Construction Accident Lawyer in New York City

Construction in New York City practically never stops, with the industry employing around a quarter of a million workers. However, workers in the construction industry face many hazards. While there are numerous regulations designed to ensure safe working conditions, fines for safety violations amount to little more than petty cash for developers working on billion-dollar sites in the city. When something goes terribly wrong, injured workers often have little leverage. Some pay the ultimate price, leaving their families in emotional and financial turmoil.

Morgan & Morgan wants to help injured workers and their families get justice. Our New York City construction accident lawyers can help you pursue what you deserve, whether with a workers’ comp claim or by holding unscrupulous employers legally accountable. Contact us now to learn about your legal rights in a free case evaluation.

Common Construction Accidents in New York City

Some accidents are so common on building sites that they are called the “fatal four,” a term coined by the Occupational Safety and Health Administration (OSHA). The four most common types of construction accidents include: 

• Falls
• Electrocution
• Contact with machinery or equipment 
• Being struck by an object

However, workers can experience a range of accidents and injuries on building sites.

Falls

Falls are almost “par for the course” on construction sites that can be cluttered, chaotic, and full of hazards. Individuals may slip and fall due to wet surfaces or trip over objects and equipment. Catastrophic and fatal injuries occur when workers fall from a great height, such as roofs and scaffolds.  

Electrocution

Construction sites can be full of electrical hazards. According to the Centers for Disease Control and Prevention (CDC), workers are up to four times as likely to experience electrocution in construction than workers in other industries. Direct contact with electricity is the cause of most electrocutions. Causes of electrical deaths and injuries include: 

• Contact with overhead or underground power lines
• Improper use of extension cords
• Failure to de-energize power lines
• Contact with live wiring
• Faulty electrical equipment

Contact With Objects or Machinery

According to the National Safety Council (NSC), contact with objects and equipment is the third leading cause of death among workers. In 2020 alone, 196,140 workers suffered injuries, and 716 died from contact with objects and equipment. Accidents can include:

• Getting trapped and crushed in-between machinery or objects
• An object falling from height and striking a worker
• A worker getting pushed or thrown into an object or equipment
• A worker getting caught or crushed in a collapsing structure
• Accidents with heavy vehicles

Exposure to Toxic Substances

Working in the construction industry can expose workers to a multitude of chemicals and substances that are harmful to human health. Some of the toxic materials construction workers can come in contact with include:

• Solvents, glues, and paints
• Insulation materials
• Chemicals used for industrial cleaning and pest control
• Gasoline fumes
• Carbon monoxide
• Asbestos
• Formaldehyde and arsenic in wood products
• Mercury 
• Lead 

This list is by no means exhaustive. Workers may be exposed to various other harmful chemicals. Wearing adequate personal protective equipment and following safety protocols can minimize the risks of suffering ill-health from toxins. However, some employers cut corners, leading to workers’ accidents, injuries, and illnesses.

Trench Collapses

Trench work can be cramped, unpleasant, and dangerous. Working in deep and unsecured trenches can prove deadly for workers. According to OSHA, more than 20 construction workers suffered fatal injuries in trench collapses nationwide in 2016. Reasons for excavation and trench accidents include:

• Failure to shore up the sides or install trench boxes
• Walls caving in due to water intrusion
• Unstable soil
• Improper sloping of the trench

Injured Workers Can Get Help

In many cases, construction accidents are avoidable and occur due to negligence or recklessness of an employer, contractor, property owner, or another party. Workers who suffered injuries in an avoidable accident could be entitled to compensation for their medical bills, income losses, and other damages. If you or a family member was significantly injured at work, a Morgan & Morgan New York City construction accident lawyer could help. 

Construction Accident Injuries 

Accidents on construction sites can cause life-changing injuries. Common injuries in construction accidents include:

• Head and brain injuries
• Limb amputations
• Spinal cord injury and paralysis
• Electrical burns
• Fractured bones
• Sprains and strains
• Mesothelioma, lung cancer, asbestosis, and other diseases caused by toxic substances

Victims of construction accidents may never work again and could see their entire lives turned upside down. Steep medical and rehabilitation bills, lost wages, and other expenses can cause significant financial hardship for workers and their families. 

What You Should Do After Getting Injured in a Construction Accident

If you or a loved one was injured at a construction site, you could have various options to recover damages. Most workers in NYC are eligible for workers’ compensation. Therefore, filing a workers’ comp claim is usually the best first step. However, if a third party was responsible for your accident and injury, you could pursue additional compensation with a personal injury lawsuit.  

Applying for New York Workers’ Compensation 

Under the New York workers’ comp program, injured workers can seek various medical and employment-related benefits, including:

• All necessary healthcare expenses
• Wage replacement benefits up to two-thirds of your average weekly wage 
• Vocational rehabilitation services such as retraining 

Survivor Benefits

Surviving family members of an injured worker in NYC are entitled to workers’ comp survivor benefits. The spouse, minor children, and other dependents could receive: 

• Funeral and memorial expenses up to $12,500
• Weekly cash benefits up to two-thirds of the decedent’s average weekly wage

If the decedent did not have a spouse or dependents, the parents or estate could receive a $50,000 payment.

Filing a Personal Injury Lawsuit

Workers’ compensation can be invaluable for workers and their families. However, since it typically only covers up to two-thirds of the injured worker’s wage, families may struggle financially. If someone else negligently or willfully caused your accident, you could be entitled to additional damages such as pain and suffering, loss of quality of life, and others. A lawsuit can allow injured workers to pursue such additional compensation. 

However, not all injured workers are eligible. If you are unsure about your legal rights or the benefits you are entitled to, our experienced construction accident attorneys could help. 

Could You File a Personal Injury Lawsuit?

Independently of your workers’ compensation eligibility, you may be able to hold a third party, such as another contractor, accountable for your accident and damages. Defendants in construction accidents can include: 

• Negligent or reckless subcontractors at the construction site
• A manufacturer of defective construction equipment
• A co-worker who willfully or maliciously caused an accident

Our construction accident attorneys could help you prove your claim against a third party. 

Your Employer Could Be Liable for Your Losses

Workers’ compensation insurance generally protects employers from employee lawsuits. However, in some cases, workers could file a suit against their employer, including: 

• Your employer does not have any workers’ insurance coverage 
• Workers’ insurance coverage has lapsed due to non-payment of premiums
• Your employer was grossly negligent, causing your accident and injury 
• You were physically assaulted by your employer

Almost all developers in NYC must obtain workers’ compensation insurance. However, if they fail to keep current with their premium payments, workers may be unable to receive the benefits they need after getting hurt. Moreover, an employer who deliberately skirts safety regulations and causes an unsafe work environment could be held accountable with a personal injury lawsuit. 

Compensation NYC Workers Could Receive 

While workers’ compensation offers limited benefits for injured workers, winning a personal lawsuit can allow them to recover additional damages. Compensation can include:

• All present, past, and future medical expenses 
• Loss of wages and loss of future expected earning capacity
• Modifications of the home and vehicle
• Medical devices
• Pain and anguish
• Emotional distress
• Loss of a sense such as eyesight or hearing
• Loss of a limb
• Permanent scarring and disfigurement
• Loss of life enjoyment

Other damages may be available, depending on your unique case. Our construction accident lawyers can determine the worth of your case and clarify your legal options.