Construction Accidents: Your Rights if You’re Injured on a Job Site

Construction sites pose inherent risks, and when a worker suffers an injury on the job, whether due to falling objects, scaffolding collapse, or equipment malfunction, you have the right to seek compensation under New York law.

After a serious construction-related injury, it is critical to consult a legal team of personal injury lawyers, such as those from The Levitsky Law Firm. Our passionate team stands ready to protect your rights and secure the benefits from construction injury claims.

Construction Accidents Defined

A construction accident occurs when an incident on a worksite causes physical harm to employees or passersby. Under federal regulations enforced by the Occupational Safety and Health Administration, construction accidents include falls from heights, electrocutions, struck-by-object events, and caught-in/between hazards. New York’s Department of Labor further recognizes any unplanned event leading to injury or property damage during construction activities as a reportable accident.

Common Types of Construction Accidents in New York

Construction sites in New York often present the following hazards:

• Falls from Heights: Workers may fall from scaffolds, ladders, roofs, or other elevated structures. According to OSHA, falls account for over 30% of construction fatalities nationally.
• Scaffold and Ladder Incidents: Improper setup or overloaded platforms can collapse under weight. New York’s Scaffold Law imposes strict liability on owners and contractors when safety devices are lacking.
• Struck-by Injuries: Falling tools and debris, as well as moving vehicles such as cranes and forklifts, can strike workers, causing traumatic injuries.
• Electrocutions: Contact with live wires, power lines, or malfunctioning electrical equipment can result in electrical shocks or burns.
• Caught-in/Between Accidents: Workers trapped in collapsing trenches or between machinery components face crushing injuries.

What to Know After a Construction Accident

After a construction accident, taking prompt and appropriate steps can preserve your rights:

• Seek Immediate Medical Assistance: Even if injuries seem minor, obtain a complete medical evaluation to document your condition.
• Record and Report the Incident: Notify your supervisor and file an accident report. Under New York Labor Law Section 27-a, your employer must record workplace injuries.
• Document Evidence: Photograph the scene, gather witness names, and collect safety logs or maintenance records for the equipment involved.
• Do Not Admit Fault: Avoid statements that downplay the accident or accept blame, as these can be used against you later.
• File a Workers’ Compensation Claim: New York law requires employers to carry workers’ compensation insurance. File your claim within 30 days of the accident to ensure benefits like wage replacement and medical coverage.

Your Rights After a Construction Accident Explained

NYC’s Labor Laws

• Labor Law  200: Employers must provide a safe work environment by following accepted safety practices.
• Labor Law 240: Holds contractors and property owners strictly liable for elevation-related injuries when adequate safety devices are absent.
• Labor Law 241(6): Establishes detailed safety regulations (Industrial Code) for construction operations and can support liability claims when violations cause injury.

Possible Third-Party Claims

Beyond workers’ compensation, you may have a third-party claim against negligent contractors, equipment manufacturers, or premises owners whose defective tools or unsafe conditions contributed to your injury.

Understanding Statute of Limitations

Most third-party claims in New York must be filed within three years of the accident date. Failure to meet this deadline can bar your right to seek compensation beyond workers’ compensation benefits.

How Can a Personal Injury Lawyer Guide Construction Accident Claims?

Your personal injury attorney can significantly enhance your recovery by conducting a comprehensive investigation into liability, which includes consulting safety experts, inspecting equipment, and reviewing site logs to identify negligence.

From there, your attorney will handle all facets of your claim, including timely filing workers’ compensation applications and pursuing third-party lawsuits to seek additional damages for pain and suffering, lost wages, and anticipated future care. Insurance companies frequently undervalue construction accident claims, but your lawyer will negotiate assertively on your behalf to secure a fair settlement. If settlement discussions break down, your attorney will vigorously represent you in court, presenting compelling evidence and persuasive legal arguments to ensure your rights are fully enforced.

Assert Your Construction Accident Rights With Confidence

The Levitsky Law Firm, with its proven track record of success in handling construction accident cases, offers skilled construction and personal injury advocacy in New York. Contact us today to schedule a consultation with our construction attorneys.