New York Construction Accident Lawyer

Are You in Need of a NYC Construction Accident Lawyer?

For injured construction workers in NYC, workers' compensation provides medical coverage and partial wage replacement. However, you could be eligible to receive additional compensation if you file a third-party lawsuit.

The New York construction accident lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, will advise you about your options for maximizing your compensation. We can also assist you with the workers' comp process.

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Why Choose Us Over Other NYC Construction Accident Law Firms?

WRSMH has been helping people in New York City for over 50 years, and we're one of the most successful workers' compensation law firms in the nation. We won't let anything stand in our way when we seek justice for injured NYC construction workers.

Wingate, Russotti, Shapiro, Moses & Halperin, LLP | Construction Accident Lawyers in New York City

• We offer a free initial consultation to discuss the details of your case.
• We have won over $2 billion for our clients!
• Our law firm is recognized as one of the Best Law Firms by U.S. News & World Report.
• Several of our attorneys belong to the Multi-Million Dollar Advocates Forum.
• Honored by the American Institute of Personal Injury Attorneys™ as one of the top law firms in New York City for client satisfaction.

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Do You Have a New York Construction Accident Case?

When you meet with our New York City construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we'll review your options for seeking compensation through a third-party lawsuit. In a construction accident case, this may include:

• Construction site owners are responsible for maintaining a safe environment.
• Contractors must ensure safety protocols are followed.
• Equipment vendors should provide safe and functioning equipment.
• Manufacturers need to ensure there are no defects in their products.

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Lawyers Represent New York City Workers Injured in Construction Site Accidents

If you have been injured or lost a loved one on a construction site, you may be entitled to compensation from the company and possibly other parties. The experienced New York City construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have witnessed the devastating results of construction accidents. You should not have to handle your issues alone. Let us help you get the financial assistance you need. Call (212) 986-7353 to discuss the details of your case.

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What Are Common NYC Construction Accident Injuries?

Injuries commonly sustained in construction accidents are usually severe in nature. They include:

• Traumatic brain injury (TBI)
• Spinal cord injury
• Bone fractures
• Partial or total paralysis
• Electrocution
• Burns
• Amputations
• Exposure to toxic substances
• Knee and back injury

Even a so-called "minor" accident can result in serious consequences. An injured construction worker may be burdened with exorbitant medical bills and lost wages during recovery. He or she may lose the ability to collect wages altogether if the injury is debilitating enough. In especially catastrophic incidents, a worker may suffer an injury that requires decades of treatment, therapy, and rehabilitation, which do not even guarantee a full recovery. The associated expenses can amount to six- or seven-figure sums. The aftermath of a construction accident can be one of the most trying experiences in life. It is imperative that you speak with an experienced New York Construction Accident Lawyer asap.

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Examples of Types of New York Construction Accidents

Employers and other parties have a legal obligation to provide safe working conditions. This includes complying with OSHA regulations and other safety standards. Failure to meet these obligations can lead to devastating injuries.

Scaffolding Accidents

Scaffolding accidents in New York are among the most common causes of injuries and permanent disabilities on construction sites. Such structures are essential for reaching high places, but they can be dangerous if not properly maintained. For example, improper assembly or defective scaffolding can cause the structure to give way, leading to devastating accidents.

Moreover, falls from scaffolding structures may occur due to poor construction, lack of fall protection, or inadequate guardrails.

Construction companies can do their part to prevent falls by doing the following:

1. Ensure all safety gear, like harnesses, is in good condition.
2. Conduct thorough safety checks before commencing work at height.
3. Provide adequate training on fall prevention techniques.

Electric Shock Accidents

Electric shock accidents occur when workers come into contact with live electrical wires. This type of accident can result in serious injury or death.

Proper training and safety protocols are vital to prevent these accidents. Additional measures for preventing electric shock include the following:

• Regularly conducting safety briefings
• Clearly labeling electrical hazards
• Enforcing strict safety protocols at all times

Traffic Collisions

Traffic collisions on construction sites may occur when vehicles and pedestrians share space. Regular safety meetings must be conducted to address potential issues and reinforce safe practices. Workers should also be encouraged to report unsafe conditions to foster a proactive safety culture.

Hazardous Material Exposure

Construction sites frequently contain chemicals that can be harmful if not handled properly. Exposure to hazardous materials can lead to serious health issues, including respiratory problems, cancer, organ damage, and birth defects.

Employers must provide adequate protective gear, prevent the release of toxic materials, and ensure that all hazardous materials are clearly labeled.

Struck-by Objects and Falling Objects

Another major concern at construction sites is when workers experience struck-by or falling objects. Supervisors must ensure that tools and materials are securely fastened to prevent these accidents.

Implementing safety measures like overhead netting will also help protect workers. Helmets must also be required at all times.

Machinery Accidents

Heavy equipment like forklifts causes severe injuries if not operated correctly. Workers must be trained in safe operation practices.

Caught-in or between accidents happen when workers are trapped between objects or equipment. Employers must enforce strict safety standards, provide regular training, and keep machinery well-maintained to protect workers.

Slip-and-Falls

Slip-and-fall accidents occur due to uneven surfaces, spilled liquids, or objects left in walkways. Maintaining a tidy worksite is essential to reduce such risks.

Employers and other responsible parties must prioritize safety measures to protect their workforce, including:

• Regular site inspections
• Ensure pathways are clear of obstacles
• Conduct regular safety audits

Crane Accidents

Employers and other responsible parties must take the following steps to prevent crane accidents:

1. Operator errors often stem from inadequate training. Ensuring that operators are certified and experienced can drastically reduce accidents.
2. Mechanical failures can be prevented by conducting regular maintenance checks and identifying potential faults before they lead to accidents.
3. Environmental factors, such as wind or unstable ground, should be assessed before operating cranes to ensure safe conditions.

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What Is the Statute of Limitations for a Construction Accident Case in New York?

The statute of limitations is the legal deadline for filing a lawsuit. In New York, victims and their families generally have three years from the date of the accident to file a personal injury lawsuit and two years to initiate a wrongful death case.

Meeting these deadlines is crucial. If you wait too long, you may lose your right to file a lawsuit. Early legal intervention can lead to better outcomes by allowing for a thorough investigation and preparation of your case.

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How a New York Construction Accident Attorney Can Help

The experienced construction accident lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, understand the nuances of construction law. We'll find the best legal strategy to maximize your compensation by providing the following services:

1. Free consultation to meet with a lawyer and discuss your case.
2. Investigation, where we gather evidence, including photos, safety records, and witness statements.
3. Filing a claim is where our lawyers will file personal injury claims against all liable parties.
4. Negotiations involve talks with insurance companies or opposing parties to seek a fair settlement.
5. Trial happens if no settlement is reached, and WRSMH will take your case to court.

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How Weather-Related Accidents Pose Risks for Construction Workers in New York

Weather-related NY construction accidents pose significant risks due to varying conditions. High winds can cause falls, blow over equipment, and scatter debris. Rain and snow make surfaces slippery, increasing fall risks, while extreme heat can lead to heat stroke or dehydration. Lightning poses a severe risk for electrocution, especially when working with metal structures or tools.

Employers must implement safety measures to mitigate these risks. This includes monitoring weather forecasts, halting work during extreme conditions, providing appropriate protective gear, and ensuring proper site drainage to avoid flooding. Additionally, employers should train workers on recognizing weather-related hazards and emergency procedures.

If injured in a weather-related construction accident, filing a claim involves several steps. First, seek medical attention immediately and document the injury and conditions. Report the incident to your employer as soon as possible. Gather evidence, such as photographs of the accident scene and witness statements. Then, file a workers’ compensation claim through your employer’s insurance. Consulting with a New York construction accident attorney can help ensure your rights are protected and you receive the compensation you deserve for your injuries.

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What Should I Do After Suffering a Construction Accident Work Injury in New York City?

• Seek immediate medical attention since your health is your priority. You should see a doctor as soon as possible. Your employer may refer you to a medical practitioner who has been screened by the New York Workers’ Compensation Board. It’s a good idea to write down everything you can remember about the incident before seeing the doctor so you can provide them with as many details as possible. This will help the doctor provide the best care possible and strengthen your workers’ compensation claim. Be sure that the doctor who treats you knows that the injury happened at work.
• Request a disability rating by asking the doctor if your injury will temporarily prevent you from performing your regular job duties. If they say it will, make sure you get a note from the doctor specifying when you can resume work. It’s important to start working again when you are up to it. Workers’ compensation insurance may be able to help cover your lost wages for the time you have to take off from work due to injury.
• Provide an accident report to your employer since they are required to file a workers’ compensation form with their insurance company right away. You want to provide an accident report as soon as possible. You have up to 30 days to give your employer the report, but the sooner you submit it, the sooner the claims process will begin. The report should include the time and date of the incident and where it occurred, and you will want to supply as many details as possible.
• Speak with an experienced NYC construction accident lawyer so they can start to investigate the accident and offer strategies for strengthening your claim. They can talk about the benefits that may be available to you. Your lawyer can also answer any questions about the workers’ compensation claim process, such as what to do if you have a preexisting condition.
• File your claim by informing your employer about a workplace injury. This will allow you to be given a Claimant Information Packet that includes an Employment Form (Form C-3). Fill out the form, sign it, and mail it to the Board. You can call (877) 632-4996 for assistance.
• Contact the proper authorities, such as the Occupational Safety and Health Administration (OSHA), to investigate your accident.

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What You Need to Know After a Fatal Construction Accident in NYC

According to the U.S. Bureau of Labor Statistics (BLS), there are well over 4,000 fatal work injuries each year. In the construction industry alone, there are nearly 1,000 worker fatalities across America. That means about 1 in every 5 American workers killed on the job is in the construction industry.

The family of a deceased construction worker killed on the job can pursue compensation for their tragic losses through the employer’s workers’ compensation insurance. Death benefits under workers’ compensation should include support for funeral and burial expenses and installment payments like those for temporary total disability benefits.

But, there is additional compensation available when a fatal accident involves a wrongful death. A wrongful death results from someone else’s negligence or wrongdoing. When filing a wrongful death action after a construction accident, the families of victims must prove:

• The construction company was negligent
• The worker died as a result of the at-fault party’s negligence or wrongdoing
• The victim had close family members who suffered losses because of their death

A New York wrongful death claim can include financial compensation for damages not covered by workers’ compensation death benefits. A wrongful death claim can result in compensation for loss of financial support, loss of love and emotional support, loss of quality of life, and the pain and suffering your loved one endured before their passing.

If you’ve lost a loved one in a construction accident, DO NOT accept any settlement offers until you speak with an experienced New York Construction Accident lawyer. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, will fight to get you the settlement you deserve.

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Role of OSHA Safety Regulations

Safety regulations play a critical role in construction injury cases by establishing standards designed to protect workers. The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction sites, including equipment use, fall protection, and hazard communication guidelines. Additionally, state regulations may impose further requirements tailored to local conditions and risks.

Employers must comply with these safety regulations to ensure a safe working environment. This includes regular safety training, maintaining equipment, and implementing protective measures like guardrails and safety nets. Employers must also perform routine inspections to identify and rectify hazards promptly.

In New York construction injury cases, evidence of non-compliance with OSHA or state safety standards can significantly strengthen a worker’s claim. Demonstrating that an employer failed to meet their safety obligations can establish negligence, leading to liability for the injury. Compliance with safety regulations is not only a legal requirement but also a fundamental aspect of preventing accidents and protecting workers’ well-being on construction sites.

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Responsibilities of NYC Construction Site Employers

Your employer is required to keep workers’ compensation insurance coverage for employees. A notice of such coverage must be posted in a conspicuous place. Upon request, your employer must grant you access to all records, books, and payrolls. Your employer can be fined for not keeping accurate four-year records of wages, employee classifications, and accidents. Employers are also required to participate in a mandatory safety and loss prevention program if they have an Experience Modification Factor (actual losses divided by expected losses) of greater than 1.2 and a payroll in excess of $800,000.

Employers may not discriminate against an applicant or employee simply because he or she has claimed workers’ compensation in the past. Your employer is required to report any injury or illness resulting in loss of time from regular duties or medical treatment. They must also report your wages or other compensation and changes to your work status to the chair of the Workers’ Compensation Board. Injury reports must also be filed with your employer’s insurance carrier. An injury report must be kept on file for 18 years.

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How Does Workers' Compensation Work in New York?

This insurance provides money for medical care and lost wages for injuries suffered on the job. Workers covered by workers’ comp may not file lawsuits against their employers; however, some businesses may try to lessen a workers’ comp claim or disprove it entirely.

If your claim is denied, you should contact an experienced NYC workers’ compensation lawyer to guide you. Once your claim is denied by your employer’s insurance company, you can file an appeal with the New York Workers’ Compensation Board. You will need to fill out paperwork and file it with the Board, then attend a hearing to appeal the insurance company’s decision. Legal representation can help build your case and ensure you file the paperwork properly, meet necessary deadlines, and present your case professionally to the Board. The Board’s ruling on your appeal is final, so it is important to do it right.

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How to Document Your NY Construction Injury

Thoroughly documenting a construction injury is indispensable for supporting your injury claim. Start by taking photographs and videos of your injuries and the accident scene. Capture the area from multiple angles, including any equipment or conditions contributing to the accident. Visual evidence can be compelling in demonstrating the severity of your injury and the circumstances that caused it.

Medical records are essential. Keep detailed records of all treatments, including doctor’s notes, diagnostic tests, prescriptions, and rehabilitation plans. These documents clearly show the impact of the injury on your health and the necessary medical interventions.

Witness statements add another layer of validation. Obtain contact information and recorded statements from anyone who witnessed the accident. Written or video statements detailing what they saw can corroborate your account of the incident.

Lastly, request workplace safety reports from your employer. These reports may include information about previous safety inspections, any hazards identified, and the employer’s compliance with safety regulations. Such documents can highlight any lapses in safety protocols that contributed to your injury.

Together, these steps create a comprehensive record that can substantiate your claim, making it easier to pursue compensation and hold responsible parties accountable for the construction injury.

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What You Should Know About Undocumented Construction Worker Accidents

Undocumented workers injured in construction accidents have the same rights to legal protection and compensation as documented workers. They are eligible for workers’ compensation benefits, including medical expenses and lost wages. Undocumented workers should report the injury to their employer and file a workers’ compensation claim to pursue compensation.

Legal resources, such as workers’ rights organizations and immigration advocacy groups, offer support and guidance. Consulting with a construction accident attorney familiar with undocumented worker rights can help ensure fair treatment and access to necessary benefits, regardless of immigration status.

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What Our Clients Have to Say About Us

"Can't Say Enough Good Things" - Peter Desiderio (5-Star Google Review)

I was hit by someone else's material falling from above on a construction site. From the moment I started dealing with [WRSMH], I knew I was in good hands. [My attorney] went above and beyond on even the smallest detail. He helped me with everything in a very fashionable and timely manner, from finding the right doctors to settling my case with the least amount of added stress. I just can't say enough good things about this firm. They must have written the book on how this is all supposed to work. For the life of me, I never thought that my dilemma could go so smoothly and I would be so happy with the results. Thank you so much!

"They Were Able to Obtain a Big Settlement Amount" - Gabby C. (5-Star Google Review)

My father, a union worker, had a terrible work accident, and both Fatos Dervishi and Steve Wagner were a tremendous help in providing wonderful legal services to him. They worked really, really hard, pursuing the case against the insurance companies behind the general contractor and also the worksite owner. This included Steve helping my father with a multi-day, very tough deposition. They were able to obtain a big settlement amount at a long, late-night mediation. Moreover, they were caring and considerate at all times. They are great attorneys, and my family considers them great friends as well.

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Other Locations We Serve in New York

• Bronx Construction Accident Lawyers
• Brooklyn Construction Accident Attorneys
• Manhattan Construction Accident Lawyers
• Queens Construction Accident Attorneys
• Staten Island Construction Accident Lawyers

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Contact Our New York City Construction Accident Attorneys for Your Injury

At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have over 50 years of experience. This means you can have confidence that our lawyers are highly experienced in injury cases. We can file your New York workers’ compensation claim and handle appeals and hearings.

Contact us by using our online contact form. You can also call our New York City construction accident attorneys at (212) 986-7353 to discuss your case.

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NY Construction Accident FAQs

Should I Contact a Lawyer Even if I'm Covered by Workers' Compensation?

Yes. Your personal injury lawyers can assist you with the workers' comp process and represent you if your case is denied. Your attorney can also seek additional compensation beyond your workers' comp benefits by filing a third-party lawsuit.

What Should I Do If I've Been Injured on the Job in New York?

See a doctor right away, inform your supervisor about the injury, collect photographs of the accident scene, gather contact information from witnesses, and report the incident to the NYC Department of Buildings (DOB).

What Types of Damages Can I Receive in a Construction Injury Lawsuit?

When WRSMH files a construction accident claim or lawsuit, we seek compensation for medical expenses, lost wages, loss of future earnings, pain and suffering, reduced quality of life, and other damages. We may also seek punitive damages if the negligent party's behavior is egregious, reckless, or willful.

Can Family Members Sue for Wrongful Death After a Construction Accident?

Yes. If your loved one passed away due to a construction site accident, you have the right to seek compensation for medical expenses, funeral and burial costs, and loss of financial support.

How Much Does It Cost to Hire a Construction Accident Lawyer in New York?

It doesn't cost you anything to hire the skilled NY Construction Accident Lawyers at WRSMH to handle your construction accident claim. We take cases on a contingency basis, so you won't owe us anything unless we win you a settlement.

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Additional Information

• Dangerous Construction Jobs in NYC (with Injury Data)
• Third-Party Liability in NYC Construction Accidents: Who Can Be Sued?
• Cleaning Crews at NYC Construction Sites: Hidden Injury Risks for Workers
• Common NYC Building Code Violations That Lead to Construction Worker Injuries
• New York Department of Buildings