New York Construction Labor Union Injury Lawyers

Representing New York Construction Labor Unions and Injured Union Workers

For more than 50 years, Wingate, Russotti, Shapiro, Moses & Halperin, LLP has stood with injured construction workers and their families throughout New York. Our firm understands the pride, skill, and discipline that union construction workers bring to the job every day. We also understand how quickly a preventable job site accident can change a worker’s life, career, finances, and future.

WRSMH represents injured construction workers and their families in serious construction accident cases. Construction and work accidents are a major focus of our practice, and our attorneys have recovered substantial results for clients injured on job sites throughout New York. The firm has recovered over $2 billion for clients, and our philosophy is built on preparation, compassion, and results. Every serious case requires careful attention to the facts, the law, the medical evidence, and the long-term impact of the injury.

If you are a union construction worker who was hurt on the job, you may have questions about your rights, your benefits, your ability to sue, and what compensation may be available beyond workers’ compensation. To learn more about your legal options after a job site injury, contact WRSMH today for a free consultation.

What Legal Help Is Available for Injured Union Construction Workers?

Injured union construction workers may have more than one legal option after a jobsite accident. WRSMH may be able to help by:

• Explaining whether workers’ compensation is your only option
• Determining whether you may also have a third-party construction accident claim
• Identifying property owners, contractors, subcontractors, equipment companies, or other parties that may be responsible
• Reviewing key evidence, including accident reports, photos, witness statements, medical records, contracts, and site safety documents
• Evaluating losses that workers’ compensation may not fully cover, such as pain and suffering, lost overtime, reduced earning ability, and lost union benefits
• Helping you understand what steps to take after a serious construction injury

WRSMH has handled many construction accident claims and understands the preparation required to build strong cases for injured workers.

To speak with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, call (212) 986-7353.

How Can a Lawyer Help Me After a Union Construction Accident in New York?

A NYC construction accident lawyer can help you understand whether you have a claim beyond workers’ compensation, identify who may be responsible for your accident, and pursue compensation for losses workers’ comp may not fully cover.

If you were injured on a union construction job, you may simply know that you were hurt, cannot work, and are worried about medical bills and your future. WRSMH can review what happened and determine whether a property owner, general contractor, subcontractor, equipment company, or another party may be legally responsible.

For example:

• If a union carpenter falls because a ladder was not properly secured, workers’ compensation may help with medical care and partial wage replacement. But it may not fully cover pain and suffering, lost overtime, reduced ability to return to the trade, or long-term financial losses. In that situation, WRSMH can evaluate whether New York labor laws apply and whether a separate construction accident claim may be available.
• The same may be true if a union laborer is struck by falling materials, an ironworker falls from an elevated surface, an electrician is injured because of an unsafe opening, a bricklayer is hurt by defective equipment, or a worker is injured in a collapse, trip hazard, elevator accident, demolition accident, or another dangerous jobsite condition.

The key question is whether someone failed to provide a reasonably safe place to work — and whether that failure caused your injury. WRSMH can help you answer that question.

Can I Still Sue After Filing a Workers’ Comp Claim in New York?

Yes, you may still be able to sue in New York after filing a workers’ compensation claim. Workers’ compensation may help pay for medical care and a portion of your lost wages, but it may not be your only legal option after a construction accident.

If someone other than your direct employer contributed to your accident, you may have a separate third-party construction accident claim. This type of claim may be brought against a property owner, general contractor, subcontractor, equipment company, or another responsible party that failed to provide a safe worksite, proper safety equipment, or required protections.

What are the Differences Between a Workers’ Comp Claim and a Construction Accident Lawsuit in New York?

Workers’ compensation and a construction accident lawsuit can help in different ways.

A New York workers’ compensation claim may help you by:

• Paying for medical treatment related to your job injury
• Replacing a portion of your lost wages if you cannot work
• Providing benefits without requiring you to prove who caused the accident
• Covering certain work-related injuries through your employer’s insurance system

However, workers’ compensation may not cover everything you lost. It generally does not fully compensate you for pain and suffering, lost overtime, the full impact on your future earning ability, lost union benefits, or the personal toll of a serious injury.

A construction accident lawsuit may help you by:

• Allowing you to pursue compensation beyond workers’ compensation
• Seeking damages for pain and suffering
• Addressing long-term lost income if you cannot return to your union trade
• Accounting for lost overtime, reduced earning capacity, and future financial losses
• Holding a property owner, general contractor, subcontractor, equipment company, or another responsible party accountable
• Helping recover damages for the full impact of a life-changing construction injury

For many injured union construction workers, the question is not workers’ comp or a lawsuit. The question is whether workers’ comp is only part of the recovery available. WRSMH can review what happened, determine whether a third-party claim may be available, and explain how a construction accident lawsuit may help you seek compensation for losses that workers’ compensation does not fully cover.

What are My Rights as a Union Construction Worker in New York?

New York has specific labor laws that may protect construction workers when owners, contractors, or other responsible parties fail to provide a reasonably safe work environment. These laws can be especially important in cases involving falls from heights, falling objects, unsafe scaffolding, ladder accidents, demolition work, excavation work, and other dangerous jobsite conditions.

Here is a breakdown of some of the laws that may apply:

New York Labor Law § 240 (Scaffold Law)

New York Labor Law § 240, often called the “Scaffold Law,” protects construction workers from certain elevation-related hazards. It may apply when a worker falls from a height or is injured by a falling object that should have been properly secured.

This law may require contractors, owners, and their agents to provide proper safety devices for covered work, including scaffolds, ladders, hoists, slings, braces, ropes, pulleys, and other protective equipment.

For union construction workers, Labor Law § 240 may be important in accidents involving:

• Unsafe or collapsing scaffolds
• Unsecured or defective ladders
• Missing fall protection
• Falls from roofs, beams, platforms, hoists, or other heights
• Falling materials, tools, or equipment that were not properly secured

These cases often require a close look at the work being performed, the safety devices provided, the jobsite conditions, and whether the accident involved an elevation-related risk covered by the law.

New York Labor Law § 241

New York Labor Law § 241 applies to construction, excavation, and demolition work. It requires certain owners, contractors, and agents to follow specific safety rules designed to protect workers on construction sites.

This law may be important when an accident involves a violation of the New York Industrial Code, which contains detailed safety rules for construction work.

For union construction workers, Labor Law § 241 may be relevant in accidents involving:

• Unsafe flooring, walkways, or passageways
• Unprotected openings or holes
• Debris, slipping hazards, or tripping hazards
• Dangerous demolition or excavation conditions
• Unsafe equipment or machinery
• Improperly stored materials
• Failure to follow required construction safety rules

These cases often require a close look at the jobsite condition, the type of work being performed, and whether a specific Industrial Code safety rule was violated.

New York Labor Law § 200

New York Labor Law § 200 addresses the general duty to provide reasonable and adequate protection for the health and safety of workers and others lawfully on a worksite.

In construction accident cases, this law may apply when an owner, contractor, or another responsible party had control over the worksite, supervised the work, or knew — or should have known — about a dangerous condition and failed to correct it.

For union construction workers, Labor Law § 200 may be relevant in accidents involving:

• Unsafe jobsite conditions
• Hazards that were reported but not fixed
• Poor site maintenance
• Dangerous work areas controlled by an owner or contractor
• Negligent supervision or direction of the work
• Failure to correct a known safety problem
• Unsafe equipment, debris, or worksite layout

These cases often focus on who had control over the worksite, who knew about the hazard, and whether that party failed to take reasonable steps to protect workers.

What Makes Union Construction Accident Cases Different?

Union construction accident cases often involve workers with specialized training, defined job duties, collective bargaining protections, and important benefits tied to their ability to remain in the trade. When a union worker is seriously injured, the harm may extend far beyond immediate medical bills.

A serious injury can affect pension credits, annuity contributions, health coverage, overtime opportunities, future promotions, and the worker’s ability to return to the same trade. A worker who spent years developing skill in a physically demanding union trade may not easily transition to different work after a major injury.

That is why these cases require a careful analysis of the worker’s full economic loss. It is not enough to look only at the paycheck missed immediately after the accident.

A strong case may also examine:

• future lost earnings
• reduced earning capacity
• lost benefits
• medical needs
• rehabilitation
• future surgeries
• pain, suffering, and the impact on the worker’s family

WRSMH prepares serious injury cases with attention to both liability and damages. Depending on the case, the firm may work with doctors, vocational specialists, economists, engineers, site safety experts, and other professionals when necessary to understand what happened and how the injury has changed the client’s life.

What Compensation Can I Recover After a New York Construction Accident?

The compensation available in a union construction accident case depends on the facts, injuries, liability, insurance coverage, and long-term losses. In a third-party personal injury claim, injured workers may be able to seek compensation for:

• Medical expenses, including hospital care, surgery, therapy, medication, future treatment, and rehabilitation. A serious construction injury may require years of care, and future medical needs should be considered carefully.
• Lost income and loss of earning capacity. Union workers often lose wages, overtime, benefits, and future earning opportunities after a major injury. If the worker cannot return to the same trade, the financial loss may be substantial.
• Pain and suffering. Construction accidents often cause severe physical pain, emotional distress, loss of independence, and a reduced quality of life. These losses are deeply personal and can be a major part of a claim.
• Permanent disability or disfigurement. Some injuries leave workers with permanent restrictions, scarring, nerve damage, mobility limitations, or the inability to perform the work they once did.
• Loss of benefits. A serious injury may affect union benefits, health coverage, pension contributions, annuity contributions, and retirement planning.
• Wrongful death damages. When a construction accident is fatal, surviving family members may have the right to pursue compensation for the losses caused by the death of their loved one.

Because these cases are high stakes, it is important to work with a law firm that understands how to document the full value of the claim.

What Is WRSMH’s Process for Building a Construction Accident Case?

WRSMH begins by looking closely at how the accident happened, who was involved on the jobsite, and what safety rules may apply. In a construction accident case, the early investigation can be important because equipment may be moved, site conditions may change, and witnesses may become harder to reach.

The process may include reviewing:

• Accident reports
• Jobsite photos or video
• Witness statements
• Medical records
• Contracts between owners, contractors, and subcontractors
• Site safety documents
• OSHA materials or Industrial Code issues
• Union records, when relevant
• The worker’s job duties and role on the site
• The long-term effect of the injury on the worker’s ability to work

Depending on the facts of the case, WRSMH may also consult with qualified experts when necessary. These experts may help explain how the accident occurred, whether required safety protections were missing, and how the injury may affect the worker’s future.

This process matters because construction accident cases often involve several companies, different layers of responsibility, and disputes over what caused the accident. By gathering evidence early and understanding the full impact of the injury, WRSMH can evaluate whether a claim may be available and how to present the case effectively.

WRSMH Construction Accident Case Results

When union construction workers are seriously injured, results matter. WRSMH has handled significant construction accident cases for workers and families throughout New York, helping clients pursue compensation after life-changing jobsite injuries. While every case is different, these results show the firm’s experience handling serious construction accident claims.

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

Wingate, Russotti, Shapiro, Moses & Halperin, LLP, 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. Despite the defendants' insurer refusing to settle and downplaying the injuries by highlighting the plaintiff’s previous car accidents, our firm 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.

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

After several weeks of trial, Phil Russotti obtained a verdict in excess of $18 million dollars on behalf of a 42-year-old construction laborer and his wife. The laborer fell three stories from a defective scaffold and suffered comminuted fractures of his left calcaneus, osteomyelitis in the left heel and a painful neuroma in his foot.

Prior results do not guarantee a similar outcome.

What Our Clients Say

Choosing a lawyer after a serious construction accident can feel overwhelming. Hearing from past clients can help injured workers and their families understand the level of care, communication, and commitment WRSMH brings to serious injury cases.

“They were thorough, courteous professional, compassionate and efficient every step of the way. I felt very competent and secure knowing they were handling a very important part of my future. I would highly recommend this law firm to anyone in need of true quality care and real results in a timely manner!” - Patrick McFadden (5-Star Google Review)

I recommend this law firm 100%. Couldn't thank them enough - Yennifer C. (5-Star Yelp Review)

Why Choose WRSMH for a New York Union Construction Accident Case?

Union construction workers and their families need a law firm that understands serious jobsite injuries and has the resources to take on powerful defendants, contractors, property owners, and insurance companies.

WRSMH offers:

• More than 50 years of experience representing injured New Yorkers
  The firm has spent decades helping injured workers and families pursue justice after serious accidents.
• Over $2 billion recovered for clients
  WRSMH has a long history of securing significant results in personal injury and construction accident cases.
• Extensive experience with construction and work accident claims
  Construction accidents are a major focus of the firm’s practice, including cases involving unsafe jobsites, falls, scaffolding, ladders, falling objects, equipment failures, and other serious worksite hazards.
• A courtroom-focused approach
  WRSMH prepares cases thoroughly, with attention to the facts, medical evidence, applicable law, and the long-term impact of the injury.
• Recognition from respected legal organizations
  The firm and its attorneys have been recognized by U.S. News & World Report, Super Lawyers, Best Lawyers, the Multi-Million Dollar Advocates Forum, Avvo, Martindale-Hubbell, and the American Institute of Personal Injury Attorneys.
• An understanding of what union workers stand to lose
  A serious construction injury can affect your wages, benefits, pension credits, ability to work in your trade, and future financial security.
• Compassionate support for injured workers and families
  WRSMH understands that a serious injury can bring pain, uncertainty, financial stress, and fear about the future. The firm approaches these cases with the seriousness and care they deserve.

Do You Have to Pay Upfront to Speak With WRSMH?

No. WRSMH offers free consultations, so injured union construction workers and their families can contact the firm to discuss what happened, ask questions, and learn whether they may have a case.

The firm also handles construction accident cases on a contingency fee basis. That means you do not pay attorney’s fees upfront. The legal fee is only collected if compensation is recovered for you.

During your consultation, WRSMH can explain your potential legal options and help determine whether a third-party claim may be available in addition to workers’ compensation benefits.

Other Locations We Serve in New York

• Bronx
• Brooklyn
• Manhattan
• Queens
• Staten Island

Speak With a New York Construction Labor Union Injury Lawyer Today

If you are a union construction worker who was injured on a New York jobsite, you deserve answers. You may be dealing with pain, medical treatment, missed work, pressure from insurance companies, and uncertainty about your future. You do not have to face the legal process alone.

Wingate, Russotti, Shapiro, Moses & Halperin, LLP represents injured construction workers and their families throughout New York. Our firm has the experience, resources, and dedication to investigate serious jobsite accidents and pursue accountability from responsible parties.

Contact WRSMH today for a free consultation at (212) 986-7353.

Additional Information

• Federal Wage and Hour Violations Increase in Recent Years According to Department of Labor
• Increase in Construction Accident Deaths Prompts Unions to Step Up