You Need a Construction Accident Attorney in NYC
The lawyer you choose will make all the difference in your case.
Construction work can be dangerous. In the eyes of the law, that’s supposed to be a warning to put safety first, but for too many construction companies, general contractors, and site managers, it’s an excuse. If you’ve been injured, you don’t have to put up with their excuses. You can stand up for your rights with a proven construction accident lawyer on your side.
If you’ve been hurt on a construction site, contact Keogh Crispi, P.C. right away for a free consultation with an experienced attorney. We have a strong track record of fighting for injured construction workers and getting big results, including:
- $6 million total for three workers injured in a crane collapse.
- $5 million for an injured construction site security guard.
- $4.5 million for a carpenter/laborer whose foot was crushed.
- $3.175 million for a worker who fell from an unsecured ladder.
Let’s start building a strong case, together. We’ll listen to your story, advise you of your legal options, and if you decide to hire us, start working on a winning strategy to get the compensation you need and deserve. Schedule your free consultation today.
After a construction accident, make the right choices.
From the moment you’re injured, the decisions you make can have a huge impact on your future. To protect your health and your legal rights, here’s what you need to do after an accident:
- Seek medical attention. Your health has to come first. Construction accidents often cause injuries with delayed symptoms, such as internal injuries and brain injuries, so getting checked out will ensure that you know what’s wrong and what to do about it. Seeing a doctor also creates a record of your injuries to protect your case.
- Report the accident. Tell your supervisor, not just a coworker. Make sure your employer documents the accident in writing, and get a copy of any reports for your own records, too.
- Take pictures of the scene. Construction sites can change quickly, especially if you’re working outdoors, so collecting evidence right away is critical. Take photos of everything at the scene of the accident, as well as any visible injuries.
- Write down what happened. You were there, you know what happened, and your story is going to be critical. Write down your recollection of how the accident occurred, taking note of any witnesses and surrounding circumstances.
- Follow your doctor’s orders. Again, your health comes first. Obtain a letter from your physician that describes your physical limitations and determines whether you can still work. Go to your follow-up appointments and take your medications as prescribed.
- Keep records of everything. From your medical treatment to your employer’s reports to any communications with an insurance company, every document matters. Insist on getting communications in writing and keep your own copy of each.
- Contact an attorney. The responsible parties will have their own representation fighting to protect their interests, and you need an advocate, too. The sooner you talk to us, the sooner we can intervene to preserve evidence and start building your case.
Who’s liable for my injuries after a construction accident in NYC?
Remember, workers’ compensation immunity generally means you can’t sue your employer after a work injury – but that protection only applies to your direct employer. On a typical construction site, there are numerous legal entities involved: a general contractor, subcontractors, site owners, property managers, and so on, not to mention the manufacturers and distributors of equipment. Depending on the circumstances, any of these parties might be liable.
General Contractors and Construction Site Owners
When a property owner decides to create or change a structure, they are responsible for the safety of the workers on the project. Property owners and general contractors must make sure construction sites are safe for workers; if hazards exist that could harm a worker, they are required to address them. They have a legal responsibility to regularly conduct safety assessments at their construction sites, mitigate risks that exist there, and provide adequate safety equipment and training for those who are going to be working there. If property owners and general contractors fail to do these things and ensure that their sites are reasonably safe, they are liable.
Construction sites are often home to numerous ongoing projects. When a general contractor wins a bid, they may delegate some work to subcontractors. Subcontractors are equally responsible for ensuring the safety of a work environment. They need to ensure that their employees use appropriate safety equipment and follow appropriate protocols to keep both themselves and coworkers safe. Unfortunately, many subcontractors prove to be reckless and put both their own employees and other construction workers at risk.
Engineers and Architects
Site engineers and architects who design buildings and structures are required to adhere to professional standards, including safety protocols. In New York City, architects and engineers are responsible for ensuring that sites are inspected regularly. If a construction worker is injured, they may be able to hold an engineer or architect liable. For example, if a worker is injured in a building collapse caused by a structural issue, they may be entitled to sue an engineer or architect who should have anticipated these structural issues and put safeguards in place to protect workers.
Construction work requires a great deal of potentially dangerous equipment. Even an experienced construction veteran can get hurt if any of that machinery is defective or poorly maintained, or if the safety gear they are using malfunctions. If you are hurt at work because something was wrong with a piece of equipment, you may be able to hold the company that manufactured or distributed it liable.
Like all other New Yorkers, construction workers are protected by premises liability law, the area of law that governs property owners’ responsibility for their property. If the owner of a job site – whether residential or commercial – created hazardous conditions or failed to appropriately address a hazard, they can be held liable for injuries caused to workers injured on the premises due to that hazard.
Other Third Parties
In New York City, construction work is everywhere, and numerous other parties may be involved in an accident on a work site. Someone working on a road crew may be hit by a negligent driver, for instance. Anyone who is responsible for putting construction workers in danger can be held accountable for the harm they cause.
Construction workers have rights under New York law.
The state of New York has passed several labor laws to ensure the safety of workers. These laws often determine who may be responsible for your injuries after an accident on a construction site.
Labor Law Section 200 establishes the general responsibility to protect workers’ safety and health. Under Labor Law 200, owners and general contractors are legally obligated to “provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places.” Lawsuits under Labor Law 200 focus on situations where the owner or general contractor knew or should have known about an unsafe condition (such as a trip hazard or structural issue) that caused an injury.
Labor Law Section 240, commonly known as the “Scaffold Law,” holds job site owners and general contractors strictly responsible for protecting workers from gravity-related injuries, including both falls from heights and being struck by falling objects. Two of the “Fatal Four” types of construction accidents – falls and being struck by objects – can lead to claims under Labor Law 240.
Labor Law Section 241(6) sets safety standards for construction, demolition, and excavation work. Under Section 241(6), injured construction workers may be able to sue for damages for violations of the New York Industrial Code.
In addition to these laws specifically pertaining to construction, construction workers have the more general protections provided to all New Yorkers by laws governing premises liability, negligent security, product liability, and so on. In short, which parties can be held liable depends on the circumstances of your accident. That’s why it’s so important to speak with an experienced attorney who knows the law and understands how it applies to different types of construction accident cases.
We handle all types of construction accidents.
There are many ways to get hurt on a construction site, and all of them are preventable with the right equipment and emphasis on safety. We represent injured construction workers in a wide range of scenarios, including:
- Falls: the number one killer of construction workers according to OSHA, falls can also cause severe, life-altering injuries, such as traumatic brain injuries (TBI) and broken bones. Maintaining fall safety at construction sites is critical, with appropriate safety precautions depending on the height – and in New York City, construction often happens many stories above the ground.
- Falling objects: as with falls, incidents involving falling objects can be deadly in New York as construction sites span many stories. Property owners, general contractors, and subcontractors are all responsible for taking precautions to avoid injury by falling objects.
- Caught between objects: another of the “Fatal Four” identified by OSHA, “caught between” incidents include being crushed between vehicles or parts of machinery, as well as trench collapses and cave-ins.
- Electrocution: in New York, construction workers have to contend with both overhead and underground power lines, as well as other energized sources like construction equipment and extension cords. Electrical safety needs to be a top priority on any construction site.
- Crane accidents: for obvious reasons, cranes are ubiquitous on New York construction sites, and when they’re involved in accidents, serious injuries can follow. A crane is a complex mechanism that requires care to set up and maintain and skill to safely operate.
- Power tool and machinery accidents: construction work involves a great deal of potentially dangerous equipment. Manufacturers have an obligation to make their equipment safe, and construction companies have an obligation to use the equipment safely.
- Construction vehicle accidents: bulldozers, front loaders, and other vehicles can be exceptionally dangerous if not operated safely. These accidents may be caused by the operator or by a negligent manufacturer.
- Elevator accidents: in high-rise construction projects, elevator installation and use are common, and unfortunately, workers can be seriously harmed due to mechanical failure or falls into exposed shafts. Workers can also become caught between parts or electrocuted due to faulty wiring.
We have the experience and legal insight to represent construction workers harmed in all types of accidents. We also proudly represent the families of fatal construction accident victims in wrongful death claims.
You deserve full value for your construction injury.
The accident itself may have happened in a moment, but the consequences for your life can stretch on for years. Your medical bills are piling up. You may not be able to work for a long time, or you might have to leave the field of construction entirely. Your home life is affected, too: your relationships, your ability to care for loved ones, your capacity to do the things you love.
These are all real losses that deserve fair compensation. Under New York law, injured construction workers with third-party claims can pursue compensation for:
- Past and future medical expenses
- Lost wages
- Lost future income and lost earning capacity
- Vocational rehabilitation (that is, training to do a new job)
- Modifications to your home or car to accommodate a disability
- Ongoing medical care
- Disfigurement and scarring
- Pain and suffering
- Loss of consortium
- Loss of quality of life
Even though you may be entitled to a reward for your injuries, actually securing money can be difficult. Insurance companies, construction site owners, and any negligent third parties will fight you at every turn. They may dispute fault for the accident entirely, or they may downplay the extent of your losses. That’s why it’s so important to have the right attorney on your side who will advocate for the full value of your accident.
Choosing the right construction accident lawyer will make all the difference.
When you come to us after a construction accident, we start to visualize the outcome right away. As you tell us your story, we’ll listen to every detail and weigh how it affects your legal rights and options. We’ll explain what we can do for you, and if you choose to hire us, we’ll go right to work to develop your winning strategy.
Construction accidents can be chaotic places that change quickly, so we will intervene right away to preserve and obtain critical evidence. We pore over photos of the accident scene, interview witnesses, and keep digging to find out what happened to you and who was responsible. We’ll also work with you to document every cost associated with the injury, from your lost wages to your pain and suffering and even the cost of mileage to your medical appointments. We put in the hard work to build an airtight case for the full compensation you need and deserve.
We prepare every case for trial because that’s how we get the best possible outcome. When the insurance company for the responsible party sees that we’re prepared to take them to court and how your story will sound to a judge and jury, they come to us and offer a fair settlement. They know our reputation, and they know how hard we work for our clients. If they don’t pay up, we take them to trial. Our legal team has what it takes to build winning cases for construction workers.
You have limited time to file an injury claim. Act now.
For a workers’ compensation claim at a construction site, you must notify your employer within 30 days of your accident. After this, there is a limited number of days to submit your claim for benefits. For a personal injury lawsuit, the statute of limitations (legal deadline) in New York for most bodily injury claims is three years from the date of the accident. However, the applicable statute of limitations can vary depending on the circumstances, so it’s in your interest to talk to a lawyer as soon as possible to ensure you can meet all applicable deadlines.
Take advantage of our free consultation. Call our New York City office to discuss your case today. We are ready to take your call 24 hours a day, 7 days a week, 365 days a year, because we know time is of the essence. The consultation is free, and we work on a contingency fee, meaning you don’t owe us anything until and unless we recover for you. Know your rights. Talk to an experienced construction accident attorney at Keogh Crispi, P.C.