Construction Accident Lawyer in New York

Working in construction can be dangerous. Falls from heights, accidents involving heavy machinery, and defective equipment can all result in serious injuries. However, if everyone involved in maintaining the construction site did their jobs correctly, injuries and deaths would not occur.

If a construction accident resulted from property owner or construction company negligence, you deserve the help of an experienced attorney who can explain your rights and help you navigate the personal injury and/or workers’ compensation system. The good news is that you’ve come to the right place.

The experienced New York construction accident lawyers at Davis, Saperstein & Salomon, P.C. proudly protect the rights of hardworking New Yorkers injured on the job. Whether you’re seeking workers’ compensation benefits or pursuing a personal injury claim, we can help you seek the justice you deserve. Contact us today to learn more.

Why Choose Us?

The construction accident lawyer you choose to represent you can make all the difference in the outcome of your case. Here’s what the team at Davis, Saperstein & Salomon, P.C. offers to victims of construction accidents in New York:

Extensive Experience – Our firm was established in 1988, giving us over four decades of experience fighting for the rights of injured workers. We know what it takes to win.
Strong Track Record – To date, we’ve recovered over $1 billion in settlements and verdicts in NJ and NY on behalf of our clients, including victims of catastrophic construction accidents.
The Resources You Need – We have over 100 employees, including 25 lawyers licensed in New Jersey or New York and 12 certified civil trial attorneys with actual courtroom experience.
No Fees Unless You Win – We charge you no upfront fees to pursue your case, and you won’t pay us anything unless we win.
Extensive Experience with NY and NJ Labor Laws – We have extensive experience handling cases involving New York and New Jersey labor laws, including claims under New York Labor Law Section 240 when a worker falls from a scaffold or another elevated worksite.

Our Construction Accident Wins

Here are some notable construction accident settlements we’ve secured for our clients:

$20,000,000 Construction Job-Related Injury Settlement – While working on a building in Brooklyn, New York, our client fell through the roof and suffered life-changing injuries, including a spinal cord injury, a fractured skull, and fractures to his arm and leg. The settlement reflected the seriousness of the accident and the long-term impact of his injuries.
$3,110,000 Construction Job-Related Injury Settlement – Our client was repairing a roof leak when he slipped on an icy shingle and fell 20 feet to the ground without proper fall protection. He suffered multiple fractures, a partial lung collapse, and significant knee, ankle, and back injuries that required surgery, injections, and ongoing treatment. The settlement helped account for the physical, financial, and personal toll of the accident.
$3,000,000 Construction Site Slip and Fall – A security guard tripped and fell on a New York City sidewalk that was under construction. He injured his elbow, requiring months of physical therapy and surgery. Our lawsuit argued that the property owner and construction contractor were negligent in failing to provide a safe construction site, and our client received a $3 million settlement.
$1,320,000 Construction Site Accident Settlement – Our client fell from a ladder, resulting in multiple fractures and disabilities. We secured a settlement that accounted for our client’s medical expenses, diminished earning capacity, and the pain and suffering they endured.
$850,000 Construction Site Accident Settlement – A construction worker tripped and fell over loose cinder blocks that were left on the sidewalk. He was carrying a suspended scaffolding platform at the time, and the fall caused him to tear his left meniscus. He required physical therapy and multiple surgeries, and we sued his employer, the property owner, and the general contractor for failing to provide a safe working environment. He received an $850,000 settlement.
$455,000 Construction Job-Related Injury Settlement – After tearing his rotator cuff due to an unsafe construction site elevator, our client was left with daily pain and limited mobility. We secured a fair settlement through a third-party lawsuit against the negligent contractor.

Construction Accidents We Handle

Some of the most common cases our construction accident attorneys handle include:

Falls from heights
Scaffolding accidents
Slip, trip, and falls
Electrocutions
Machinery and equipment accidents
Explosions and fires
Toxic exposure
OSHA violations

What to Know If You Were Injured in a Construction Site Accident

Injured construction workers in New York are typically entitled to workers’ compensation benefits, which can cover medical expenses and partial wage replacement. Unfortunately, receiving these benefits can be challenging, and claims are frequently denied.

Common injuries in New York construction accidents include:

Traumatic brain injuries (TBIs) from falls or impacts
Spinal cord injuries
Broken bones and crush injuries
Burns, electrocution, or chemical exposure
Lacerations

If you’re seeking workers’ comp benefits or appealing a denied claim, our construction accident lawyers can lead you through the process and fight for the results you deserve. Additionally, many injured construction workers have options outside of the workers’ comp system for seeking recovery.

How Common Are Construction Site Accidents in New York?

New York City construction-related incidents may have fallen significantly over the last 10 years, but construction worker injuries and deaths are still unfortunately common compared to other industries. In one year, 638 construction incidents in NYC resulted in 482 injuries and seven fatalities.

New York’s dense population and constant construction may elevate the number of accidents in the area, but construction sites remain some of the most accident-prone workplaces, no matter what state you’re in. According to the National Safety Council, the construction industry experienced the most workplace deaths in a recent year, and according to the OSHA Online Center, one in five fatal workplace injuries occurs on construction sites.

How Long Do I Have to File an Injury Claim?

The deadline to file a claim for a construction site accident depends on the type of claim you intend to file.

In New York, these are the deadlines for filing various types of construction accident claims:

Three years from the date of the incident to file a civil lawsuit for a construction site accident.
If the accident caused death, the decedent’s family has two years from the date of death to file a civil lawsuit for wrongful death.
If you’re filing a workers’ compensation claim related to the construction site accident, you must report your injuries within 30 days of the incident. You then have up to two years to file a corresponding claim for workers’ compensation.
If you’re filing a claim against a government entity, typically the claim must be filed with the appropriate agency within 90 days.

However, other factors may affect these deadlines, and the exact timeline can vary. To avoid missing the deadline for filing a claim, you should speak to a New York construction accident lawyer as soon as you can.

Do Temp Employees Qualify for Recovery If Injured?

In the state of New York, temporary employees are eligible for workers’ compensation benefits. In most cases, the employer and the temporary agency have “joint employer” status over the worker. This means that a temporary employee who is injured on a construction site can still file a workers’ compensation claim.

Temp employees may also be eligible to file a personal injury lawsuit under New York’s scaffold law.

Determining Liability for a Construction Accident

Determining liability for a construction accident case is essential. This will establish who you can hold accountable for your injuries, and it will allow you to maximize your potential compensation.

When determining liability, your construction site accident lawyer will consider the following:

Were you injured on the construction site accident as an employee? Even though you are eligible for workers’ compensation benefits, you could also be eligible to seek compensation in a personal injury lawsuit under the scaffold law.
If you were injured by defective tools or machinery, is the manufacturer responsible? If so, you could be eligible to file a product liability claim against the manufacturer, wholesaler, retailer, or any other responsible entity along the distribution chain.
If you were injured as a passerby, who was responsible for protecting you or warning you of the hazards you might encounter? In this case, there might have been negligence on behalf of the construction company, property owners, public agencies, or government entities.

There could be many different responsible parties who could be liable for your injuries. Examples include:

Construction company or site owner
General contractors and subcontractors
Manufacturers of tools, equipment, or machinery
Public agencies or government entities

How Can I Afford a Personal Injury Lawyer after a Construction Accident?

At Davis, Saperstein & Salomon, P.C. we know that you never planned on being hurt in a construction accident. The unexpected expenses associated with medical treatment and rehabilitation can be financially crippling, especially if you are unable to work for some time.

We understand that paying for legal services during this difficult time might be impossible. That’s why our case evaluations are always free of charge, and when we take your case, we’ll represent you with zero upfront costs. We represent clients on a contingency basis, meaning we won’t charge you unless and until we obtain a settlement or judgment in your favor.

Talk to an Experienced New York Construction Accident Attorney Today

Contact us today to schedule a free consultation at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation consultations and second opinions, and has offices throughout New Jersey and New York City. We’re happy to meet you in person at one of our offices or virtually via FaceTime or Zoom. If English is not your first language, we’re happy to offer translation services in a variety of languages, including Spanish, Korean, Albanian, Polish, Russian, and more. There’s no charge for the consultation, and we only get paid if we win money for you.

Whether your case is big or small, we’re committed to securing the compensation you and your family deserve. To take the next step, contact us today. Our New York construction accident lawyers are standing by to speak with you about your case.