New York City Construction Accident Lawyers

Protecting The Interests Of New York City 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. Our construction accident law firm represents injured construction workers throughout New York state, including Brooklyn, Queens, the Bronx, Manhattan, Staten Island and Long Island.

Strong Representation In All New York City Construction Accidents

Why Hire Edelman & Edelman, P.C.

Our 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 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

If you’ve suffered an injury in a construction accident, you need a skilled construction accident law firm who will fight to get the compensation you deserve. Contact us at 212-235-1197 or by emailing us to see how we can help. Our case results speak for themselves.

Our Proven Track Record

Edelman & Edelman, P.C. has a proven track record of achieving exceptional outcomes in challenging construction accident cases, securing over $600 million for our clients. Discover their stories and explore our notable verdicts and settlements below.

• $19.686 Million Settlement: Awarded to a construction worker in his 30s who sustained fatal burns covering 80% of his body due to an arc flash during electric cable replacement, highlighting a violation of safety laws in Kings County, NY.
• $35 Million Settlement: Secured for a 27-year-old construction worker who was severely injured by falling concrete that breached safety netting, resulting in severe brain and spinal injuries and partial paralysis.
• $5.8 Million Settlement: Obtained for a 49-year-old worker injured by a 10,000 lbs gantry crane that rolled over his foot on the roof of the Jacob K. Javits Convention Center, causing extensive injuries to his foot, ankle, knee, spine, shoulder, and elbow.

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.

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
• Lacerations
• Paralysis
• Post-traumatic stress disorder (PTSD)
• Spinal cord 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.

Section 240: New York’s Scaffolding Law

Section 240, New York’s Scaffolding Law is one of the best worker protection laws in the country.

Essentially, the New York 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 two things you need to know about the Scaffolding Law:

• It applies to more than just scaffolding: While 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.
• 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.

While many construction workers are well-familiar with New York’s Scaffolding Law (Section 240), it is important to remember that there is actually another New York law that also helps protect the safety of those working on construction sites. Otherwise known as Section 241.

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 Scaffolding Law. Essentially, Section 241 is an all-encompassing safety law for each and every construction worker.

While Section 241 contains several provisions, one of the most important provisions 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 additional protections to those who work in the dangerous industries of construction, demolition and excavation.

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.

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.

What Is My Next Step After A Construction Accident?

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 New York City construction law firm represents injured workers throughout Manhattan, Brooklyn, Queens, the Bronx and Staten Island. You can reach us online or by phone at 212-235-1197.

Edelman & Edelman, P.C. – We Will Pursue Maximum Compensation For You

At Edelman & Edelman, P.C., our New York City 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 not explore your legal options with a law firm that focuses on third-party personal injury claims. Contact our firm today at 212-235-1197 or by filling out our contact form to discuss your case

What NOT To Do After A Workplace Accident Or Injury

Don’t accept less than you are owed. Avoid common mistakes made by injured construction workers such as:

• 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 can afford to wait for a larger payout on your case.
• Ignoring a valuable personal injury claim: Talk to one of our attorneys to learn about all of your options.
• Settling for thousands of dollars when you may be entitled to millions.

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% 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.

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:

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.

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.

Aerial Lift Accidents

New York 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. We have succeeded where other New York lawyers said there was no claim, and our precedent-setting work in these matters has been recognized across the country.

Construction Crane Accidents

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 New York construction accident lawyer 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 state 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

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.

Falling Objects At Construction Sites

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.

Falls On Construction Sites

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.

Injuries From 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.

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.

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 New York 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.

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.

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 any other claim process. We’ve recovered millions for our clients throughout Manhattan, Brooklyn, Queens, the Bronx and Staten Island. Give us a call at 212-235-1197 or by contacting us online.

New York City Construction Accidents FAQ

“Should I contact a New York construction accident lawyer 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 personal injury law.

What is a personal injury claim in New York state?

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 your potential rights in filing a third-party personal injury claim.

• 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 New York laws designed to protect construction workers, including Section 240 (the Scaffolding Law) and Section 241.

What can a third-party personal injury claim do?

A third-party claim may be able to accomplish some of the following for construction accident victims:

• Third-party claims allow construction accident victims to seek 100% of their lost wages (including future lost wages).
• Third-party claims allow construction accident victims to seek damages for pain and suffering.
• Third-party claims allow construction accident victims to seek compensation to cover all medical expenses related to the construction accident for life.

Can you sue your employer for work-related injuries?

While many injured workers would like to sue their employers, New York law typically bars employees from suing their bosses following a work-related injury.

Can I pursue a third-party claim for my construction injury?

You should know that just because you normally cannot sue your employer doesn’t mean you don’t have other legal options available, 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 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.

In many cases, victims of construction accidents may be able to recover significantly more through a third-party claim – although you need an experienced attorney on your side to make sure you do things right.

What Are My Legal Rights After A Construction Accident In New York?

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.

In fact, you may be able to file a claim using one of New York’s many laws designed to protect construction workers, including 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. 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. Call us today at 212-235-1197.

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. We have obtained outstanding results for workers from Mexico, Venezuela, Poland, Pakistan and other locations.

We know you may be frightened as an undocumented immigrant, but there are many reasons why you should call us 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.

Contact Edelman & Edelman, P.C., To Discuss Your Construction Accident 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.

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