If you’ve been injured in a construction accident in New York, you need a law firm with extensive experience and a proven record of results. At The Perecman Firm, we have recovered more than half a billion dollars for accident victims and their families. Our New York City construction accident attorneys have earned a reputation as tough litigators and negotiators who stop at nothing to secure maximum results for our clients.
We are a law firm that has built a reputation for aggressively handling construction accident cases in New York and for simplifying the legal process by pursuing every avenue to maximum financial recovery for our clients. This means you only need one firm for your workers’ compensation claim, personal injury lawsuit, Social Security disability claim, appeals, and any other legal challenges arising out of your work accident.
HOW IT WORKS
FREE CASE REVIEW
First, we discuss options for addressing your immediate financial needs. We also evaluate whether or not you have a case worth pursuing and estimate the timeline for receiving the full compensation you deserve.
AN IRON-CLAD CASE
As your counsel, we meticulously analyze all evidence and expert testimonies, leaving no stone unturned. We build an ironclad case that definitively proves liability and demonstrates the full extent of your injuries.
BATTLE THE BULLIES
As your trusted advocate, we never back down until you get the maximum compensation you deserve. Our seasoned trial lawyers stand firm against intimidation and unfair settlement offers.
Our firm was founded by David Perecman, one of the most highly experienced and skilled construction accident trial lawyers in New York. For years, he has led lectures for other lawyers at the New York State Trial Lawyers Association (NYSTLA) to spread his knowledge of New York’s laws protecting construction workers. This is a position he earned through years of experience and record-setting success.
All of our attorneys are highly experienced in handling construction accident cases, including those involving falls from heights, ladder accidents, scaffold accidents, crane accidents, falling objects, trips and falls on construction sites, slips and falls on construction sites, electric shock accidents, and accidents involving power saws and powered machinery.
Our resources include a roster of construction site safety experts and engineers, as well as a former police officer working as an investigator. Our proven skills in handling construction accident cases have led to our long track record of multi-million-dollar verdicts and settlements.
Contact us today for a free review of your case. You do not pay any fees while we work on your case. In fact, you only pay us when we recover compensation for you, whether through a verdict or settlement.
NO FEES
UNLESS WE WIN YOUR CASE
Our Track Record: Maximum Results for Injured Construction Workers
In construction accident cases, our team works to identify every possible source of compensation and then fights for maximum recovery. Some of our notable cases include:
- $19,000,000 - Worker struck by a falling steel beam on a construction site
- $15,000,000 - Fall from wet scaffolding on a jobsite
- $12,000,000 - Fall from ladder after being struck with an angle iron
- $11,500,000 - Fall from a ladder on rooftop job site
- $11,231,243 - Crush injury from Aircraft while working on Tarmac
- $6,415,000 - Fall from a ladder on a worksite
- $6,000,000 - Laborer injured in trench collapse
- $5,600,000 - Laborer struck by falling scaffolding on a job site
- $5,000,000 - Fall from scaffolding on a job site
Understanding Your Rights After a Construction Accident in New York
Millions of hardworking men and women in America make a living in the construction and building trades. From residential projects to commercial high-rises to government infrastructure projects, people in a range of different trades – including electricians, carpenters, iron workers, laborers, masons, painters, sheet metal workers, and plumbers – support themselves and their families from these jobs that are so essential to our country’s growth and success.
Because of the essential nature of these jobs, New York has special laws in place specifically to protect construction and building workers.
Construction workers who are injured on the job oftentimes have multiple options for pursuing compensation for the losses they suffer:
- A worker may be able to bring a personal injury lawsuit against a contractor or construction site owner to recover payment for their pain and suffering, medical expenses, and loss of wages and benefits. You can often do this even if the contractor or owner had nothing to do with your accident.
- In addition, a person injured in a construction accident on the job can make a claim for workers’ compensation benefits to cover medical expenses and part of their lost wages while out of work.
- If the worker becomes disabled from work in a construction site accident, they may be able to file for Social Security Disability benefits, depending on their age, injuries, and other factors.
At The Perecman Firm, we handle all three of these claims and fight every day for workers who were injured in construction accidents that should never have happened. Let us put our knowledge and skills to work for you.
A Message From Founder: David Perecman
Can I Bring a Lawsuit For My Construction Accident?
If you were hurt in a construction accident, you may be able to bring a lawsuit against the owner, general contractor, and other contractors or companies under Sections 240(1), 241(6), and/or 200 of the NY Labor Law.
Labor Law 240(1), commonly referred to as the “Scaffold Law,” allows certain workers to sue contractors, site owners, and their agents for accidents that involve falls from heights (i.e. falling off ladders or scaffolds), falling objects, and other gravity-related incidents. The law requires these corporations and companies to provide proper protection to the workers employed on the construction site. You can bring a lawsuit even if the contractor and owner had nothing to do with your specific work or your accident.
Labor Law 241(6) allows workers to sue contractors, owners, and their agents for violations of specific regulations of the New York State Industrial Code. This law commonly covers accidents involving trip and falls, slip and falls, electric shocks, unguarded saws, and other machinery, certain demolition accidents, scaffold accidents, crane accidents, and many others. You can also bring a lawsuit under this law against the contractor or owner even if they had no direct involvement with your work or accident.
Labor Law 200 allows workers to sue companies for their failure to provide reasonable and adequate protection to workers on a construction site. It has similarities to a negligence case.
This is very important information for workers injured in construction site accidents because workers’ compensation benefits do not cover pain and suffering and, in many cases, do not adequately compensate for other damages, like loss of earnings and/or benefits.
Since not all job site accidents will allow injured workers to bring a lawsuit, it is very important that you consult a New York City construction accident attorney to find out whether you can take legal action.
What Types of Compensation Can I Recover?
The types of losses that you can sue to be compensated for in a lawsuit are called “damages.”
When you bring a lawsuit for a construction accident, there are certain types of damages that you are entitled to try to recover. These include:
- Physical and emotional pain and suffering
- Past and future lost wages/earnings and fringe benefits
- Past and future medical expenses
- Punitive damages in extreme cases
What Is Covered by Workers’ Compensation?
In New York, if you are injured while performing daily work tasks, you are eligible to file a workers’ compensation claim.
The benefits provided through workers’ compensation can include:
- Full coverage of medical costs
- Partial compensation for lost wages
- Death benefits
In cases where negligence is involved ─ whether on your part or your employer’s ─ you are still entitled to workers’ comp benefits.
Determining Liability for a Construction Accident in New York City
The issue of who is responsible under the law is called “liability,” and it is the first issue that needs to be figured out by an attorney handling your construction accident case. Luckily, New York’s special laws protecting construction workers provide ways to hold owners, contractors, and their agents on construction sites responsible for the safety and well-being of their workers even if they were not involved directly with your accident.
This is very important because owners, general contractors, construction managers, subcontractors, and other companies on construction sites have different types and amounts of insurance coverage that can affect your ability to get full compensation for your injuries and losses.
Exactly who should be sued in any given construction accident case can be a difficult question to answer. Your case is best left to an experienced and knowledgeable construction accident lawyer in New York City.
Call us or contact us online to get started. Your initial consultation is free.
How Long Do I Have to File a Construction Accident Claim in New York?
You have three years from the date of your accident to file a personal injury lawsuit in New York against a private entity or person. You have two years to file a New York workers’ compensation claim. If you lost a loved one in a construction accident, you have two yearsfrom the date of death to file a wrongful death claim.
If your personal injury or wrongful death claim is against a government entity, the time limits are significantly shorter and you will usually need to serve a Notice of Claim on the municipal entity within ninety (90) days of the accident.
These deadlines may seem far off in the aftermath of a work accident, but you should always consult with an attorney right away to understand the time limitations on your potential claim or lawsuit. There is a lot of legal legwork that needs to be done immediately to preserve evidence and begin documenting your claim for compensation. The sooner you begin working with a trusted New York City construction accident attorney, the better off you will be.
New York City Construction Accident Statistics
New York is one of the biggest cities in the world and construction is always happening somewhere in the five boroughs. While these projects provide a lot of jobs, they also result in a lot of accidents, many of which leave workers with massive medical bills, lost income, and significant pain and suffering.
Here are some leading statistics on construction accidents in New York:
- The Bureau of Labor Statistics (BLS) reports that of the 59 fatal work injuries in New York City during one recent year, 17 were related to construction, extraction, or maintenance accidents. That’s roughly 29 percent of the fatal work injuries for that year.
- That same year, 53 fatal construction and extraction injuries occurred statewide, according to the BLS.
- BLS data shows about 10,400 nonfatal construction injuries statewide in one recent year. That includes about 7,400 cases where injured workers had to miss work, change jobs, or work under medical restrictions.
Now consider the following information from a report by the New York Committee for Occupational Safety and Health (NYCOSH):
- The rate of fatal construction injuries is about the same for New York City and New York State. New York City had a fatality rate of 10.0 deaths per 100,000 people in one recent year, while the rate for New York State was 10.5 deaths per 100,000 people.
- Falls are the number one cause of construction deaths in NYC and statewide. The NYCOSH report found that falls caused about 48 percent of all construction fatalities statewide over a 10-year period. In New York City, falls accounted for 64 percent of fatal construction injuries in one year.
- Non-union job sites are more prone to construction injuries and fatalities. When NYCOSH looked at 23 OSHA investigations from one recent year, they found that 86 percent of the construction workers who died at private job sites statewide did not belong to a union. In New York City, about 79 percent of the workers who died on private worksites did not belong to a union.
- Latino construction workers are more likely to die on the job, according to the NYCOSH report. While Latino workers account for about 10 percent of the state’s workforce, they make up 18 percent of workers killed on the job.
- The NYCOSH report also says older workers are more likely to suffer fatal on-the-job injuries. Statewide, workers aged 55-64 are the most likely to die on the job, followed by workers aged 35-44.
- OSHA fines for fatal construction accidents are increasing, but they remain too small to be effective. According to the NYCOSH report, the average OSHA fine for a fatal construction accident was $44,779 for one recent year. The highest fine for that year was $300,370.
- The number of OSHA inspections at job sites has dropped sharply over the past decades, according to NYCOSH research. After peaking at about 13,000 inspections in 1987, the number of inspections for one recent year was about 4,000.
We Handle All Types of Construction Accident Cases in New York
Our seasoned attorneys have handled all types of construction accident cases, including:
- Building collapses
- Cement and concrete burns
- Chemical exposure
- Construction site car accidents
- Construction site trip-and-falls
- Crane accidents
- Accidents caused by defective or unsafe equipment
- Demolition accidents
- Electrocution
- ding collapses
- Cement and concrete burns
- Chemical exposure
- Construction site car accidents
- Construction site trip-and-falls
- Crane accidents
- Accidents caused by defective or unsafe equipment
- Demolition accidents
- Electrocution
- Scaffolding accidents
- Site debris accidents
- Struck by falling objects
- Toxic exposure
- Trench collapse accidents
- Weather-related construction accidents
- Welding accidents
- Window washing accidents
- Roofing accidents
NO FEES
UNLESS WE WIN YOUR CASE
We Represent All Types of Workers
We understand the different risks workers face in different trades on the job site. Our New York City construction accident attorneys represent:
- Carpenters
- Crane operators
- Bricklayers
- Drywall workers
- Electricians
- Forklift operators
- Iron workers
- Laborers
- Maintenance workers
- Masons
- Painters
- Pipefitters
- Plumbers
- Roofers
- Sheet metal workers
- Steeplejacks
- Tunnel workers
- Undocumented construction workers
- Utility workers
- Welders
- Window washers
Construction Accident FAQs
After a serious workplace accident, you likely have a lot of questions. Our NYC construction accident attorneys are here to provide answers and advocacy as you fight to get back on your feet. Below are answers to some of the questions we most frequently receive about construction accidents.
How do I choose the right attorney for my construction accident case?
If you have a construction accident case, you need effective legal representation to review your options. Most attorneys offer free initial consultations where prospective clients can ask questions. These consultations can help you choose the right attorney for your case. Some of the questions you should ask include:
- How long have you practiced law?
- How long have you practiced construction accident law?
- What percentage of your cases involve construction accident claims?
- How frequently do your construction accident claims go to trial? How often do you win?
- Do you have any awards or recognitions?
How does OSHA investigate a construction accident?
OSHA will investigate a construction accident at the request of an employer or a worker for a contractor covered by the Occupational Safety and Health Act. Depending on the seriousness of the accident, OSHA may also conduct an unrequested investigation of a construction accident.
OSHA gives advance notice of inspections only in cases where there is imminent danger to workers, inspections occur after business hours or require special preparation, management needs advance notice to attend the inspection, or more intensive inspections, like fatality investigations, are required. An authorized worker representative must accompany OSHA inspectors along with the employer’s management.
Is there a time limit for filing a construction accident lawsuit in NYC?
Under New York’s statute of limitations, you typically have only three years to file a construction accident lawsuit. However, you may have less time to file depending on the circumstances, such as a lawsuit against the city or state government. Our experienced attorneys can review your case and advise you on crucial deadlines.
What types of compensation can I seek after a construction accident?
After a construction accident, you may have several options for recovering compensation depending on the circumstances of the incident. As a construction worker, you can file a workers’ compensation claim to recover benefits such as medical care and partial reimbursement of lost wages from missed work.
Construction workers may also have claims under New York Labor Law, including:
- Labor Law 200 – Statutory negligence for accidents arising from dangerous or defective worksite conditions or the construction work’s means, methods, or manner.
- Labor Law 240(1) – Statutory claim for construction accidents involving scaffolding or ladders.
- Labor Law 241(6) – Statutory obligation for employers to provide reasonable worksite protections based on the NY State Industrial Code or OSHA regulations.
An innocent bystander hurt by a construction accident or a construction worker injured by an accident caused by a third party’s negligence may have the right to pursue financial relief in a personal injury lawsuit.
What should I do if I’m involved in a construction accident in NYC?
If you’ve been involved in a construction accident in New York City, you can take several steps to protect your legal options for recovering compensation:
- Report the accident to your foreman, supervisor, or site manager immediately.
- Seek immediate medical attention to identify your injuries and begin treatment.
- Follow your doctor’s treatment instructions, including work or physical restrictions.
- Request copies of medical records of your treatment and rehabilitation.
- Keep copies of your medical bills, treatment receipts, and pay stubs.
- Contact a NYC construction accident lawyer from The Perecman Firm, as soon as possible to discuss your legal options for recovering compensation.
Can I get more than just workers’ compensation after a construction injury?
Yes, in many cases. Even though you’re prohibited from directly suing your employer under workers’ compensation laws, you may be able to file a construction accident lawsuit under New York Labor Laws or against third parties such as manufacturers of defective equipment. A personal injury claim could help you recover additional compensation for pain and suffering, full lost wages and benefits, future medical expenses, and other damages that workers’ comp doesn’t cover.
When do I need to hire an attorney for a construction accident?
The sooner you hire a New York personal injury attorney, the sooner we can get to work preparing your case. If you wait too long, it could severely restrict the amount of evidence we are able to collect in order to support your claim. Considering the limited amount of time you have to pursue legal action in court, delaying action on your case may negatively impact the amount you are able to recover in damages.
Keep in mind that insurance companies are highly trained at negotiating and handle hundreds of cases every year. An NYC construction accident attorney can help you throughout these negotiations in pursuing the most beneficial outcome.
Am I required to give a recorded statement?
It is best to talk to an attorney before giving any written or recorded statements about the accident or your injuries. Insurance adjusters and their investigators are skilled at asking questions that could lead you to say something that could later be used against you. An experienced attorney can protect you from making mistakes that could come back to bite you later.
Who is responsible for ensuring safe conditions at the construction site?
Under New York’s Labor Laws protecting construction workers, general contractors and property owners and, in certain situations, subcontractors, engineers and safety inspectors are responsible for maintaining a safe work environment for construction workers. For many accidents covered by New York Labor Law §§ 240(1) and 241(6), the general contractors and site owners can be found at fault for the work of their subcontractors and agents. Most construction sites must have a construction superintendent, site safety coordinator, or site safety manager. All construction workers must receive at least 40 hours of site safety training, and safety coordinators and managers must receive at least 62 hours.
The NYC Department of Buildings (DOB) regulates construction site safety in the city. DOB safety inspectors visit construction sites to confirm that construction companies have followed all applicable safety regulations.
I’m working again, but my injuries prevent me from performing the same work I used to do. I’m worried that I won’t be able to financially support my family. Do I still have a construction accident injury claim?
Your ability to file a claim or lawsuit for a construction accident under New York’s Labor Law does not depend on whether you are back to work or not. If you were forced to accept a different position that doesn’t have the same potential for salary increases or advancement due to your injury, or if your injuries are preventing you from receiving the same level of income and benefits you earned before the accident, you can still file a claim. Depending on the evidence, you can claim the difference between what you would have made had you been able to continue working in your former position and what you are making now. Even if you earn the same wages after your injury as you did before, you can still file a claim, however, you may not be able to make a claim for lost earnings from the date you went back to work in the future.
Do I even need to hire an attorney to help me with my case?
Construction accident cases often involve complex legal issues. These include determining whether your accident is covered by New York’s special laws protecting construction workers and establishing who is at fault for the accident. Maximizing your compensation from the case can require obtaining the opinions of experts, all of whom are chosen based on their particular education, experience, and training. An experienced construction accident attorney in NYC is uniquely qualified to manage these complicated and often tedious hurdles on your behalf. Let our firm help you navigate the process, and fight for the maximum compensation possible. Contact our attorneys at The Perecman Firm to discuss your case today.
How much does it cost to hire a New York construction accident lawyer?
When you’re struggling just to pay medical bills and make ends meet, it’s natural to worry about the added expense of hiring a lawyer. The good news is that The Perecman Firm does not charge any fees upfront or out of pocket for our services. You pay nothing during the duration of your case.
Instead, we are paid at the end of your case as an agreed-upon percentage of the amount we recover for you. This way you do not have to worry about whether you can afford an attorney. After all, if you’ve been seriously hurt, you can’t afford to delay filing your suit.
Get the Power of a Top-Tier NYC Construction Accident Lawyer on Your Side
If you or a loved one were injured you need The Perecman Firm. Our experienced New York construction accident attorneys are here to discuss how we can help you recover the money you need during this difficult time. When your health and livelihood are on the line, you need a construction accident law firm with the experience, resources, and track record of results. Contact us today for a free review of your case.