Top-Rated Personal Injury Lawyers in New York

GET A FREE CONSULTATION

855.HELD.HINES

Construction Accidents

New York Construction Accident Attorneys: Fighting for Justice

Construction workers face one of the most dangerous professions, especially in New York City, where construction accidents are all too common. Whether you’re a construction worker or a loved one of someone injured on the job, it’s crucial to understand the legal steps to hold the responsible parties accountable. Construction accident cases are complex, requiring the expertise of a skilled construction accident attorney. At Held & Hines LLP, we have the knowledge and experience necessary to guide you through these challenging legal matters.

Common Types of Construction Accidents

Construction accidents can happen in various ways, leading to serious injuries or even fatalities. Some of the most common types of accidents in the industry include:

  • Crane accidents: Cranes are essential but dangerous when not used or maintained properly.
  • Scaffolding accidents: Falls from scaffolding are a common and often catastrophic occurrence.
  • Ladder accidents: Improper ladder placement or defective ladders can result in severe falls.
  • Construction site falls: Workers can fall from heights or tripping over objects.
  • Equipment accidents: Defective or improperly used machinery can cause devastating injuries.
  • Elevator accidents: Malfunctioning elevators or hoists can lead to severe accidents.
  • Gas explosions: Leaks or mishandling of flammable materials can cause deadly explosions.
  • Building collapse: Structural failures are tragic but often preventable with proper precautions. 

The laws, rules, and regulations governing construction work aim to protect workers, but when those regulations are violated, the consequences can be devastating. At Held & Hines LLP, we are well-versed in New York State Labor Laws and can help you navigate the complex regulatory landscape that governs these cases.

New York Labor Laws: Protecting Workers on Construction Sites

New York’s Labor Law offers strong protections for construction workers injured on the job. Specifically, Sections 200, 240, and 241(6) are critical in construction accident cases. Here’s how each section applies:

Section 200: General Duty to Provide a Safe Worksite

Section 200 of the New York State Labor Law imposes a general duty on employers and property owners to provide a safe work environment. This includes maintaining and repairing the worksite to prevent accidents. Violations of this duty may lead to liability in cases of worker injury.

Section 240: The "Scaffolding Law"

Section 240, commonly referred to as the “Scaffolding Law”, provides special protection for workers involved in elevated work, such as working on scaffolds, ladders, hoists, or other similar equipment. If the worker falls or is injured due to improper safety measures (such as lack of guardrails or scaffolding failures), the general contractor or property owner can be held strictly liable. Even if the worker’s injury was not directly caused by negligence, this law allows for compensation when safety measures are inadequate.

Section 241(6): Compliance with the NYS Industrial Code

Section 241(6) requires property owners and general contractors to comply with all provisions of the New York State Industrial Code. These codes set standards for everything from equipment safety to site maintenance. Violations of these standards can result in liability for the parties responsible for site safety. Architects, subcontractors, and equipment manufacturers may also be held responsible if inadequate safety precautions contributed to the accident.

Proving a Construction Accident Case

While a fall or accident does not automatically indicate that safety measures were inadequate or that the Labor Law was violated, proving liability in a construction accident case requires careful evidence collection. Here’s how our attorneys at Held & Hines LLP approach these complex cases:

Documenting Evidence:

Gathering records from agencies like OSHA (Occupational Safety and Health Administration) and the New York City Department of Buildings is crucial to establish that safety regulations were violated.

Witness Testimony:

We know how to properly question witnesses, including contractors, owners, and other construction workers, to build a solid case.

Expert Consultation:

In some cases, we consult with safety engineers or construction experts to analyze the conditions of the site and the cause of the accident.

OSHA Reports:

Reviewing OSHA violations or safety reports can provide strong evidence of a party’s failure to maintain a safe worksite.

Proper Documentation:

Our firm ensures all records, including medical records and incident reports, are gathered and analyzed for inconsistencies or critical details that could support your case.

Contact Held & Hines LLP for Legal Help

Construction accidents can have devastating consequences, and the process of securing compensation is often lengthy and challenging. The experienced attorneys at Held & Hines LLP are dedicated to helping you recover the compensation you deserve for your injuries.

With offices in Manhattan and Brooklyn, our personal injury attorneys are ready to assist you with:

  • Construction accident litigation
  • Workers’ compensation claims
  • Labor law violations

Insurance disputes

Frequently Asked Questions About Construction Accidents

What should I do immediately after a construction accident?
  • Report the injury to your supervisor.
  • Seek immediate medical treatment.
  • Gather evidence, including photos of the site, equipment, and your injuries.
  • Contact an attorney as soon as possible to protect your rights.

 

Can I sue my employer for a construction accident in New York?

Under New York State Labor Law Section 240 (Scaffolding Law), you may have the right to sue a general contractor or property owner for negligence. In cases where a third party’s negligence (such as faulty equipment) caused the accident, you could also pursue a personal injury lawsuit.

What damages can I recover in a construction accident case?

You may be entitled to recover compensation for:

  • Medical expenses (current and future)
  • Lost wages
  • Pain and suffering
  • Disability and rehabilitation costs
  • Emotional distress
What if I was partially at fault for the accident?

Even if you were partially at fault, New York’s comparative negligence law allows you to recover damages. The amount you recover may be reduced based on your percentage of fault.

How long do I have to file a construction accident claim?

The statute of limitations for personal injury claims in New York is typically three years from the date of the accident. However, there may be exceptions, so it’s essential to consult an attorney immediately.

Contact the Personal Injury Attorneys at Held & Hines LLP

If you or a loved one has been injured in a construction accident, do not hesitate to contact the personal injury attorneys at Held & Hines LLP. Our experienced legal team is ready to assist you in holding the responsible parties accountable and securing the compensation you deserve. With offices in Manhattan and Brooklyn, we are committed to providing you with top-tier legal representation.