NYC Construction Accidents: Know Your Rights and Legal Options

New York City’s stunning skyline is made possible by the hardworking construction workers who build, renovate, and maintain its towering structures. However, the construction industry is one of the most dangerous professions, with workers facing serious hazards daily. 

From falls and electrocutions to scaffolding collapses and chemical exposures, construction accidents can lead to severe injuries or even fatalities.

There are, however, legal protections for NYC construction workers. New York has strict labor laws, including Labor Laws 240, 241, and 200, that protect injured workers and allow them to seek compensation beyond workers’ comp.

If you or a loved one suffered a construction accident in NYC, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Contact Morgan & Morgan’s New York City office for a free case evaluation to learn more about your legal options and how you can get your life back on track.

What to Do After a Construction Accident

A construction accident can be a life-altering event, leaving victims with serious injuries, medical expenses, and even lost wages from missed work. Knowing the right steps to take immediately following an accident can protect your health and strengthen your legal claim.

1. Seek Medical Attention Immediately

Even if your injuries seem minor, get checked by a medical professional, as some injuries don’t show symptoms right away and can worsen over time if left untreated. Your treatment also serves as a medical record for insurance and legal purposes.

Demonstrate that you are taking your injuries seriously and follow your doctor’s treatment plan, keeping track of all medical records.

2. Report the Accident

Notify your employer, supervisor, or site manager as soon as possible. Ensure the incident is documented in an official accident report.

3. Gather Evidence

Take photos and videos of the accident scene, equipment, any noticeable hazards, and your injuries themselves. Collect the contact information of all witnesses and save any protective gear or clothing worn at the time.

4. Keep a Record of Everything

Document your injuries, medical expenses, and any missed workdays. Write down your version of the accident while it's fresh in your memory.

5. Do Not Admit Fault or Sign Anything Without Legal Advice

Statements to employers, insurance companies, or third parties can be used against you. Avoid signing any settlements or waivers before consulting a lawyer.

6. File a Workers’ Compensation Claim (If Applicable)

If you’re an employee, you may be entitled to workers’ compensation benefits. Your employer should guide you through the claim process.

7. Contact Morgan & Morgan in NYC

An experienced lawyer at Morgan & Morgan’s NYC office can help determine if you have a personal injury case beyond workers’ comp. You may have a claim against third parties, such as contractors or equipment manufacturers.

How to Report a Work Injury in NYC

New York has strict guidelines on reporting workplace injuries. Failing to report an injury in time can jeopardize your ability to receive workers' compensation benefits. Here’s how to report a work injury in NYC:

• Notify Your Employer: Report the injury to your supervisor as soon as possible. Ideally, this should be done in writing within 30 days of the accident.
• File a Workers’ Compensation Claim: Complete Form C-3 (Employee Claim) and submit it to the New York Workers’ Compensation Board within two years of the accident.
• Seek Medical Attention: A doctor approved by the Workers’ Compensation Board should evaluate and treat you.
• Follow Up: Keep records of all medical treatments, correspondence, and documentation related to the injury.

The 11 Most Common Construction Accidents in NYC

Construction sites in NYC are some of the most dangerous workplaces, with accidents happening frequently due to high-rise buildings, heavy machinery, and hazardous conditions. Here are the 11 most common construction accidents in NYC:

1. Falls From Heights

Falls from scaffolding, ladders, or roofs are the leading cause of construction injuries and fatalities in NYC. The city's Scaffold Law (Labor Law 240) holds property owners and contractors responsible for worker falls.

2. Struck by Falling Objects

Workers can be hit by falling tools, debris, or construction materials from upper floors, causing serious head or bodily injuries.

3. Slips, Trips, and Falls

Uneven surfaces, loose wires, and wet areas contribute to slips and falls, leading to broken bones, head trauma, or sprains.

4. Electrocution

Exposed wiring, power lines, and unfinished electrical work put workers at risk of serious shocks and burns.

5. Caught-In/Between Accidents

Workers can get trapped between heavy equipment, collapsed trenches, or moving parts of machinery, leading to crushing injuries.

6. Scaffolding Collapses

Defective scaffolding or improper setup can lead to catastrophic collapses, endangering both workers and pedestrians below.

7. Machinery Accidents

Heavy equipment like cranes, forklifts, and bulldozers can cause injuries if they malfunction, overturn, or are operated improperly. Forklift collisions, tipping, and operator errors can result in devastating injuries, while crane accidents caused by mechanical failures, improper rigging, and high winds can lead to catastrophic situations.

8. Explosions and Fires

Gas leaks, flammable chemicals, and electrical malfunctions can lead to explosions, putting workers at risk of severe burns and fatalities.

9. Toxic Exposure

Construction sites often contain hazardous materials like asbestos, lead, and toxic fumes, leading to long-term health complications.

10. Trench and Excavation Collapses

Unstable trenches can cave in, trapping workers under dirt and debris, which can result in suffocation or crushing injuries.

11. Lack of Safety Protection

Al ack of guards on power tools and an inadequate supply of protective equipment, such as safety goggles, gloves, and hard hats, can leave NYC workers susceptible to accidents and injuries.

The 10 Most Common Injuries in NYC Construction Accidents

Construction sites in NYC are among the most dangerous workplaces, and injuries can range from minor to life-threatening. Here are some of the most common injuries in NYC construction accidents:

Traumatic Brain Injuries (TBI)

TBIs are caused by falls from scaffolding, ladders, or being struck by falling objects and can lead to concussions, cognitive impairments, or permanent disabilities.

Spinal Cord Injuries & Paralysis

Falls, collapsing scaffolding, or heavy machinery accidents can cause severe spinal damage, which may result in partial or full paralysis (paraplegia or quadriplegia).

Broken Bones & Fractures

Broken bones are common in falls, crush injuries, or machinery accidents. These injuries may require surgery, prolonged recovery, or physical therapy.

Amputations & Crush Injuries

Heavy equipment, falling materials, or getting caught in/between machinery can cause limb loss or crushed extremities.

Burns & Explosions

Electrical fires, gas leaks, and chemical exposure can cause severe burns or lung damage from inhaling toxic fumes.

Electrocution Injuries

Contact with live wires, faulty wiring, or exposed power lines can result in severe electrical burns, nerve damage, or cardiac arrest.

Eye Injuries & Vision Loss

Flying debris, welding accidents, and chemical splashes can cause temporary or permanent blindness.

Internal Injuries & Organ Damage

Blunt force trauma from falls, heavy machinery, or being struck by objects can lead to internal bleeding and damaged organs.

Nerve Injuries

A construction worker can experience nerve damage due to a variety of severe injuries on the job site. Common symptoms include numbness, tingling, weakness in affected areas, and chronic pain. Depending on the nerve involved, an injury may impact mobility and functionality. 

Fatal Injuries

NYC construction fatalities often result from falls, machinery malfunctions, collapses, or electrocution. Surviving families may be entitled to workers’ compensation death benefits or a wrongful death lawsuit.

Do I Need a Construction Accident Lawyer in NYC?

If you’ve been injured in a construction accident in NYC, hiring a construction accident lawyer is highly recommended—especially since New York has strict labor laws that protect workers. Here’s why legal representation can make a difference:

Workers' Compensation May Not Be Enough

Workers' comp only covers medical bills and lost wages but does not provide compensation for pain and suffering. If negligence played a role in your accident, you may be entitled to additional compensation.

NYC’s Labor Laws Favor Workers

New York City’s labor laws protect the rights of workers, and an experienced NYC personal injury attorney who understands these laws can help you to navigate these laws and legal processes. Laws include:

• Labor Law 240 ("Scaffold Law"): Protects workers who fall from heights or are hit by falling objects.
• Labor Law 241(6): Requires construction sites to follow strict safety regulations.
• Labor Law 200: Holds property owners and contractors responsible for unsafe conditions.

A lawyer can determine which laws apply to your case and help maximize your compensation.

You Might Have a Third-Party Claim

If equipment failure, a subcontractor’s negligence, or unsafe working conditions caused your injury, you might have a claim against:

• General contractors
• Property owners
• Equipment manufacturers
• Subcontractors

Insurance Companies Won’t Have Your Best Interests in Mind

Don’t expect a business to make good on your deal. Insurers may try to deny or minimize your claim to protect their own bottom lines. A lawyer can negotiate aggressively on your behalf and fight for the full compensation you deserve.

Legal Deadlines Matter

You must file a New York City workers’ comp claim within 30 days of the accident. If filing a personal injury lawsuit, the statute of limitations for New York state applies (typically three years in New York, with some exceptions). If suing a government agency, you have just 90 days to file a notice of claim.

A lawyer ensures you don’t miss any deadlines that could cost you your case and that you file correctly and on time.

When Should You Contact a Lawyer?

If you’ve suffered serious injuries, lost income, or permanent disability, contacting a construction accident lawyer at Morgan & Morgan immediately can help you get the compensation you deserve.

What to Do About Fatal Work Injuries (For Families)

Losing a loved one in a work-related accident is devastating, and surviving families in NYC may be entitled to financial compensation to help ease the burden. Here’s what you should do:

1. Seek Immediate Support

Grieving is a difficult process—consider reaching out to support groups or counselors to help you and your family cope. If you relied on the deceased’s income, you may need to explore financial assistance options.

2. Report the Death to the Employer

The employer should document the incident and report it to the Occupational Safety and Health Administration (OSHA) if required. You should request copies of any reports for legal and insurance purposes.

3. File for Workers’ Compensation Death Benefits

New York’s workers' compensation system provides death benefits to dependents of workers who die from job-related injuries.

Benefits may include:

• Weekly payments (equal to two-thirds of the deceased worker’s average weekly wage).
• Coverage for funeral and burial expenses (up to a limit).

A surviving spouse, children, or dependent family members may be eligible.

4. Consider Filing a Wrongful Death Lawsuit

If negligence caused the accident (faulty equipment, safety violations, third-party negligence), you may be able to sue for:

• Medical expenses before death
• Loss of future income
• Pain and suffering of the deceased
• Loss of companionship and emotional suffering

NYC Labor Laws (Labor Law 240, 241, and 200) offer strong protections that may apply in a wrongful death claim.

5. Contact a Construction Accident Lawyer at Morgan & Morgan

A lawyer can investigate the accident, determine liability, and help you pursue maximum compensation for your family’s loss. They can handle negotiations with insurance companies and employers to prevent lowball settlements.

Losing a loved one is heartbreaking, but legal action can provide justice and financial security for your family. 

What Should I Do if My Employer Does Not Have Workers’ Comp Insurance?

While most employers must have workers’ comp under the law, not all do. However, workers are still entitled to damages. Your three main options to get what you deserve in NYC are:

• Filing a personal injury lawsuit against your employer
• Claiming benefits from the New York Uninsured Employers Fund (UEF)
• Filing a claim with the main developer’s workers’ comp policy

Finding out that your employer is uninsured can be upsetting. However, your employer could still be liable for your damages. If you were injured at a New York City construction site, a personal injury lawyer at Morgan & Morgan could walk you through your options and help you fight for the compensation you deserve.

How Morgan & Morgan Can Help Construction Accident Victims

At Morgan & Morgan, we have fought for injured construction workers for decades. Our NYC construction accident lawyers understand the complexities of state and federal regulations and will fight for the compensation you deserve.

At Morgan & Morgan, you don’t pay a dime unless we recover compensation for you. That’s right—the Fee Is Free®, and you only pay if we win.

Our experienced, trial-ready lawyers have a track record of winning substantial settlements and verdicts, and as the nation’s largest personal injury law firm, we have the size and resources to go up against insurance companies, construction firms, and negligent third parties.

We explore every possible legal avenue, from workers' compensation to personal injury lawsuits and wrongful death claims, and our commitment to our clients’ welfare has resulted in recovering over $23 billion in compensation.

Construction accidents can change lives in an instant, but having the right advocate in your corner can make all the difference. If you or a loved one has suffered a construction accident in NYC, Morgan & Morgan is here to help. Contact us today for a free case evaluation and let our team fight for the justice and compensation you deserve.