors, subcontractors, property owners and delivery drivers. New York also has several labor laws — including Section 240, the Scaffolding Law, and Section 241 — that allow injured workers to seek damages outside of workers’ compensation. In many instances, these types of claims can provide significantly more compensation than workers’ comp alone.
- You need to avoid expensive mistakes: If you have a third-party claim in addition to a workers’ comp claim, there are many mistakes you need to avoid. For example, if you decide to take a Section 32 lump-sum workers’ compensation settlement, you may be required to waive future medical care and say that you are okay, which can affect your third-party claim.
- You need to coordinate your workers’ comp and injury claims: In New York, workers’ comp and third-party claims often progress at the same time. Therefore, if we determine that you may have both a workers’ comp and third-party claim, we can refer you to a workers’ compensation lawyer who will work with us to make sure nothing is done that will put your third-party claim at risk.
Want To Know If You Can Sue Outside Of Workers’ Compensation?
Even though not every construction/work-related accident will involve a third-party claim, many do, which is why you should always speak with one of our attorneys before simply seeking workers’ comp.
To schedule your free initial consultation, contact our New York office today by calling 212-235-1197. You can also reach us online. Contacting us may be the wisest decision you make following a serious on-the-job accident.
NYC Workers’ Compensation & Construction Accidents
“Should I file a workers’ comp claim or contact an attorney for my job related injury?” This is a common question we hear, and it is critical to talk with an attorney to understand your legal rights after a workplace accident. Our injury lawyers offer free case evaluations and will guide you through the legal process. We will help you get the results you deserve. Listed below is information to help you better understand the difference between workers’ compensation and personal injury law.
Personal Injury Claim Vs. Workers’ Comp
Many New York construction workers are often confused about the various legal options that may exist following an on-the-job injury. In some instances, this confusion stems from misinformation given to them by their employers or supervisors, while in other cases they simply haven’t been provided with the facts they need to make informed legal decisions.
The first step to eliminating this confusion is to understand the two primary legal options that often exist following a serious construction accident.
- Workers’ compensation: Workers’ comp is a form of insurance that employers carry to help cover various expenses incurred by injured workers, including medical expenses and a percentage of lost wages.
- Third-party/personal injury claim: A third-party claim is essentially a personal injury suit against a third party that is liable for your injury, i.e., someone other than your employer or co-worker. In the context of construction, third-party claims are often filed against general contractors and property owners, and typically involve instances in which injuries are caused by violations of Labor Law provisions such as Labor Law Section 240 (the Scaffolding Law) and Labor Law Section 241.
Significant Differences Between The Two
While there are many differences between workers’ compensation and a third-party claim, the most important differences in the eyes of construction accident victims include:
- Third-party claims allow construction accident victims to seek 100 percent of their lost wages (including future lost wages), while workers’ comp only covers a percentage of lost wages.
- Third-party claims allow construction accident victims to seek damages for pain and suffering, while workers’ comp does not.
- Third-party claims allow construction accident victims to seek compensation to cover all medical expenses related to the construction accident for life, while medical care under workers’ comp may eventually be cut off or limited, depending on the circumstances.
While you can seek both legal options at the same time, it is important to keep in mind that a workers’ comp settlement can impact your third-party claim, and vice versa. For instance, if you accept a Section 32 lump-sum workers’ comp settlement, you may be required to testify that you are OK and don’t need future medical care — which can negatively affect your third-party claim.
Alternatively, if you settle your third-party lawsuit, your recovery may be reduced to reimburse your employer’s workers’ comp insurance provider for benefits already paid. In addition, if your employer finds out about your third-party settlement after it is finalized, you may lose your right to receive any workers’ comp benefits.
This is why it is so important to coordinate both your workers’ comp and third-party claims, as it is the only way to ensure you maximize your recovery.
Find Out What Legal Options Are Best For You
The truth is that not every construction accident will involve a possible third-party claim, but if it does, you risk settling for far less than you deserve if you only seek workers’ compensation benefits.
What Does Workers’ Comp Cover In New York?
A common question many injured construction workers have is, “What does workers’ comp cover?” This isn’t particularly surprising, especially when you consider that many injured workers are no longer able to earn a paycheck and often face extensive medical treatment.
There are three main benefits covered by workers’ compensation in New York, including:
- Cash benefits: Workers’ comp typically provides cash benefits to injured workers based on their degree of disability and average weekly pay for the previous year. Specifically, cash benefits typically equal two-thirds of the workers’ average weekly pay, multiplied by their disability percentage. However, there is also a cap placed on the amount of cash benefits an injured worker may receive — meaning high-wage earners may not even receive two-thirds of their pay.
- Medical benefits: Injured workers are also entitled to receive necessary medical care directly linked to their work-related injury or illness.
- Death benefits: If a worker dies from a work-related accident, then his or her family will be entitled to death benefits, which can vary depending on the circumstances.
New York Workers’ Compensation Claims
Were You Injured At Work? Get ALL Of The Compensation You Deserve.
If you are seriously injured in a workplace accident, every aspect of your life is affected. Your income has stopped because you are unable to work, medical treatment and pain can keep you from engaging in normal life activities, and you may feel helpless and depressed.
Why You Need To Talk To A Construction Accident Lawyer
Most injured construction workers turn to a New York workers’ compensation lawyer for help right after an accident. Unfortunately, many New York workers’ comp lawyers do not analyze potential injury claims correctly or comprehensively. This means that if you are injured while working a construction job, you may not get all the compensation to which you are entitled.
At the New York City construction accident law firm of Edelman & Edelman, P.C., we frequently talk to construction workers — just like you — who are entitled to much more compensation after a workplace accident than a workers’ compensation claim can provide. You may have a valuable claim under laws that were drafted specifically to protect injured New York construction workers.
The New York Labor Law provides special protections to construction workers who are injured on the job. Unfortunately, if you hire a New York workers’ compensation attorney before talking to us, it may be too late to get you the compensation you deserve.
Don’t Hurt Your Chances For A Full Recovery. Talk To Us First.
It is important to talk to our New York City construction accident lawyers before you begin the workers’ compensation claim process. New York’s construction safety laws may provide you with far more compensation than a workers’ compensation claim can. We’ve recovered millions for our clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
How Are Labor Law And Work Comp Benefits Different?
If you start the workers’ compensation process first, your rights to additional compensation under New York labor law may not be preserved. Here’s how the two types of cases are different:
- Pain and suffering: Workers’ compensation claims do not compensate you for any pain or suffering. A labor law claim takes into account what you went through immediately following your accident as well as what you may suffer for the rest of your life.
- Lost wages: Workers’ comp benefits only pay up to about 66 percent of your lost wages based on your average weekly income from the past calendar year. If your normal income as a construction worker is high, you may not be able to collect even that much. Personal injury claims can help you recover 100% of your lost earnings, plus future earnings you lost due to the accident.
- Continuing medical expenses: Once a workers’ comp claim is settled, your rights to continued medical treatment will be extremely limited or cut off completely. A personal injury claim can provide you with a lifetime of continuous and unlimited medical care.
- Benefits running out: Many workers’ compensation benefits end within a few years of an accident. Personal injury claims may allow you to obtain compensation for the rest of your life.
You can have both your personal injury and workers’ compensation cases going through the claims processes at the same time, but they MUST be coordinated. If the two attorneys for each case are not working together to get you the best outcome and if these two types of claims are not properly coordinated, both cases could be easily and adversely affected.
What NOT To Do After A Workplace Accident Or Injury
Don’t ignore your personal injury claim: While a New York workers’ comp lawyer may say your claim isn’t worth much, you may have a valuable personal injury claim.
Don’t accept less than you are owed: Many workers’ comp benefits run out after just a few years. Other types of claims can take care of you for the rest of your life.
Don’t be a victim twice: Avoid common mistakes made by injured construction workers such as:
- Accepting a Section 32 settlement: This type of settlement requires you to state to the workers’ compensation judge that you need no future care. Unfortunately, settling your future workers’ compensation claim for an immediate lump sum payment may keep you from collecting compensation from a potential personal injury case.
- Settling too quickly: Don’t settle because you need money now. We will set you up with a funding company that can help you with your immediate cash needs so you afford to wait for a larger payout on your case.
- Ignoring a valuable personal injury claim: Talk to one of our attorneys before talking to a work comp attorney to learn about all of your options.
- Selling out on your future rights to compensation: Litigating or negotiating the amount of lifetime medical benefits or lost wages with a New York workers’ compensation lawyer. You may be entitled to a lifetime of care and income.
- Settling for thousands of dollars when you may be entitled to millions.
Causes of NYC Construction Accidents
With all the construction projects in NYC, there are numerous construction accidents that occur each day. We have listed a number of causes of construction accidents below. If you have been injured in a construction accident, contact our lawyers today for a free case evaluation. Our attorneys will help get you the results you need to recover from your injuries.
Top 4 Causes Of Construction Accidents
Working in construction can be very dangerous, especially when you consider all of the hazards these workers must face on a daily basis — ranging from toxic chemicals and live wires to large machinery and poorly erected scaffolding.
However, while you can probably find countless dangers on any given construction site, most construction-related deaths can be attributed to just four causes, which the Occupational Safety and Health Administration (OSHA) has dubbed the “Fatal Four”:
- Falls: Even though the numbers can fluctuate from year to year, falls often account for nearly 40 percent of construction worker deaths annually.
- Struck/hit by objects: This is another major contributor to construction worker fatalities and includes instances in which workers are hit by heavy equipment or struck by falling objects.
- Electrocutions: While not as common as the two hazards above, it is still a serious concern for construction workers.
- Caught-between/in accidents: Essentially, these types of accidents involve situations in which workers become trapped or compressed by machinery or objects, or when they are caught or crushed by equipment, materials or collapsing structures.
Even though the lives of literally hundreds of construction workers could be saved every year if these dangers were eliminated, the sad reality is that they probably aren’t going anywhere — especially on construction sites in which contractors and property owners blatantly ignore safety regulations.
What Are My Legal Rights? Is There Anything I Can Do?
If you have suffered a serious injury or a family member has been killed in a construction-related accident, it is important to remember that you may have several legal options available besides workers’ compensation.
In fact, you may be able to file a claim using one of New York’s many labor laws, including Labor Law Section 241 and Section 240, which is otherwise known as the Scaffolding Law.
However, this process can be quite complex, which is why you should always contact one of the experienced catastrophic injury attorneys at Edelman & Edelman, P.C., before simply seeking workers’ comp. We understand what it takes to maximize your recovery, so call us today at 212-235-1197 to schedule your free consultation. You can also reach us online.
We encourage you to read more about the firm and review the many successes our New York City lawyers have had over the years. Quite simply, you cannot afford to entrust your case to anyone else.
What Are The Most Common Injuries In Construction?
The construction industry is as complex as dangerous for workers and personnel involved. Although many institutions are fighting hard to make construction safer and regulate operations, accidents still occur. According to OSHA statistics, 2.8 workers out of 100 were injured in 2019.
Types of injuries may vary. However, it is essential to have the proper medical attention and follow-up regardless of the damage resulting from the injury.
Construction accidents are commonly grouped in what is known as the “fatal four hazards,” which are as follows:
- Falls: This group includes falls from ladders, scaffolds or high structures, which might lead to injuries such as broken arms, wrists, legs, ankles, head, back or spinal cord injuries.
- Struck-by objects: This includes heavy objects such as building material falling on a worker or the worker being struck by heavy equipment like cranes. Depending on the object type, injuries may range from bruises or cuts to traumatic brain injuries or death.
- Caught-in or -between objects: Accidents might occur during excavations while being pulled into, crushed by or compressed between machinery or two or more objects. Broken bones, blunt trauma, skull fractures, internal organ damage, amputation of limbs, or paralysis are common injuries associated with this hazard.
- Electrical exposure: The unintentional contact with high-voltage pieces of unprotected equipment or electrical lines may lead to severe burns, damage to soft tissue, cardiac arrhythmias, damage to internal organs, respiratory arrest or death.
In most cases, workers injured at construction sites are entitled to workers’ compensation to cover medical bills and lost wages. However, you might also find answers to your concerns and questions about compensation with a knowledgeable and experienced lawyer.
Fighting For Maximum Compensation
The attorneys at Edelman & Edelman, P.C., are prepared to listen to your case and pursue maximum compensation and seek justice. Schedule a free consultation with our knowledgeable and compassionate lawyers to get an honest evaluation of your case. We have helped our New York clients with complex construction accident cases. Call 212-235-1197 or send us an email via our online contact form to schedule your consultation.
Aerial Lift Accidents
The New York Labor Law holds contractors accountable when a worker suffers a gravity-related injury. Construction workers who are injured in aerial lift accidents frequently find it difficult to obtain fair compensation because their injuries occur while they are in the basket of the lift, and gravity doesn’t always come into play.
At Edelman & Edelman, P.C., we represent New York City construction workers in civil liability claims against aerial lift manufacturers, such as JLG Industries, Inc., in all types of aerial lift injury cases, including several where labor laws do not apply. We have succeeded where other NY lawyers said there was no claim, and our precedent-setting work in these matters has been recognized across the country.
Skillful Representation From Respected New York City Construction Accident Lawyers
Aerial lift accidents frequently involve some unique elements not found in crane accidents or incidents involving other types of equipment. In some cases, injuries occur when workers are catapulted upward due to forced energy in the aerial lift that releases the basket after the controls have been disengaged. This can result in the worker being ejected from the basket or launched into a ceiling or the underside of a bridge.
We have represented workers and families in aerial lift accident claims arising from a variety of causes. We have a deep understanding of how these machines operate and the types of injuries that can happen due to any cause, including equipment malfunction and operator error, among others. We look closely at the unique facts of every case in order to present the strongest possible argument in support of your claim for damages.
Seeking Maximum Compensation For Your Injuries
The injuries that can happen in an aerial lift accident can be extremely complex and difficult to identify. There are times when we may not know the extent of your injuries or the true value of your claim until we fully get into the case. Our NY construction accident attorneys are prepared to make the commitment to take as much time as is necessary and allocate whatever resources are needed to secure the best outcome available for your case. Our construction accident lawyers represent injured workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
Construction crews performing work at substantial heights typically need a crane at some stage of the project. A crane is a complex piece of machinery that requires a great deal of care in all aspects of loading, operating and unloading. When negligence contributes to a crane accident that results in serious injuries to workers, they have the right to be fully compensated for their medical care, loss of income and other damages.
Depending on the circumstances surrounding the accident, the general contractor, subcontractors and others may all be held accountable in these matters. Identifying the negligent parties can be quite difficult, and most will attempt to place the blame on someone else. It is critical that you have a skilled attorney who understands crane accidents and can get to the truth so you receive the compensation you deserve.
Strong Representation For Injured New York City Construction Workers
At Edelman & Edelman, P.C., we focus our construction injury practice on helping workers who have been injured on the job. We have successfully represented countless workers in a wide variety of crane accident claims. Whether your claim falls under the New York Labor Law or third-party liability, we are prepared to provide the representation necessary to secure the best outcome available for your claim.
We have experience resolving all types of crane accident claims, including those involving the following:
- Improper loading and unloading, including overloading and dropped loads
- Lift mechanism failures
- Negligent operation, including counterweight crush injuries
- Insufficient training and negligent hiring
- Negligent or improper crane maintenance
Unwavering In Our Pursuit Of Maximum Compensation
Our NYC lawyers are not afraid to take on complex cases. In fact, it’s all we do. We thrive on challenges, and we welcome any opponent who cares to attempt to outwork, outmaneuver or outspend us. Once we commit to a construction accident case, we will not be deterred in our efforts to secure the most comprehensive award available for your claim.
Failure To Provide Vertical Passage
General contractors have a legal duty to provide a safe means of passage such as ladders, stairways and elevators between levels of a construction site. Temporary ramps built with spare beams or planks and other stopgap measures do not provide the reliability or safety required under the law.
Workers who are injured because of a general contractor’s failure to provide vertical passage have the right to receive fair compensation. These cases are very fact-specific, and the assistance of a reliable construction accident lawyer can help to ensure that the construction worker’s rights are protected.
Respected New York City Construction Accident Attorneys Fighting For You
At Edelman & Edelman, P.C., we have decades of experience representing construction workers in complex job site injury claims. We have an in-depth knowledge of the New York Labor Law and OSHA violations, and we know how to manage vertical passage cases to a favorable outcome. If you have suffered a serious injury while working on a construction site, you can rely on us for skillful, strategic representation.
Our construction accident lawyers are prepared to represent you in any type of claim involving the failure to provide vertical passage. We have seen cases where the ladders being used on the construction site were not tall enough to provide safe movement between levels and makeshift structures that clearly fell short of the constraints of the law.
Presenting Your Case In A Way That Achieves Maximum Compensation
Most jurors are not doctors, and most have likely never suffered an injury like yours. As such, they cannot appreciate the impact your injuries will have on your ability to work and live a normal life. Nor do they understand the suffering you have endured or the care and compensation you will need to recover. Our New York construction lawyers present complex information about your injuries in easily understandable language and use state-of-the-art visuals so jurors have a clear understanding of your injuries and needs for recovery.
Despite state and federal regulations designed to protect workers from falling debris, injuries related to this very cause continue to happen with alarming regularity. General contractors can be held accountable when the failure to take the necessary precautions leads to serious injuries to workers.
If you have been injured by a falling object or piece of debris while working on a construction site, you have the right to seek compensation for your medical care, your loss of income and any other losses you may suffer as a result of your injury. Enlisting the help of a qualified New York City attorney can help to ensure that you receive the full measure of compensation available for your claim.
We obtained $35 million in damages for a client who suffered severe brain injuries and paralysis after he was hit by falling concrete while working on an elevated subway trestle rehabilitation project. The debris barrier being used on the site was not properly installed and was insufficient to contain the falling cement as it was removed from the trestle.
Choose The NYC Law Firm Known For Obtaining Outstanding Results
At Edelman & Edelman, P.C., our NYC accident lawyers represent construction workers who suffer serious injuries on the job. We understand the types of injuries that can happen in these accidents, and we know what type of care is required to help victims recover. We work tirelessly to obtain maximum compensation in every case and work to ensure that your current and future needs are fully accommodated.
A one-pound object dropped from a height of 100 feet hits the ground at a speed of more than 50 miles per hour. A person who is hit by such an object can suffer serious injuries, and an impact to the head could easily be fatal. We know how falling object injuries occur, and we know how to present a compelling case in pursuit of full compensatory damages.
Falls From Heights
In New York City, construction workers can find themselves working on projects ranging from single-story structures to massive skyscrapers. A fall from any substantial height can result in life-changing or even fatal injuries. General contractors are required to take specific measures to keep workers safe from falls, and any failure to do so can create grounds for a liability claim.If you were injured in a fall that occurred due to a hazard on the job site, you should seek the advice of an experienced New York City construction injury attorney immediately. General contractors will take decisive action to protect their own interests in these matters, and you should do the same. At Edelman & Edelman, P.C., our construction accident lawyers represent construction workers in a broad range of claims involving work-related falls from heights.
We represented the family of a painter who fell to his death because he was not provided with adequate safety equipment while working on a bridge rehabilitation project. Our attorneys obtained $5 million in damages for his surviving family members.
Strong Representation For All Types Of NYC Construction Site Fall Claims
Our founding attorney, Martin Edelman, is known throughout the New York legal community for his knowledge of the injuries that can occur in construction site falls. Our firm has represented workers in cases involving all types of injuries, including traumatic brain injuries (TBI), neck injuries, back and spinal cord injuries, broken bones and fatal falls.
We have experience representing construction workers in cases involving falls from heights that arise from any cause, including:
- Failure to provide sufficient protective equipment
- Unmarked or uncovered holes and trenches
- Gaps in flooring
- Scaffolding falls
- Ladder falls
We Will Not Stop Fighting Until We Have The Best Possible Outcome In Hand
Our NYC construction accident attorneys put all of the firm’s resources behind the success of your case. We dig in and do the work that is necessary to put forth a compelling case on your behalf. We will not recommend any settlement offer unless we feel that it represents the best outcome available for your claim. If an acceptable settlement cannot be negotiated, we will take the case to trial.
Talk To A NYC Lawyer About Your Construction Site Fall
Do not wait to seek legal representation if you have been seriously injured in a job site fall. Our NY construction accident law firm offers a free initial consultation where you can discuss your case with an attorney without obligation. You can reach us by phone at 212-235-1197 or contact us via email to schedule an appointment. Our New York lawyers represent injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
Holes And Trenches
Holes and trenches on a construction site can present significant hazards for workers. There are strict state and federal guidelines in place to protect worker safety. Falls into holes or trenches, trench collapses and other issues can lead to serious injuries, and it is the general contractor’s responsibility to see that all necessary precautions have been taken.
If you or a loved one has been seriously injured in a construction site accident, it is important that you have an experienced New York City attorney representing you at all times. General contractors and their insurance companies will go to great lengths to avoid responsibility for these claims, and having the right legal representation will help to ensure that your rights are protected.
Aggressive Representation For Injured New York City Construction Workers
At Edelman & Edelman, P.C., our lawyers handle accidents involving trench- and hole-related injuries arising from any cause. We also have experience with excavation accidents and injuries related to the improper use of concrete forms and shores. No matter how your injuries occurred or what the circumstances surrounding your accident may have been, we will do everything in our power to see that you are fairly compensated for all your losses.
We have the experience, the skill and the resources to investigate your case and obtain the evidence necessary to secure maximum compensation for your claim. Attorney Martin Edelman has a great deal of knowledge regarding the types of injuries that can occur on construction sites and regularly uncovers injuries that were missed in the doctor’s initial examinations.
Ladder And Scaffolding Injuries
Ladders and scaffolding are essential components of nearly every construction project in New York City. Properly maintained and operating equipment is necessary not only for getting the job done, but also to ensure the safety of the workers who use it. When insufficient or malfunctioning ladders and scaffolding result in serious injuries, general contractors, subcontractors, equipment suppliers and others can and should be held accountable.
If you have been seriously injured in any type of ladder or scaffolding accident, it is important that you have a qualified attorney representing you from the outset. At Edelman & Edelman, P.C., we have been representing injured New York City construction workers for nearly 60 years. Our construction accident attorneys handle injuries involving scaffolding falls and ladder falls, including those arising from faulty equipment and the failure to provide sufficient protective gear.
Ladder Fall Injury Claims
Ladder falls can arise due to a number of different issues. In some instances, the ladder may malfunction and collapse unexpectedly. In others, it is possible for the ladder to fall because it was not set up properly. We take the time to accurately identify the cause of the accident so that we can present the strongest possible argument on your behalf.
We represented a victim in a scaffolding fall case involving a general contractor’s failure to provide sufficient scaffolding and safety harnesses. Our client fell 40 feet and suffered multiple severe injuries. We recovered $1.85 million on his behalf.
Scaffolding Accident Claims
Scaffolding falls can occur in situations where the scaffolding has been assembled improperly or with mismatched or worn-out parts. There have also been a number of cases where the scaffolding was not properly secured or simply was not sufficient to hold the weight of the equipment and personnel necessary to get the job done.
We Put Ourselves On The Line For You
We have a well-earned reputation for the lengths we will go to in our preparation of a case. We use state-of-the-art illustrations to clearly communicate your injuries to a jury so the members have a complete understanding of your suffering and the recovery process you are facing. We are not in the business of short-changing our clients, and we are not in the business of quitting. Once our New York construction accident lawyers take on your case, you can count on us to put all of the resources at our disposal behind winning your case.
Power Tools And Electrical Injuries
Despite the legally required safety precautions governing power tools and electricity on a construction site, workers continue to suffer serious injuries at an alarming rate. Whether due to an equipment malfunction or negligence on the part of the general contractor or a subcontractor, construction workers who are injured on the job have the right to seek full and fair compensation for their medical care, rehabilitation and loss of income.
The injuries that occur in these cases can be life-changing and may impact the victim’s ability to ever work again. If you are suffering because of injuries sustained in an electrical or power tool accident, it is important that you seek the advice of a qualified New York City construction lawyer who knows the law and has the ability to protect your future.
Our NY attorneys obtained $2.25 million for an electrician who suffered such a severe electrical shock that he was thrown from his ladder. The fall resulted in two dislocated shoulders as well as injuries to his right knee, neck and back — all of which required multiple surgeries.
Strong Advocates For Injured NY Construction Workers
At Edelman & Edelman, P.C., we have extensive experience representing workers in cases involving all types of electrical and power tool injuries. Our NYC construction worker accident attorneys have handled claims against general contractors, subcontractors, equipment manufacturers and others who have contributed to the accidents that cause injuries to construction workers.
We are prepared to represent you in any type of claim, including:
- Power tool injuries, including nail guns, jackhammers, electric saws or drills
- Defective power tools
- Power tools that have been modified to bypass safety features
- Electrical injuries due to a failure to cut power to a designated area of the site
- Electrocutions resulting in the death of a worker
We Will Be There With You From Start To Finish
We understand how difficult it can be for you to obtain the medical care and financial support you need following a job site injury. This can be especially true when you don’t understand your rights. General contractors and their insurance companies are only concerned with protecting their own interests in these matters. We will be there with you at every step of the process, and we will do whatever is necessary to obtain maximum compensation for you.
Construction Worker Representation
Our construction accident law firm represents injury construction workers throughout New York state, including Brooklyn, Queens, the Bronx, Manhattan, Staten Island, and Long Island. We represent union construction workers and undocumented workers. If you have been injured in a construction accident, our lawyers will get you the results you need to recover from your injuries. Contact us today for a free injury consultation.
Union Worker Construction Accidents
Even Union Workers Are Sometimes Injured In Construction Accidents
Despite the fact that union construction workers often have more training and experience than other construction workers, they are not immune to injuries in the workplace. After all, they still have to deal with dangerous situations on a daily basis, regardless of the fact that they are union members.
For instance, when construction workers fall while working on ladders or high atop scaffolding, gravity certainly doesn’t care if they are union workers or not — meaning they will suffer injuries just like everyone else. Fortunately, however, union construction workers — like all other construction workers — may have various legal options at their disposal should they ever be injured at work.
If you are an injured union construction worker in New York, and you would like to learn what legal options are available following a work-related injury, contact Edelman & Edelman, P.C., at 212-235-1197. You can also reach us online. Union contracts can sometimes complicate legal matters, so you most definitely want one of our knowledgeable personal injury attorneys by your side. Our NY lawyers represent injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
There Is No Substitute For Experience — And Our Results Prove It
Attorney Martin Edelman, with his nearly 40-year legal career, is regarded as one of the preeminent construction accident lawyers in New York. Mr. Edelman and his team of experienced lawyers have successfully obtained many multimillion-dollar verdicts and settlements for our clients over the years, including a $5 million recovery for a union bridge painter who suffered a fatal fall because he was not provided with proper safety equipment.
Our NYC Lawyers Will Do Everything Possible To Maximize Your Compensation
No matter whether you are a union construction worker or not, our goal is the same: Our NYC lawyers want to maximize your recovery. In order to accomplish this, we will explore and review every legal option available.
For instance, while some firms focus solely on workers’ compensation, we are always looking for possible third-party claims, including claims related to New York’s Scaffolding Law. In many cases, these third-party claims provide significantly larger recoveries than workers’ comp — although if you want to seek both a third-party claim and workers’ comp, the two cases need to be coordinated, which we can also help with.
Construction Accidents Suffered By Undocumented Workers
Representation For Undocumented Workers
Undocumented construction workers may be among the most vulnerable workers in New York. They do not enjoy the protections that union members receive, and they are often lied to about their rights as undocumented workers. The truth is that all construction workers — citizens and noncitizens alike — have the right to be compensated when they are injured due to another party’s negligence. We have obtained outstanding results for workers from Mexico, Venezuela, Poland, Pakistan and other locations.
Can Undocumented Workers Seek Damages Following Construction Accidents?
It is a scenario that plays out often in New York City: An undocumented worker is injured while working construction, but he or she is too afraid to report the injury. Some are so scared of possible deportation that they won’t even go the hospital to treat their injury — let alone speak to an attorney to see what legal options may be available.
Well, we are here to tell you that you don’t have to be afraid to talk to our New York City lawyers following a construction accident. Regardless of what your employer or supervisor may be telling you, the truth is that all injured construction workers have rights in New York no matter their citizenship — meaning even undocumented workers may be able to collect compensation for construction-related injuries.
Are You An Undocumented Worker? Were You Injured At Work?
Why Edelman & Edelman, P.C.?
We know you may be frightened, but there are many reasons why you should call our NY lawyers after a construction accident:
- We have the experience you need: Not only does Martin Edelman have nearly four decades of legal experience — making him one of New York’s preeminent construction accident attorneys — but the lawyers of Edelman & Edelman, P.C., have obtained favorable results for injured workers from all corners of the globe, including Mexico, Poland, Pakistan and Venezuela.
- We will help coordinate with an immigration lawyer: We understand that the legal system can be intimidating, especially for undocumented workers, which is why we will do everything we can to ease your fears — even if that means we need to bring in an immigration lawyer. We can even coordinate with an immigration attorney to come into our office so you can speak with them firsthand.
- We will continue to fight your case, no matter what: Even if you think you are not going to be in the United States much longer, you can still file an injury claim — and that claim can continue even after you leave the country, regardless of whether you leave voluntarily or are deported. In some cases, we recommend videotaping depositions of our immigrant clients just in case they are no longer in the U.S. when the trial actually takes place.
You don’t have to live in fear any longer. Contact us today and let us help enforce your rights. Our NYC lawyers represent injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
New York City Construction Accident Statistics
In terms of on-the-job fatalities, construction is consistently the most dangerous industry for workers in New York City. According to the most recent data from the Bureau of Labor Statistics, more than a quarter of all workplace fatalities involved construction workers – the highest percentage of any industry reported.
Most Common Causes Of Construction Accidents In New York City
Within the construction industry, there are four causes of construction accidents that the Occupational Safety and Health Administration (OSHA) refers to as the “fatal four.” These four causes constitute the overwhelming majority of all construction accidents and include:
- Being struck by an object
- Getting electrocuted
- Getting caught in or between objects
Of these four, falls make up the bulk of fatal accidents in New York City. According to the City of New York, falls make up 58% of fatal accidents. Falling off of scaffolding was the leading cause, followed by ladder falls and roof falls.
Being crushed or struck by an object was the second most common cause of fatal injuries, making up 32% of all fatal injuries.
Many of these accidents directly correspond to the leading OSHA violations in the construction data. From October 2020 to September 2021, the most common causes for a federal OSHA violation nationally are:
|Failure to have fall protection||
|General safety requirements||
|Eye and face protection||
Types Of Injuries Suffered
The types of injuries that construction workers may suffer during construction accidents largely depend on what the underlying accidents were. That said, the following are some of the most common injuries we see when working with our clients:
- Amputated limbs
- Broken bones
- Burns from fire or electrocution
- Eye or vision injuries
- Fatal injuries
- Hearing loss
- Head injuries or traumatic brain injuries
- Post-traumatic stress disorder (PTSD)
- Spinal cord injuries
Contact Our NYC Construction Accident Lawyers To Discuss Your Case
We excel at complex construction injury litigation. Please contact our office to discuss your injury with one of our New York construction accident attorneys. We invite you to schedule a no-obligation initial consultation where you can get your questions answered and learn more about how we can help you. You can reach us by phone at 212-235-1197 or contact us via email to arrange an appointment.