Construction work helps shape New York City—its iconic skyline, bustling streets, and growing communities. But construction sites are some of the most dangerous workplaces. If an accident injures you or a loved one, you’re likely feeling overwhelmed and uncertain about the future. A workplace injury affects your health and livelihood.
At The Perecman Firm, our New York construction accident lawyers know how devastating these accidents can be for workers and their families. While you focus on recovering, we focus on securing the compensation you deserve and holding those at fault accountable.
Who Might Find Themselves Injured at a Construction Site?
Construction accidents don’t just harm workers. While laborers, electricians, and other tradespeople face the highest risks, visitors to the site—such as inspectors, delivery personnel, and even pedestrians walking nearby—can also suffer serious injuries.
The risks are especially significant for workers due to the nature of their duties. Tasks like operating heavy machinery, working at heights, and handling hazardous materials inherently involve dangers. Even with safety protocols, unforeseen circumstances can lead to catastrophic accidents.
Site visitors also face considerable risks. Inspectors, architects, and contractors often navigate active construction zones, where uneven terrain, exposed wiring, or falling debris can lead to serious harm.
Delivery personnel bringing materials to the site may encounter unsecured areas or poorly marked hazards, increasing their vulnerability to accidents.
Though removed from the direct work environment, construction-related dangers can still harm pedestrians and bystanders. In urban areas like New York City, construction zones are often adjacent to busy sidewalks and streets.
Falling objects, collapsing scaffolding, or vehicular accidents involving construction equipment can threaten those simply passing by. Construction sites may draw children in particular, putting them at an even greater risk of injury.
Whether you are a worker or a bystander, you can seek justice if someone’s negligence caused your injury.
What Types of Injuries Occur in Construction Accidents?
Construction accidents often result in:
- Traumatic brain injuries (TBI): From falling debris or slips and falls.
- Spinal cord injuries: These can cause paralysis and other life-altering conditions.
- Fractures and broken bones: Common in falls or equipment malfunctions.
- Burns: Resulting from electrical hazards, fires, or chemical exposure.
- Amputations: Often caused by heavy machinery or catastrophic crush injuries.
- Wrongful death: Tragically, construction accidents sometimes lead to fatalities, leaving families grappling with immense emotional and financial losses.
These injuries can lead to lifelong medical challenges, emotional trauma, and mounting expenses. When this happens, The Perecman Firm stands ready to fight for the compensation you need to rebuild your life.
How Do Construction Accidents Happen?
Construction accidents occur for a variety of reasons.
While each case is unique, some common causes include:
- Safety violations: Ignoring Occupational Safety and Health Administration (OSHA) regulations often leads to preventable accidents.
- Lack of fall protection: Falls are the leading cause of construction site injuries, often due to inadequate safety harnesses or guardrails.
- Faulty equipment: Defective or poorly maintained machinery can fail, causing injuries.
- Inadequate training: Workers who aren’t properly trained on safety protocols or equipment usage face greater risks.
- Poor site management: Accidents become more likely when supervisors fail to enforce safety standards.
- Falling objects: Tools, materials, or debris can fall from heights, striking workers or passersby.
When worker protections are ignored or unsafe practices are allowed to continue, the risk of injury skyrockets. Identifying what caused your accident can determine liability. A seasoned personal injury attorney with experience handling construction accident injury claims can do this for you.
Common Safety Violations at Construction Sites
Construction sites must comply with stringent safety regulations, yet violations remain frequent. OSHA’s construction safety standards are designed to mitigate risks, but failure to adhere to them often leads to serious injuries or fatalities.
Some of the most frequently violated OSHA standards include:
- Fall protection: Many construction sites lack adequate fall protection systems such as guardrails, safety nets, or personal fall arrest systems. Falls remain the leading cause of construction-related deaths.
- Hazard communication: Workers often handle hazardous chemicals without proper labeling or safety data sheets, increasing the risk of chemical burns or poisoning.
- Scaffolding safety: Improperly constructed or unsecured scaffolding can collapse, putting workers and bystanders at risk.
- Ladder safety: Portable ladders that are defective or used improperly can lead to falls or structural failures.
- Respiratory protection: Workers exposed to dust, fumes, or other airborne hazards without adequate respiratory protection face long-term health risks, including lung disease.
- Electrical hazards: Exposed wires, improper grounding, and a lack of lockout/tagout procedures can result in severe electrical burns or shocks.
The repercussions of these violations are devastating. Workers may suffer catastrophic injuries that require extensive medical treatment, rehabilitation, or lifelong care.
Families may lose their primary breadwinner, creating significant financial and emotional strain. By addressing these violations in legal claims, injured workers and their families can seek accountability and compensation.
Laws and Regulations Protecting Construction Workers in New York
New York has specific laws designed to protect construction workers, including:
- Labor Law §§240 (Scaffold Law): Property owners and contractors are strictly liable for gravity-related accidents, such as falls or falling objects, when proper safety equipment is not provided.
- Labor Law §241: Requires construction sites to comply with detailed safety standards to protect workers.
- Labor Law §200: Mandates safe working conditions and applies broadly to most construction activities.
In addition to OSHA regulations that set national standards for construction site safety, these laws provide important protections. However, pursuing a claim often requires focused legal knowledge.
A skilled construction accident attorney understands how New York labor laws can further support your claim if violations contributed to your accident.
The Role of Insurance Companies in Construction Accident Claims
Insurance companies play a significant role in construction accident claims. Their involvement can either streamline the process or create additional challenges for injured victims. While insurance is meant to provide financial protection, it is important to understand that these companies often prioritize their bottom line over an injured worker’s well-being.
Challenges Posed by Insurance Providers
- Denial of Claims: Insurance companies may deny valid claims, arguing that the injury was pre-existing or not work-related.
- Delays in Payment: Victims often face unnecessary delays in receiving compensation, which can exacerbate financial stress.
- Low Settlement Offers: Insurers frequently offer settlements far below the claim's actual value, hoping victims will accept to avoid prolonged negotiations.
- Complex Policies: Construction accident policies are often complex, with vague terms and conditions that can confuse victims trying to understand their coverage.
When insurers act in good faith, they can expedite the claims process by promptly covering medical bills and lost wages. This allows injured workers to focus on recovery without the burden of mounting expenses. Unfortunately, this is not often the case.
How a Lawyer Strengthens Your Claim
An experienced construction accident lawyer can significantly strengthen your claim when dealing with insurance companies.
A lawyer can:
- Negotiate Fair Settlements: Attorneys understand the true value of your claim and can push back against lowball offers.
- Gather and Present Evidence: Your lawyer will compile the necessary evidence, such as medical records, safety violations, and eyewitness accounts, to support your case.
- Handle Communication: Lawyers handle all interactions with the insurance company, ensuring that nothing you say is misinterpreted or used against you.
- Litigate When Necessary: If the insurance company refuses a fair settlement, your lawyer can take the case to court to seek justice.
Insurance companies have vast resources and legal teams working to minimize payouts. Hiring a skilled lawyer levels the playing field and protects your rights.
Who Might Cause a Construction Accident?
In many cases, multiple parties may share responsibility for a construction accident, including:
- General contractors and subcontractors: Responsible for maintaining a safe worksite.
- Property owners: Required to address known hazards on their premises.
- Equipment manufacturers: Liable for injuries caused by defective tools or machinery.
- Third-party vendors: Delivery companies or maintenance crews who contribute to unsafe conditions.
- Other workers: If negligence by another employee caused the accident.
A skilled lawyer can investigate your case, identify all liable parties, and pursue maximum compensation on your behalf.
What Claims Can You File After a Construction Accident?
After a construction accident, you may have several options for seeking compensation:
Workers’ Compensation Claims
Most injured workers will begin by filing a workers’ compensation claim. This provides coverage for medical bills and a portion of lost wages, regardless of who was at fault. However, workers’ compensation does not cover pain and suffering.
Personal Injury Claims
If a third party’s negligence caused your accident, you may be able to file a personal injury lawsuit. This allows you to pursue broader compensation, including pain and suffering, emotional distress, and full lost wages.
Wrongful Death Claims
If you lost a loved one in a construction accident, you might file a wrongful death claim to recover funeral expenses, loss of income, and loss of companionship.
Non-workers injured at a construction site, such as visitors or bystanders, typically pursue personal injury claims. These cases often hinge on proving negligence and liability.
What Damages Are Available for Construction Accident Injuries?
The damages available after a construction accident may include:
- Medical expenses: Coverage for past, ongoing, and future treatment.
- Lost wages: Compensation for time missed from work.
- Loss of earning capacity: For injuries that prevent you from returning to your previous occupation.
- Pain and suffering: To account for physical pain and emotional distress.
- Disability and disfigurement: Compensation for permanent injuries or scarring.
- Loss of consortium: For the impact on your family relationships.
At The Perecman Firm, we meticulously evaluate every aspect of your case to ensure you receive full and fair compensation.
Legal Challenges in Construction Accident Cases
Construction accident claims are rarely straightforward.
Injured workers and their families often face significant legal hurdles, including:
- Proving Negligence: In personal injury claims, the burden of proof lies with the injured party. This means demonstrating that the defendant’s negligence directly caused the accident. Gathering evidence, such as safety reports, eyewitness accounts, and expert testimony, can be complex and time-consuming.
- Navigating Employer Retaliation: In some cases, employers may discourage workers from filing claims, fearing increased insurance premiums or regulatory scrutiny. Retaliation can take the form of threats, demotions, or wrongful termination.
- Overcoming Disputes Over Liability: Construction sites often involve multiple parties, including contractors, subcontractors, property owners, and equipment manufacturers. Determining who is liable for the accident can be challenging, particularly when these parties attempt to shift blame.
- Addressing Third-Party Involvement: When a third party is involved, such as an equipment manufacturer or delivery service, the injured party must file a separate claim or lawsuit. This adds another layer of complexity to the legal process.
- Dealing with Non-Cooperative Employers or Insurers: Employers and insurance companies may withhold crucial documents, delay responses, or dispute the severity of the injuries, complicating the claims process.
- Statute of Limitations: Injured parties must act within New York’s legal deadlines to file a claim. Missing these deadlines can result in losing the right to compensation entirely.
Having a lawyer is invaluable in overcoming these challenges. An experienced attorney can build a strong case by gathering evidence, negotiating with multiple parties, and meeting all legal requirements.
With legal representation, injured workers can focus on their recovery while their lawyer navigates the complexities of the legal system.
Why Contact a Construction Accident Lawyer?
After a construction accident, your priority is recovery. Dealing with insurance companies, investigating the cause of your injury, and navigating legal claims can feel overwhelming. That’s where we come in.
A construction accident lawyer from The Perecman Firm can:
- Investigate your accident to uncover all liable parties.
- Gather evidence, including safety records and witness statements.
- Handle all communication with insurers and opposing attorneys.
- Calculate the full extent of your damages.
- Fight tirelessly to secure the maximum compensation possible.
When you choose The Perecman Firm, you’re not just hiring a lawyer—you’re gaining a dedicated advocate who will stand by you every step of the way.
Reach Out to The Perecman Firm Today
If you or a loved one has been injured in a construction accident in New York City, Queens, or Long Island, you don’t have to face this battle alone.
At The Perecman Firm, we have decades of experience fighting for injured construction workers and their families. We’re here to help you rebuild your life, hold negligent parties accountable, and secure the compensation you deserve.
Contact our experienced personal injury lawyers today for a free consultation. Let us handle the legal challenges while you focus on healing. Call our New York City office at (212) 977-7033 or contact us online.