New York Construction Accident Attorney
Construction is one of the most vital and most dangerous industries in New York State. From the skyscraper cranes of Manhattan and the residential booms of Brooklyn and Queens, to infrastructure projects in the Bronx and commercial development across Long Island and the Hudson Valley, tens of thousands of construction workers go to work every day on sites that can cause life-altering injuries in an instant.
When a construction accident happens, the consequences are rarely minor. Workers face crushing medical bills, extended time off work, permanent disability, and an uncertain financial future. Families grieve unexpected losses. And in the background, insurance companies and their defense teams are already building a case designed to minimize what you receive.
The New York construction accident attorneys at Jacoby & Meyers, LLP have spent decades fighting back. We have offices across New York City and the surrounding region, and we take every case on a strict contingency fee basis with no upfront costs and no fees unless we win.
The Scale of Construction Accidents in New York
Construction is consistently the most dangerous industry in New York, and the numbers reflect that reality. According to the Bureau of Labor Statistics, roughly 10,400 nonfatal construction injuries occur statewide in a typical year, including approximately 7,400 cases where workers missed work, changed jobs, or worked under medical restrictions. Statewide, construction and extraction accidents account for a substantial share of all fatal occupational injuries each year.
Falls are the leading cause of construction deaths both in New York City and statewide, accounting for nearly half of all construction fatalities over a recent ten-year period. Research by the New York Committee for Occupational Safety and Health (NYCOSH) has also found that non-union construction workers die on the job at dramatically higher rates than union workers, and that Latino workers, who make up roughly 10% of the state’s workforce, account for 18 percent of those killed on the job.
These statistics are not inevitable. The vast majority of New York construction accidents result from identifiable, preventable safety failures, like violations of OSHA standards, New York Labor Law, and basic common sense by contractors and property owners who prioritize speed and cost over the lives of their workers. When those failures cause injury or death, the law provides meaningful options for recovery.
Types of Construction Accidents We Handle
New York construction accident cases arise from a wide range of incidents. The attorneys at Jacoby & Meyers handle all of them, including:
- Falls from scaffolding, ladders, rooftops, and elevated platforms
- Being struck by falling tools, materials, or debris
- Electrocution from exposed, unlabeled, or improperly managed wiring
- Caught-in or caught-between accidents involving machinery and equipment
- Crane collapses and crane swing accidents
- Trench and excavation collapses
- Building collapses during demolition or renovation
- Forklift, backhoe, and heavy equipment accidents
- Defective or improperly maintained tools and machinery
- Scaffold failures and elevator collapses
- Chemical exposure, asbestos, and toxic material inhalation
- Construction vehicle accidents on roadways
- Fires and explosions from gas lines or electrical failures
- Hoist accidents and falling object injuries
OSHA’s “Fatal Four” — falls, struck-by-object incidents, electrocutions, and caught-in/between accidents — account for the majority of construction fatalities nationally and in New York. Any of these accidents can produce catastrophic, life-altering injuries in seconds.
Injuries Our New York Construction Accident Lawyers Handle
Construction accidents produce some of the most severe injuries seen anywhere in personal injury law. Our attorneys regularly handle cases involving:
- Lesiones cerebrales traumáticas (LCT)
- Spinal cord injuries and paralysis
- Fractures and crush injuries
- Traumatic amputation
- Severe burns from electrical, chemical, or fire exposure
- Asbestos-related illness and lung disease
- Internal organ damage and internal bleeding
- Hearing loss and vision damage
- Cicatrices y desfiguración
- Muerte por negligencia
Many of these injuries require ongoing treatment for years or decades, eliminate a worker’s ability to return to their trade, and alter the entire financial trajectory of a family. Our attorneys work to ensure the full present and future impact of those losses is reflected in every claim we pursue.
New York Labor Laws that Protect Construction Workers
New York State has enacted some of the most powerful construction worker protections in the country. Three provisions of the New York Labor Law are central to most construction accident claims, and knowing how they work is essential to maximizing recovery.
Labor Law §240: The Scaffolding Law
Labor Law §240 is one of the most protective worker-safety statutes in the United States. It applies to gravity-related accidents, like falls from height and injuries caused by objects falling from above, and imposes strict liability on property owners and general contractors who fail to provide adequate safety equipment such as scaffolding, harnesses, hoists, ladders, pulleys, and braces. Under strict liability, an injured worker does not need to prove negligence. They need only show that the required equipment was absent, inadequate, or improperly configured, and that this failure caused the injury.
240 claims are frequently the most valuable and the most aggressively contested in construction law. Having experienced legal representation is not a luxury in these cases; it is a necessity.
Labor Law §241: Construction Site Safety Requirements
Section 241 requires property owners and general contractors to maintain reasonable and adequate safety protections across all construction, demolition, renovation, and excavation work. It creates strict liability for violations of specific provisions of the New York State Industrial Code, covering a wide range of hazards from trench safety and debris netting to stairway requirements and power tool guarding.
Labor Law §200: General Duty of Care
Section 200 codifies the common-law obligation to provide a reasonably safe work environment. Claims under §200 are typically most relevant when a dangerous physical condition, independent of a specific code violation, caused the injury, and require showing that the owner or contractor had control over and notice of that condition.
Your Jacoby & Meyers attorney will analyze which provisions apply to your specific accident and build the strongest possible legal argument under each.
New York’s Carlos’ Law
Under New York’s Carlos’ Law, enacted to honor Carlos Moncayo, a 22-year-old construction worker killed in a trench collapse in New York City in 2015, corporations can now be held criminally liable for negligently, recklessly, or intentionally causing the death or serious physical injury of an employee on the job. Criminal penalties can include fines up to $500,000. While criminal prosecution is handled separately, this law underscores the level of accountability New York demands of employers who ignore their safety obligations.
Who Can Be Held Liable for a New York Construction Accident?
Construction sites involve multiple overlapping layers of contractors, owners, vendors, and managers, and identifying every party that bears responsibility is one of the most important functions an experienced New York construction accident attorney provides. Potentially liable parties include:
- General contractors and project managers
- Subcontractors across all trades
- Property owners and real estate developers
- Scaffolding and equipment rental companies
- Manufacturers of defective tools, machinery, or safety equipment
- Architects and engineers of record
- Construction managers with site safety authority
Our attorneys investigate every dimension of your case, reviewing contracts, NYC and state Department of Buildings records, OSHA inspection reports and prior citations, safety meeting logs, equipment maintenance records, and witness accounts, to hold every responsible party fully accountable.
Your Legal Options After a New York Construction Accident
If you were employed on the construction site when you were injured, you are generally entitled to workers’ compensation benefits regardless of fault. Workers’ comp covers all reasonable and necessary medical treatment and replaces a portion of lost wages, typically two-thirds of your average weekly wage, while you are unable to work. Workers’ compensation does not, however, compensate for pain and suffering, full lost earnings, or the broader impact of your injuries on your life and family.
Workers’ comp is typically the starting point, not the ceiling. Even when a claim is approved, insurance carriers regularly dispute injury severity, deny ongoing treatment, challenge authorized physicians, and seek to terminate benefits prematurely. Having an experienced attorney from the start helps ensure you receive the full benefits you are entitled to.
If your employer does not carry workers’ compensation insurance, they are violating New York law and can be held directly liable for all your damages.
Third-Party Personal Injury Lawsuit
New York law allows injured construction workers to file personal injury lawsuits against parties other than their direct employer. This is where the full range of your damages, including pain and suffering, complete lost wages, future earning capacity, and all medical costs beyond workers’ comp, can be recovered. For visitors, passersby, and bystanders injured at a New York construction site, a personal injury claim against the responsible parties is the primary path to compensation.
Demanda por homicidio culposo
If a family member was killed in a New York construction accident, you may have a wrongful death claim. Recoverable damages can include the deceased’s lost future earnings, final medical expenses, funeral and burial costs, and loss of companionship and guidance.
Seguridad Social por incapacidad
For workers whose injuries are severe enough to prevent any meaningful return to work, Social Security Disability benefits may also be available. Jacoby & Meyers works alongside our sister firm, Fine, Olin & Anderman, LLP, which has more than 50 years of experience specifically in workers’ compensation and Social Security disability matters, to ensure our clients can access every source of financial support they are entitled to.
What Damages Can You Recover?
Depending on the nature and severity of your injuries and the claims available in your case, recoverable compensation may include:
- All medical expenses, including emergency treatment, surgery, hospitalization, and ongoing prescriptions
- Future medical costs for permanent conditions requiring continued care
- Physical, occupational, and cognitive rehabilitation
- Salarios perdidos no cubiertos por el seguro de accidentes de trabajo
- Full loss of future earning capacity
- Assistive devices and home modifications
- Dolor y sufrimiento
- Emotional distress and mental anguish
- Loss of enjoyment of life and loss of consortium
- Cicatrices y desfiguración
- Punitive damages in cases involving gross negligence or willful violations
Filing Deadlines You Cannot Afford to Miss
New York’s statute of limitations gives most construction accident victims three years from the date of injury to file a personal injury lawsuit against private parties. For wrongful death claims, the window is two years. If any government entity is involved, like the City of New York, a state agency, the MTA, or a municipal contractor, you may have as few as 90 days to file a Notice of Claim, with additional, shorter deadlines following.
For workers’ compensation, you must notify your employer within 30 days of the injury and file a formal claim with the state within two years. Missing these deadlines can permanently bar your right to compensation, regardless of how strong your case is on the merits. Contact a New York construction accident attorney as soon as possible after your injury.
A Note on Undocumented Workers
All construction workers in New York, regardless of immigration status, have the right to pursue compensation for injuries sustained on the job. Employers and contractors cannot use a worker’s immigration status against them in a lawsuit or workers’ compensation proceeding. Undocumented workers are entitled to the same protections under New York Labor Laws §§200, 240, and 241 as any other worker.
If you are an undocumented worker injured at a New York construction site, contact us confidentially. Your rights are the same, and we will fight for them.
Steps to Take After a New York Construction Accident
What you do in the hours and days following a construction accident can significantly affect the strength of your legal claim. Where possible:
- Seek medical attention immediately, even if your injuries appear minor; some serious conditions have delayed symptoms.
- Report the accident to your employer or site supervisor and ensure it is officially documented.
- Photograph the accident scene, including any absent or damaged safety equipment, the area where the accident occurred, and your visible injuries.
- Collect the names and contact information of witnesses.
- Do not give recorded statements to insurance company representatives before speaking with an attorney.
- Preserve all medical bills, pay stubs, and out-of-pocket receipts.
- Contact Jacoby & Meyers, LLP for a free case evaluation.
Why Jacoby & Meyers for Your New York Construction Accident Case
Lawyer, Andrew Finkelstein
Jacoby & Meyers, LLP has been fighting for injured New Yorkers for nearly 50 years. Our construction accident attorneys are recognized by the National Trial Lawyers Top 100 and the Multi-Million Dollar Advocates Forum, and we have recovered millions of dollars for construction accident victims and their families across New York City and the surrounding region.
We maintain offices in the Bronx, Brooklyn (two locations), Manhattan, Staten Island, East Meadow, and beyond, making it easy for injured workers anywhere in the New York metro area to access experienced legal representation. We work on a strict contingency fee basis: no upfront costs, and no attorney’s fees unless we win your case.
Serving Construction Accident Victims Across New York
Our New York construction accident attorneys handle cases in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Long Island, Westchester, and throughout New York State. Wherever your accident occurred, we are ready to help.
Call us or contact us online to schedule your free, no-obligation case evaluation. There is never a fee unless we win.
Testimonios de clientes
«Si no fuera por el equipo legal integral de expertos de Jacoby & Meyers, no estaría donde estoy hoy con mi recuperación. Recomiendo encarecidamente contratar a Jacoby & Meyers si alguna vez te ves involucrado en un accidente y necesitas que una persona o empresa se haga responsable de su negligencia». -C.J.
★★★★★
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Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
(212)-445-7000