New York Construction Accident Lawyer

As a New York construction worker, you know your work is dangerous and demanding. You use heavy machinery, climb great heights, and perform your duties in an unforgiving environment. You can avoid most accidents by staying vigilant; however, others around you, whether your boss or fellow employees, may not do the same.

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Recent Case Results

^$36.25 Million Construction Worker Fell Onto a Concrete Floor

^$18 Million Verdict for Construction Worker Who Fell from a Defective Scaffold

^$11.76 Million Labor Law Construction Accident with Single-Level Lumber Fusion

^$11.1 Million NY Construction Worker Fell from Ladder

View More Case Results

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.

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.

Protecting NYC Construction Workers for Over 50 Years

Don’t let contractors or insurers minimize your claim. Contact WRSMH at (212) 986-7353 and let our award-winning attorneys fight for the compensation you deserve.

Do You Have a New York Construction Accident Case?

Not every workplace injury automatically results in a personal injury lawsuit, but many construction accidents do qualify. In New York, several legal protections exist for workers, including Labor Law Sections 200, 240, and 241(6), which hold property owners and contractors accountable when they fail to provide safe working conditions.

To have a valid case, you generally need to show:

You were injured on a construction site in New York City.
Another party was negligent or violated safety laws.
Your injury caused measurable harm, such as medical bills, lost income, or long-term disability.

For example, if you fell from scaffolding because a site failed to provide required fall protection, that may create liability under New York’s Scaffold Law (Labor Law §240). Similarly, if a trench collapsed because of inadequate shoring or bracing, the site’s general contractor may be responsible.

At WRSMH, we carefully evaluate every detail of your accident to determine whether you have a strong case under state law.

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.

What Are Common NYC Construction Accident Injuries?

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

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.

What Damages Can You Get for a Construction Accident?

The compensation available depends on the details of your case, but generally, you may recover damages for:

Medical expenses: Hospital bills, surgeries, rehabilitation, medication, and future care.
Lost income: Wages you’ve already missed and loss of future earning capacity if you cannot return to your job.
Pain and suffering: Physical pain, emotional trauma, and the lasting impact on your quality of life.
Loss of consortium: Compensation for the impact your injury has on your relationship with your spouse or family.
Wrongful death damages: Funeral costs, lost financial support, and emotional losses for surviving family members.

Our New York Construction Accident Attorneys work with financial and medical professionals to ensure your damages fully account for both present and future losses.

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:

Ensure all safety gear, like harnesses, is in good condition.
Conduct thorough safety checks before commencing work at height.
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:

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

What’s the Legal Process for a Construction Accident Case?

Understanding the steps ahead can make the process less overwhelming.

Initial Consultation

Your case begins with a free consultation. You’ll meet with one of our attorneys to discuss how the accident happened, the injuries you’ve suffered, and how your life has been impacted. We’ll explain your legal options and whether you have a viable claim.

Investigation

Our legal team immediately begins building your case. We collect accident reports, safety records, photographs, medical documentation, and witness statements. We also work with construction experts, engineers, and medical professionals to provide authoritative testimony about what went wrong and how it affected you.

Filing the Claim

Once we’ve built the foundation of your case, we file a formal claim against the responsible parties. This could be a property owner, a general contractor, a subcontractor, or even an equipment manufacturer.

Negotiations

Insurance companies often try to minimize claims. At WRSMH, we negotiate aggressively, always prepared with the evidence and expert testimony needed to demonstrate the full value of your case.

Litigation

If the other side refuses to offer a fair settlement, we are ready to go to trial. Our attorneys prepare every case as if it will be presented to a jury. This level of preparation improves trial outcomes and strengthens settlement negotiations.

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.

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:

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

Fighting for Injured Construction Workers Across New York

Injured on a New York City construction site? You may have rights beyond workers’ compensation. Call (212) 986-7353 for a free consultation with WRSMH.

Weather-Related Accidents & 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.

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.
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.
Speak with an experienced NYC construction accident lawyer so they can start to investigate the accident and offer strategies for strengthening your claim. 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.
Contact the proper authorities, such as the Occupational Safety and Health Administration (OSHA), to investigate your accident.

Wrongful Death Claims

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.

There is additional compensation available when a fatal accident involves a wrongful 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.

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.

What Are Employers Required to Do?

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.

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.

How to Document a 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.

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.

Undocumented Construction Workers Have Rights

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.

Some of Our Construction Accident Case Results

$11.76 Million Verdict - Labor Law Construction Accident with Single-Level Lumbar Fusion

Wingate, Russotti, Shapiro, Moses & Halperin, LLP, attorney Frank J. Lombardo secured an $11.76 million verdict for a Union Local No. 1 journeyman plumber in Queens County, who suffered serious injuries from a Labor Law construction accident at 30 Rockefeller Center. The plaintiff was struck by a falling 4-inch copper pipe and a bucket of tools, leading to a herniated disc and a knee injury that required multiple surgeries. Despite the defendants' insurer refusing to settle and downplaying the injuries by highlighting the plaintiff’s previous car accidents, Frank demonstrated that the injuries sustained were new and severe, impacting the plaintiff’s ability to work. The jury awarded the plaintiff and his wife substantial compensation for pain, suffering, lost earnings, medical expenses, and loss of services, totaling $11,756,810.00.

$2,000,000 Settlement - Construction Accident: Ladder Fall Caused by Demolition

WRSMH Of Counsel attorney David M. Hoffman was able to obtain a settlement in the amount of $2,000,000.00 for a 37-year-old demolition worker who was injured in an accident at a construction site. The accident occurred when a segment of air conditioning ductwork fell from overhead, striking an 8-foot, A-frame metal ladder he was standing on, and causing both the Plaintiff and the ladder to fall approximately six feet to the ground below. No safety devices were present to prevent his fall, no scaffolds or duct lifts were made available to him to use to perform his work, and no one was holding the ladder for him at the time of the incident. As a result of this incident, the Plaintiff suffered serious injuries to his neck, left ankle, and lower back, requiring both a lumbar spinal surgery and an ankle surgery.

What Our Clients Have to Say About Us

I knew I was in good hands- 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!

Thank you very much- Gennady K. (5-Star Yelp Review)

Kenneth Halperin, with his paralegal helped me very much. I got injured in construction in NY. I was waiting for a trial with my employer to get money for damages. Kenneth Halperin was my lawyer. But, suddenly, my mother died. She lived in another country. I had to return to my country. Later, I tried to get a visa to America, but the US embassy refused me. I thought I would never get paid for my injuries. But my lawyer made the settlement with my employer and received the money. Later, he sent the money to me in my country. I am very glad that I had such a good lawyer. He is a very honest person. Everyone can trust him completely. Thank you very much.

Other Locations We Serve in New York

Our New York Construction Accident Attorneys Are Ready to Help

Construction accidents change lives in an instant. At WRSMH, we prepare every case as if it’s going before a jury, and our results prove it.

Call (212) 986-7353 today to protect your future.

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.

Who Can Be Held Liable for a Construction Accident?

Depending on the circumstances, liable parties may include property owners, general contractors, subcontractors, equipment manufacturers, or site managers.

How Long Will My Case Take?

The timeline depends on the complexity of your case and whether it goes to trial. Some cases resolve in months, while others take years.

Can undocumented workers file construction accident claims in New York?

Yes. Your immigration status does not prevent you from seeking compensation for injuries on the job.

What if the accident caused a permanent disability?

You may be entitled to significant compensation for lifelong medical needs, loss of earning capacity, and long-term care.

Meet Our Attorneys

Phil Russotti

New York Attorney Registration Number: 1154855

Phil Russotti is a senior partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, and one of New York’s premier personal injury trial attorneys. With a deep commitment to justice and strategic trial preparation, he has secured numerous multi-million-dollar verdicts and settlements in cases involving medical malpractice, construction accidents, police shootings and construction injuries.

Clifford H. Shapiro

New York Attorney Registration Number: 2036911

Clifford H. Shapiro is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Since joining the firm in 1986, he has handled numerous of cases involving motor vehicle collisions, construction accidents, and premises liability. Cliff is known for his aggressive negotiation strategies and commitment to achieving full compensation for his clients. He plays a key role in settlement coordination and pre-trial litigation.

Bryce Moses

New York Attorney Registration Number: 2673747

Bryce Moses is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, and a skilled trial attorney with a track record of winning high-value verdicts and settlements. Bryce brings sharp litigation instincts to complex personal injury cases, including construction accidents, premises liability, and vehicle collisions. He is known for his courtroom presence, strategic thinking, and client-focused approach.

Ken Halperin

New York Attorney Registration Number: 2549905

Kenneth J. Halperin is a partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. He focuses on construction accidents, premises liability, and motor vehicle collisions, and has secured numerous multi-million-dollar settlements and verdicts for his clients. He is a seasoned negotiator and litigator committed to protecting injured New Yorkers.