New York Construction Accident Lawyer
- Free Consultation. No Attorney Fee Unless We Recover. Costs May Apply.
- Injured on a NYC Construction Site? Call Now for Free Legal Review.
Free Consultation. No Attorney Fee Unless We Recover. Costs May Apply.
Serving Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, and Suffolk County.
NYC Construction Sites: Among America’s Most Dangerous Workplaces
New York City construction sites, regulated by the NYC Department of Buildings (DOB) and OSHA Region 2, see serious worker injuries every year. Construction accident cases are litigated in New York State Supreme Court venues across the five boroughs: New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island).
New York’s Scaffold Law and its construction-site safety rules may give injured workers claims against site owners and general contractors. If you were injured on a NYC construction site, you may be able to pursue compensation in addition to workers’ compensation benefits.
Quick Summary: New York construction workers may be able to sue site owners and contractors under the Scaffold Law and other safety rules. Strict time limits apply, and claims against government entities carry much shorter notice requirements. Recovery depends on the facts and severity of the injury.
Key Takeaways for NYC Construction Accident Victims
Topic
Key Information
Your Legal Rights
Strict Liability Law
Statute of Limitations
Strict time limits apply to construction accident claims, and they vary by case type. Claims against government entities require a notice of claim within a much shorter window and have their own filing deadline. Contact an attorney as soon as possible so your deadlines can be identified.
Construction Fatality Rate
In 2024, 1,034 construction workers died on the job, roughly one in five U.S. workplace deaths. The construction fatality rate was 9.2 per 100,000 full-time workers, nearly three times the all-industry average of 3.3. Source: BLS Census of Fatal Occupational Injuries (2024 data).
Most Common Causes
Falls, slips, and trips remain the leading cause of construction deaths: 389 in 2024, about 38% of the industry total. Transportation incidents caused 244 deaths (about 24%), followed by exposure to harmful substances or environments (187) and being struck by objects or equipment (161).
Average Compensation
Our firm has recovered over $750 million for injured people since 1989. Prior results do not guarantee a similar outcome. Every case is different, and the value of a claim depends on the facts, the injuries, and the available insurance and evidence.
THE TIME TO SUE CAN VARY FROM CASE TO CASE – ALWAYS CONSULT AN EXPERIENCED ATTORNEY TO DETERMINE THE TIME FRAME THAT APPLIES TO YOUR CASE AS SOON AS POSSIBLE AFTER THE ACCIDENT
Any statute of limitation or condition precedent such as a notice of claim cited herein may not apply to your particular case. The time to bring a lawsuit and the conditions upon which it may be brought depend upon many factors including the age and mental capacity of the injured person, whether the party to be sued is a private person, partnership, corporation, government entity or other legal entity, the substance and type of claim that is being made, the place of the accident and other possible factors that may apply at the time of the accident or injury. You are advised to call to confirm the time limits and conditions that apply to your case as soon as possible.
What To Do Right After a Construction Accident in NYC
Legal Term
Definition & NYC Application
Seek Medical Attention Immediately:
Call 911 or have someone transport you to the nearest emergency room. Common NYC trauma centers include Bellevue Hospital, NewYork-Presbyterian, and Elmhurst Hospital. Do not refuse medical treatment at the scene, even if you feel your injuries are minor.
Report the Accident to Your Supervisor:
Notify your foreman, site manager, or employer immediately. New York workers’ compensation law requires prompt reporting. Ask for a written incident report and keep a copy.
Document the Scene:
If physically able, take photos or videos of the accident location, equipment involved, safety hazards, and your injuries. Photograph warning signs (or their absence), broken equipment, and hazardous conditions.
Preserve Evidence:
Keep all safety equipment you were wearing (hard hat, harness, gloves, boots). Do not allow your employer to “repair” or remove defective equipment or dangerous conditions before they are documented.
File a Workers’ Compensation Claim:
You must file a workers’ compensation claim with the Workers’ Compensation Board within the time the law allows, and that time limit is strict. Your employer’s workers’ comp carrier can help with the forms. Workers’ comp provides medical benefits and partial wage replacement regardless of fault.
Do Not Sign Any Settlement or Release:
Insurance adjusters may contact you quickly offering a “quick settlement.” Do not sign anything or give recorded statements without consulting an attorney. These early offers are almost always far below the true value of your claim.
Contact a Construction Accident Attorney:
Consult with an experienced New York construction accident lawyer before giving any recorded statements to insurance companies. An attorney can investigate third-party liability (general contractors, site owners, equipment manufacturers) and pursue compensation beyond workers’ compensation benefits.
Questions About Your Construction Accident? We're Here to Help.
Call (212) 732-2929 or contact us online for a free, confidential consultation. You pay no attorney fee unless we recover money for you. Court costs and disbursements may apply regardless of outcome. Review our fee disclosure.
Key Legal Terms in NYC Construction Accident Cases
Quick Summary: The Scaffold Law can impose strict liability in qualifying gravity-related cases. New York’s Industrial Code safety rules can apply where a sufficiently specific rule was violated. The Labor Law’s common-law negligence provision applies ordinary negligence standards. Understanding these distinctions shapes your legal strategy.
Understanding New York Construction Accident Law
Legal Term
Definition
The Scaffold Law
Imposes strict liability on contractors and property owners for gravity-related injuries (falls from heights, falling objects). Applies to construction, demolition, repair, alteration, and painting work. Injured workers do not need to prove negligence, and comparative negligence is generally not a defense.
Industrial Code Safety Rules
Requires contractors and owners to provide reasonable and adequate protection and safety for workers. Violations of “sufficiently specific” provisions of the state Industrial Code can create liability. Unlike the Scaffold Law, comparative negligence can be a defense to these claims.
Common-Law Negligence (Labor Law)
Imposes common-law negligence duty on contractors and owners to provide a safe workplace. Requires proof that the defendant had notice of the dangerous condition and authority to control the work. Comparative negligence applies.
Industrial Code Part 23
Detailed state safety regulations cover excavation, scaffolding, fall protection, demolition, and other construction activities. Violations of “sufficiently specific” provisions can support an Industrial Code safety claim.
Strict Liability
The injured worker’s partial fault does not reduce the defendant’s liability. The only complete defense is that the worker’s own conduct was the sole cause of the accident, for example where adequate safety devices were provided and required, the worker knew they were available, and unreasonably chose not to use them.
Third-Party Liability
While you cannot sue your direct employer for negligence (workers’ compensation is your exclusive remedy), you CAN sue general contractors, site owners, subcontractors, equipment manufacturers, and other third parties whose negligence contributed to your injuries.
Comparative Negligence
Under New York’s comparative negligence rule, if you are found partially at fault for your injuries (in an Industrial Code or common-law negligence claim), your recovery is reduced by your percentage of fault. You may still recover damages even if you are found mostly at fault. This reduction generally does not apply to Scaffold Law claims.
Statute of Limitations
Strict time limits apply to a personal injury lawsuit, and the limits vary by case type. For government entities (NYC, State of NY, MTA, and others), a notice of claim is required within a much shorter window, and the lawsuit deadline is also shorter. Missing these deadlines can bar your claim permanently. Call us so we can identify the deadlines that apply to you.
THE TIME TO SUE CAN VARY FROM CASE TO CASE – ALWAYS CONSULT AN EXPERIENCED ATTORNEY TO DETERMINE THE TIME FRAME THAT APPLIES TO YOUR CASE AS SOON AS POSSIBLE AFTER THE ACCIDENT
Any statute of limitation or condition precedent such as a notice of claim cited herein may not apply to your particular case. The time to bring a lawsuit and the conditions upon which it may be brought depend upon many factors including the age and mental capacity of the injured person, whether the party to be sued is a private person, partnership, corporation, government entity or other legal entity, the substance and type of claim that is being made, the place of the accident and other possible factors that may apply at the time of the accident or injury. You are advised to call to confirm the time limits and conditions that apply to your case as soon as possible.
Construction Accidents in New York: By the Numbers
Construction work is one of the most hazardous occupations in the United States. According to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries, in 2024:
- 5,070 workers died in workplace accidents across all industries nationwide, a rate of 3.3 deaths per 100,000 full-time equivalent (FTE) workers.
- 1,034 construction workers died on the job—roughly one in five U.S. workplace deaths, and the second-highest death toll of any individual private industry.
- The construction industry fatality rate was 9.2 deaths per 100,000 FTE workers—nearly three times the all-industry average.
- 389 construction workers died from falls, slips, and trips in 2024—about 38% of all construction deaths and the leading cause of death on job sites.
The Occupational Safety and Health Administration (OSHA) has long identified four hazard categories—falls, struck-by accidents, electrocution, and caught-in/between accidents—as the “Fatal Four” leading killers on construction sites. The most recent federal data confirms the pattern: falls, slips, and trips alone caused 389 construction deaths in 2024, about 38% of the industry total, with struck-by and caught-in/between events among the other leading causes.
How NYC Courts Handle Construction Accident Cases
Construction accident cases in New York City are litigated in New York State Supreme Court, the trial-level court of general jurisdiction. Depending on where the accident occurred, your case will be heard in:
- New York County Supreme Court (Manhattan): 60 Centre Street
- Kings County Supreme Court (Brooklyn): 360 Adams Street
- Queens County Supreme Court: 88-11 Sutphin Boulevard, Jamaica
- Bronx County Supreme Court: 851 Grand Concourse
- Richmond County Supreme Court (Staten Island): 18 Richmond Terrace
The Scaffold Law vs. Industrial Code Claims vs. Common-Law Negligence
New York judges and juries apply different legal standards depending on which part of the Labor Law applies to your case:
The Scaffold Law:
- Strict liability standard: You do not need to prove negligence. If you were injured by a gravity-related hazard (falling from a height or being struck by a falling object), and the site owner or general contractor failed to provide adequate safety devices, they may be liable regardless of their level of care.
- Limited comparative negligence defense: Partial fault generally does not reduce your recovery. Defendants may avoid liability only by proving your conduct was the sole cause of the accident, meaning adequate safety devices were provided and required, you knew they were available, and you unreasonably chose not to use them. Courts apply this exception narrowly.
- Applies to: Falls from heights, falling objects, inadequate scaffolds, defective ladders, lack of safety harnesses, collapsing structures.
Industrial Code Safety Rules:
- Negligence standard: You must prove the defendant violated a “sufficiently specific” provision of the state Industrial Code. Not all Industrial Code violations are “sufficiently specific.” Courts have developed extensive case law on which provisions qualify.
- Comparative negligence applies: If the jury finds you were partially at fault, your recovery may be reduced by your percentage of fault.
- Applies to: A range of safety code violations including excavation, trenching, demolition, equipment operation, and workplace conditions.
Common-Law Negligence under the Labor Law:
- Common-law negligence standard: You must prove the defendant had notice of the dangerous condition and authority to control or supervise the work that caused your injuries.
- Comparative negligence applies: Your recovery can be reduced based on your own percentage of fault.
- Applies to: Premises defects, unsafe work methods, inadequate supervision, and equipment defects not covered by the other provisions.
Attorney Insight: Many construction accident cases involve more than one type of claim. For example, a worker who falls from a defective scaffold may have a strict liability claim under the Scaffold Law (gravity-related hazard), an Industrial Code claim (scaffold construction rules), and a common-law negligence claim (inadequate supervision or premises defects). We evaluate all applicable legal theories and any potential defenses.
Pattern Jury Instructions and Trial Preparation
New York courts use standardized pattern jury instructions for construction accident cases. These instructions guide juries on how to apply each type of claim. Understanding them is part of trial preparation.
In a Scaffold Law case, the instructions generally ask the jury to decide whether:
- The plaintiff was employed to perform construction, demolition, repair, alteration, or painting work;
- The work site was not “safe” for the plaintiff;
- The plaintiff was injured as a direct result of the failure to provide proper safety devices; and
- The defendant was an owner, contractor, or agent responsible for the work.
The instructions also tell juries that, in general, the plaintiff’s own conduct in failing to use safety equipment does not reduce the defendant’s liability unless it was the sole cause of the accident.
What Happens Next: The Timeline of a NYC Construction Accident Case
Stage
Timeline
What Happens
1. Free Consultation
Day 1
We meet with you to discuss your injuries, the accident circumstances, and potential legal claims. We review medical records, employment documents, and accident reports. If we believe you have a viable case, we offer representation on a contingency fee basis. You pay no attorney fee unless we recover money for you. Court costs may apply.
2. Investigation
Weeks 1-8
We promptly send preservation letters to all potentially liable parties (general contractor, site owner, equipment manufacturers, staffing agencies) asking them to preserve evidence including site inspection reports, safety meeting logs, equipment maintenance records, surveillance footage, and incident reports. We conduct site visits, photograph conditions, interview witnesses, and consult with engineers and other professionals.
3. Filing the Lawsuit
Weeks 8-16
We file a Summons and Complaint in New York State Supreme Court naming all responsible parties. For government entities (NYC, State of NY, MTA), strict notice and filing deadlines apply and are shorter than for private defendants. We simultaneously pursue your workers’ compensation claim.
4. Discovery
Months 4-12
Both sides exchange evidence through depositions (sworn testimony), interrogatories (written questions), and document requests. We may depose site managers, safety coordinators, and corporate representatives. Defendants may depose you and any witnesses. We obtain reports from engineers, safety professionals, and economists as the case requires.
5. Settlement Negotiations
Months 8-18
We engage in settlement discussions with defendants and their insurers. Many construction accident cases settle during this phase, particularly after key depositions clarify liability. We negotiate on your behalf, accounting for medical expenses, lost wages, future care needs, and pain and suffering.
6. Pre-Trial Proceedings
Months 12-24
If settlement negotiations do not resolve the case, we may file motions for summary judgment (asking the court to rule on the law without a trial), participate in court-ordered mediation, and prepare for trial. We retain the professionals who will testify, prepare trial exhibits, and develop our courtroom plan.
7. Trial
Months 18-36
If your case proceeds to trial, we present evidence to a jury in New York State Supreme Court. Trial length depends on the complexity of the case. The jury decides liability and damages. Every case is different, and a trial does not guarantee any particular result.
8. Post-Trial / Appeal
Months 24-48
If a defendant loses at trial, it may appeal to the Appellate Division. If the defendants prevail, we may appeal. Appeals take time, and many cases settle during the appeal process. When a case concludes, any recovery is paid after legal fees and case expenses are deducted, as described in your fee agreement.
Attorney Insight: Immediately after being retained, we send litigation hold letters to all potential defendants, demanding preservation of critical evidence: ECM data from equipment, GPS tracking logs, Electronic Logging Device (ELD) records, safety inspection reports, OSHA 300 logs, incident reports, site photos, and surveillance footage. Construction companies often claim evidence was “overwritten,” “lost,” or “destroyed in the ordinary course of business.” Our immediate preservation demands create a paper trail and establish potential spoliation claims if evidence disappears.
Types of Construction Accidents in NYC
Construction sites present numerous hazards. Common accident types include:
Fall-Related Accidents
- Falls from scaffolds: Collapsing scaffolds, missing guardrails, inadequate planking, defective scaffold construction
- Falls from ladders: Defective ladders, improperly secured ladders, inadequate ladder height, lack of stabilization
- Falls from roofs: Lack of safety harnesses, missing guardrails, inadequate fall protection systems, improper roof access
- Falls through openings: Unguarded floor openings, elevator shafts, skylights, stairwells, missing protective covers
- Falls into excavations: Unguarded excavation sites, collapsing trenches, inadequate shoring systems
Struck-By Accidents
- Falling objects: Tools, materials, or equipment falling from heights due to inadequate toe boards, debris nets, or tool lanyards
- Crane accidents: Crane collapses, dropped loads, load swing accidents, inadequate rigging
- Vehicle accidents: Struck by trucks, forklifts, bulldozers, excavators, or other heavy equipment on site
- Demolition debris: Collapsing walls, falling concrete, structural failures during demolition
Caught-In/Between Accidents
- Trench collapses: Cave-ins during excavation, inadequate shoring or benching, water infiltration
- Equipment entanglement: Clothing or body parts caught in machinery, augers, conveyors, mixers
- Crush injuries: Pinned between equipment and walls, caught between moving and stationary objects
- Structural collapses: Building collapses during construction, demolition, or renovation
Electrocution
- Power line contact: Cranes, scaffolds, or equipment contacting overhead power lines
- Defective electrical systems: Exposed wiring, inadequate grounding, faulty temporary power systems
- Defective tools: Electrocution from power tools with damaged insulation or missing ground fault circuit interrupters (GFCIs)
- Water contact: Working with electricity near water, wet conditions, inadequate protection
Explosion, Fire, and Chemical Exposure
- Gas explosions: Natural gas leaks, propane tank explosions, inadequate ventilation
- Chemical burns: Contact with acids, solvents, concrete, or other hazardous materials
- Fires: Welding accidents, electrical fires, flammable material ignition
- Toxic exposure: Asbestos, silica dust, lead paint, chemical fumes, carbon monoxide
Additional Construction Hazards
- Repetitive stress injuries: Back injuries from lifting, carpal tunnel syndrome, joint damage
- Heat-related illness: Heat exhaustion, heat stroke from working in summer conditions without adequate breaks or hydration
- Slip and fall accidents: Wet surfaces, ice, uneven surfaces, construction debris, inadequate lighting
- Confined space accidents: Suffocation, toxic gas exposure, engulfment in silos or tanks
Common Injuries in NYC Construction Accidents
Traumatic Brain Injuries (TBI)
Falls from heights or being struck by falling objects can cause concussions, skull fractures, brain contusions, diffuse axonal injury, and permanent cognitive impairment. TBI victims may experience memory loss, personality changes, seizures, and difficulty with basic tasks. Long-term care costs can exceed millions of dollars. Learn more about traumatic brain injury compensation in New York.
Spinal Cord Injuries
Falls, crush injuries, and vehicle accidents can cause complete or incomplete spinal cord injuries resulting in paraplegia (paralysis of the lower body) or quadriplegia (paralysis of all four limbs). Spinal cord injury victims require lifetime care including adaptive equipment, home modifications, attendant care, and ongoing medical treatment. See our page on spinal cord injury cases in New York.
Fractures and Broken Bones
Construction workers commonly suffer fractures of the spine, pelvis, legs, arms, ribs, skull, and facial bones. Complex fractures may require multiple surgeries, hardware implantation, bone grafting, and extended physical therapy. Some fractures result in permanent limitations, chronic pain, and inability to return to construction work. For more information, visit our bone fracture injury page.
Internal Organ Damage
Crush injuries, falls, and struck-by accidents can cause internal bleeding, ruptured organs, lacerations to the liver, spleen, kidneys, or lungs, and abdominal trauma requiring emergency surgery.
Amputations
Caught-in machinery, electrocution, and crush injuries can result in traumatic amputations or injuries so severe that surgical amputation is required. Amputees face lifetime challenges including prosthetic costs, phantom limb pain, psychological trauma, and vocational retraining.
Burn Injuries
Electrical burns, chemical burns, and fire-related injuries can cause second-degree, third-degree, or fourth-degree burns requiring skin grafting, reconstructive surgery, and long-term rehabilitation. Severe burns often result in permanent scarring and disfigurement.
Electrocution Injuries
Contact with power lines or defective electrical systems can cause cardiac arrest, neurological damage, severe burns, and internal organ damage. Electrocution victims may experience long-term cardiac issues, nerve damage, and cognitive impairment.
Respiratory Conditions
Toxic exposure to asbestos, silica dust, concrete dust, chemical fumes, and other airborne hazards can cause chronic respiratory diseases including asbestosis, silicosis, chronic obstructive pulmonary disease (COPD), and occupational asthma. These conditions may not manifest for years or decades after exposure. See our toxic exposure page for more information.
Who Can Be Held Liable for Your Construction Accident?
New York Labor Law allows injured construction workers to sue multiple parties whose negligence contributed to the accident. While you cannot sue your direct employer (workers’ compensation is your exclusive remedy against employers), you can pursue claims against:
General Contractors
Property Owners
Site owners may be liable under the Scaffold Law, and may also be liable under the Industrial Code safety rules where a sufficiently specific provision was violated, even if they hired a general contractor to manage the project. Owners generally cannot avoid these statutory duties by delegating site safety responsibilities to contractors.
Subcontractors
If your employer was a subcontractor and another subcontractor’s negligence caused your injuries, you can sue that subcontractor. Common scenarios include defective scaffolding erected by one subcontractor that injures workers employed by a different subcontractor.
Architects and Engineers
Design professionals who specify unsafe construction methods, fail to account for known hazards in their designs, or negligently supervise construction can be held liable for resulting injuries.
Equipment Manufacturers
Defective ladders, scaffolds, safety harnesses, power tools, and other equipment may support product liability claims against manufacturers, distributors, and retailers. Product defects include design defects, manufacturing defects, and failure to warn. Learn more about product liability in construction accidents.
Crane and Equipment Rental Companies
Companies that rent cranes, lifts, scaffolding, and other equipment have a duty to provide safe, well-maintained equipment with proper safety instructions. Defective rental equipment can create liability for rental companies even if they did not operate the equipment.
Staffing Agencies
If you were placed at the construction site through a staffing agency or labor broker, that agency may share liability for failing to verify site safety, provide adequate training, or ensure proper supervision.
Government Entities
If the project involved government-owned property (city, state, or federal), the government entity may be liable. However, claims against government entities have shorter deadlines and a required notice of claim. Contact an attorney right away if a government entity may be involved.
Attorney Insight: We look at every potentially responsible party. In a typical construction accident case, we may consider claims against the general contractor, site owner, equipment manufacturer, and multiple subcontractors. Each defendant may have separate insurance coverage, and pursuing all responsible parties may increase the compensation available. Our investigation includes corporate structure analysis, because many construction companies use complex corporate arrangements. We look for parent companies, holding companies, and related entities that may be responsible.
Construction Accident Case Examples
Our firm has recovered over $750 million for injured people since 1989. Prior results do not guarantee a similar outcome. Below are examples of construction accident cases our firm has handled:
$5.5 Million – Four-Story Fall (Manhattan)
A construction worker suffered fractures of his shoulder, clavicle, ribs, and hip, as well as internal injuries requiring multiple surgeries, after falling four stories at a Manhattan construction site. The case settled during litigation after we demonstrated the general contractor failed to provide adequate fall protection in violation of the Scaffold Law. The defendant initially claimed our client was provided safety equipment but failed to use it—however, our investigation revealed the site had no fall protection system in place and no safety training had been provided.
$3.5 Million – Scaffold Collapse (Brooklyn)
An undocumented construction worker fell 30 feet when a scaffold collapsed at a Brooklyn worksite, landing on cement and sustaining fractures, internal injuries, and permanent disabilities. Immigration status does not by itself prevent a worker from bringing a construction injury claim in New York. We pursued claims under the Scaffold Law (strict liability for scaffold failures) and the Industrial Code safety rules. The case settled after we obtained engineering testimony that the scaffold was improperly constructed and failed to meet basic engineering standards.
$3.25 Million – Ladder Fall (Queens)
A 30-year-old carpenter fell from a ladder onto both feet at a retail construction site in Queens, suffering fractures, chronic pain, and permanent limitations that prevented him from returning to construction work. The ladder was not properly secured, and no spotter was present to stabilize it. We pursued claims under the Scaffold Law (inadequate safety devices), the Industrial Code safety rules (ladder use), and product liability (defective ladder design). The case resolved during settlement negotiations.
$2.25 Million – Unsecured Ladder (Manhattan)
A 46-year-old carpenter was working on a straight ladder that slipped away from the wall, causing him to fall and sustain serious injuries. We established the general contractor’s liability under the Scaffold Law for failing to provide a properly secured ladder or alternative fall protection. The case illustrates the strict liability standard under the Scaffold Law. Even if a worker is experienced and knew the ladder was not ideally positioned, the law may still place responsibility on contractors and owners to provide safe working conditions.
Case results depend on individual facts and circumstances. Prior results do not guarantee similar outcomes. These case descriptions are provided for informational purposes and do not constitute legal advice.
What Our Clients Say
Compensation Available in NYC Construction Accident Cases
Construction accident victims in New York may recover compensation through two separate systems:
Workers’ Compensation Benefits
Medical benefits:
Wage replacement:
Two-thirds of your average weekly wage, capped by a state maximum tied to your injury date. The maximum resets every July 1. Check the Workers’ Compensation Board for the current rate.
Permanent disability benefits:
Lump sum or ongoing payments for permanent partial or total disability based on schedule of loss
Vocational rehabilitation:
If you cannot return to construction work, workers’ comp may provide vocational retraining
Important: Workers’ compensation benefits are your exclusive remedy against your direct employer. You cannot sue your employer for additional damages (except in extremely rare cases of intentional harm). However, you can pursue a third-party lawsuit against contractors, site owners, and equipment manufacturers while simultaneously receiving workers’ compensation benefits.
Third-Party Lawsuit Damages
If you sue general contractors, site owners, or other third parties under New York’s Labor Law safety provisions, you may be able to recover:
Economic Damages
- Past medical expenses: All medical bills related to your injuries, including emergency care, hospitalization, surgery, physical therapy, prescription medications, medical equipment, and home health care
- Future medical expenses: Estimated lifetime cost of future medical treatment, surgeries, rehabilitation, assistive devices, home modifications, and attendant care
- Lost wages: Compensation for all income lost from the date of injury through trial or settlement
- Loss of earning capacity: If you cannot return to construction work or must accept lower-paying work due to permanent disabilities, you can recover the present value of your lost future earnings over your work-life expectancy
- Loss of benefits: Lost pension contributions, 401(k) matching, health insurance, union benefits, and other employment benefits
Non-Economic Damages
- Pain and suffering: Compensation for physical pain, discomfort, and suffering caused by your injuries
- Mental anguish: Emotional distress, anxiety, depression, PTSD, and psychological trauma
- Loss of enjoyment of life: Inability to participate in hobbies, sports, activities, and daily pleasures you enjoyed before the accident
- Disfigurement and scarring: Permanent visible scars, burn injuries, amputations, or disfigurement
- Loss of consortium: Compensation to your spouse for loss of companionship, affection, and sexual relations (this is a separate claim brought by the spouse)
Punitive Damages (Rare)
In limited, egregious circumstances where the defendant’s conduct was intentional, reckless, or demonstrated a wanton disregard for worker safety, New York courts may award punitive damages to punish the defendant and deter future misconduct. Punitive damages are rare in construction accident cases and require clear and convincing evidence of willful or wanton conduct.
Wrongful Death Claims
If a construction worker is killed on the job, the decedent’s estate (through a personal representative) may file a wrongful death lawsuit under New York’s wrongful death law. Under New York law, wrongful death damages are limited to pecuniary (economic) losses suffered by the decedent’s distributees (spouse, children, parents), including:
- Loss of financial support: Present value of income the deceased would have contributed to the household over his or her life expectancy
- Loss of services: Value of household services, childcare, home maintenance, and other contributions the deceased provided
- Loss of parental guidance: For surviving children, the value of nurture, guidance, and support the deceased parent would have provided
- Funeral and burial expenses: Reasonable costs of funeral and burial services
- Medical expenses: Medical bills incurred between the accident and death
Note on New York Wrongful Death Law: Unlike personal injury claims, wrongful death damages in New York do not include compensation for the decedent’s pain and suffering (unless a separate survival action is filed) or for the family’s emotional grief. Recovery is limited to financial losses. However, economic damages in construction worker wrongful death cases can be significant when the worker had many years of work life ahead. For more information, see our wrongful death page.
Deadline for wrongful death claims: a wrongful death lawsuit must generally be started within a strict time limit that is shorter than the limit for most personal injury claims. Claims involving government entities carry even shorter notice requirements. Families should consult an attorney as soon as possible after a fatal construction accident.
Ready to Discuss Your Construction Accident Case?
Contact Dansker & Aspromonte Associates LLP today for a free, confidential consultation. Call (212) 732-2929 or fill out our online form. We work on contingency. You pay no attorney fee unless we recover money for you. Court costs and disbursements may apply regardless of outcome. Review our fee disclosure.
Why Hire Dansker & Aspromonte for Your NYC Construction Accident Case?
Decades of Experience with New York Labor Law
Since 1989, our attorneys have represented injured construction workers in cases involving the Scaffold Law and related Labor Law safety rules. We work with strict liability standards, Industrial Code violations, and comparative negligence defenses. Our firm has recovered over $750 million for injured people. Prior results do not guarantee a similar outcome.
Trial Preparation
While many construction accident cases settle before trial, we prepare each case as though it may go to trial. Our attorneys have tried cases in New York State Supreme Court. Every case is different, and results depend on the facts and the law.
Thorough Investigation and Evidence Preservation
We promptly send preservation letters to all potential defendants, asking them to preserve critical evidence including site inspection reports, safety training logs, equipment maintenance records, surveillance footage, and incident reports. Our investigators visit accident sites, photograph conditions, interview witnesses, and work with engineers and other professionals to reconstruct how the accident occurred.
Network of Technical Professionals
Construction accident cases often require testimony from safety engineers, structural engineers, equipment professionals, vocational consultants, economists, and life care planners. We work with qualified professionals who can explain technical issues to juries and help document your damages.
Contingency Fee Representation
We represent construction accident victims on a contingency fee basis. You pay no attorney fee unless we recover money for you. Court costs and disbursements may apply regardless of outcome. Review our fee disclosure. We advance case expenses such as consultant and testimony fees, deposition costs, court filing fees, and investigation expenses. Discuss your responsibility for expenses before you sign a representation agreement.
We Understand Multiple Recovery Sources
Our attorneys help coordinate workers’ compensation benefits, third-party lawsuits, union benefits, Social Security Disability Insurance (SSDI), and other potential recovery sources, so that one claim does not put another at risk.
Frequently Asked Questions About NYC Construction Accidents
1. Can I sue my employer for a construction site injury?
2. What if I was partially at fault for my construction accident?
Your ability to recover depends on which part of the Labor Law applies:
- Scaffold Law: Comparative negligence is generally not a defense, so partial fault generally does not reduce your recovery. The exception is narrow: if adequate safety devices were provided and required, you knew they were available, and you unreasonably chose not to use them, a court may find your conduct was the sole cause of the accident and deny recovery. An experienced attorney evaluates this issue early in every Scaffold Law case.
- Industrial Code safety rules or common-law negligence: Comparative negligence applies. If the jury finds you were partially at fault, your recovery is reduced by your percentage of fault. New York follows a pure comparative negligence rule, so you may still recover damages even if you share a large part of the fault.
3. How long do I have to file a construction accident lawsuit in New York?
Strict time limits apply to construction accident claims, and they differ by case type. For government entities (City of New York, State of New York, MTA, public authorities), you must serve a notice of claim within a much shorter window, and the lawsuit deadline is also shorter. Missing these deadlines can bar your claim permanently. Consult an attorney as soon as possible after your accident.
THE TIME TO SUE CAN VARY FROM CASE TO CASE. ALWAYS CONSULT AN EXPERIENCED ATTORNEY TO DETERMINE THE TIME FRAME THAT APPLIES TO YOUR CASE AS SOON AS POSSIBLE AFTER THE ACCIDENT.
Any time limit or condition precedent, such as a notice of claim, mentioned on this page may not apply to your particular case. The time to bring a lawsuit and the conditions upon which it may be brought depend upon many factors including the age and mental capacity of the injured person, whether the party to be sued is a private person, partnership, corporation, government entity or other legal entity, the substance and type of claim that is being made, the place of the accident and other possible factors that may apply at the time of the accident or injury. You are advised to call to confirm the time limits and conditions that apply to your case as soon as possible.
4. What is the Scaffold Law and why is it called that?
The Scaffold Law is a New York statute that may impose strict liability on contractors and property owners for gravity-related injuries to construction workers. The law applies to falls from heights (scaffolds, ladders, roofs) and injuries from falling objects. Under this law, injured workers do not need to prove negligence. They generally need to show that adequate safety devices were not provided and that the lack of safety devices caused the injury. Comparative negligence is generally not a defense: a worker’s partial fault does not reduce the defendant’s liability. Courts recognize a narrow defense where the worker’s own conduct was the sole cause of the accident, such as refusing to use adequate safety devices that were provided, known, and required.
5. I am an undocumented worker. Can I still sue for my construction injuries?
Yes, in many cases. Immigration status does not by itself take away your right to bring a construction accident claim under New York’s Labor Law safety provisions, and you may also be entitled to workers’ compensation benefits. Talk with an attorney about how your status may come up in your case. We represent injured workers regardless of immigration status.
6. Can the general contractor avoid liability by claiming I signed a waiver?
Generally no. Under New York law, contractors and property owners usually cannot avoid liability by requiring workers to sign liability waivers, indemnification agreements, or releases. These waivers are often unenforceable as against public policy. The statutory protections of the Scaffold Law and the Industrial Code safety rules generally cannot be signed away.
7. How much is my construction accident case worth?
Case value depends on many factors including:
- Severity and permanency of injuries
- Total medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Your age and life expectancy
- Whether you can return to any gainful employment
- Strength of liability evidence
- Defendants’ available insurance coverage
Every case is different, and we cannot predict a result. During your free consultation, we will review your medical records, employment history, and accident circumstances to discuss the factors that may affect your case.
8. Will I have to testify in court?
Most construction accident cases settle before trial, so the majority of clients never testify in court. However, you will be required to give a deposition (sworn testimony before a court reporter in an attorney’s office) during the discovery phase. If your case proceeds to trial, you will testify before a jury about the accident, your injuries, and how they have affected your life. Our attorneys prepare you thoroughly for both depositions and trial testimony. We conduct mock examinations to ensure you are comfortable and confident.
9. Can my employer retaliate against me for filing a lawsuit?
No. New York law makes it unlawful for an employer to fire, demote, or otherwise discriminate against an employee for claiming or attempting to claim workers’ compensation benefits, or for testifying in a workers’ compensation proceeding. A separate provision of the Labor Law protects employees who complain about violations of that law. Retaliation includes termination, demotion, reduction in hours, harassment, or other adverse employment actions. If your employer retaliates against you for filing a construction accident lawsuit or workers’ comp claim, you may have a separate claim. Contact us promptly if you experience retaliation.
10. What if the construction company declares bankruptcy?
Construction companies often carry liability insurance. If a contractor files for bankruptcy, insurance coverage may still be available to pay a claim, depending on the policy and the facts. We look at all potentially liable parties including general contractors, property owners, and equipment manufacturers. Multiple defendants may mean multiple insurance policies, which can matter if one defendant is insolvent. Talk with an attorney about how bankruptcy could affect your claim.
Related Practice Areas
Dansker & Aspromonte Associates LLP handles a wide range of personal injury cases in New York City. If your construction accident resulted in specific injuries or involved other legal issues, you may find these practice area pages helpful:
- Traumatic Brain Injury Cases – If you suffered a concussion, skull fracture, or permanent brain damage in a construction accident
- Spinal Cord Injury Cases – For construction workers who suffered paraplegia or quadriplegia from falls or crush injuries
- Wrongful Death Cases – If a family member was killed in a construction accident
- Catastrophic Injury Cases – For life-altering injuries requiring long-term care
- Slip and Fall Accidents – For construction site slip and fall accidents involving Industrial Code violations
Sources & Legal References
This page draws on the following government sources:
- U.S. Bureau of Labor Statistics, National Census of Fatal Occupational Injuries in 2024 (released February 19, 2026). Available at: https://www.bls.gov/iif/oshwc/cfoi/cfch0020.pdf
- Occupational Safety and Health Administration (OSHA), Construction Industry. Available at: https://www.osha.gov/construction
- New York State Workers’ Compensation Board. Available at: https://www.wcb.ny.gov/
Contact Dansker & Aspromonte for a Free Construction Accident Consultation.
If you were injured on a New York City construction site, contact Dansker & Aspromonte Associates LLP today. We offer free, confidential consultations to injured workers and their families. During your consultation, we will:
- Review the circumstances of your accident
- Explain your legal rights under New York’s Labor Law
- Identify all potentially liable parties
- Discuss what factors may affect the value of your case
- Answer your questions about the legal process
- Discuss our contingency fee arrangement and your responsibility for case expenses
Call us at (212) 732-2929 or contact us online to schedule your free consultation. You pay no attorney fee unless we recover money for you. Court costs and disbursements may apply regardless of outcome. Review our fee disclosure. We serve injured construction workers throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County.
Dansker & Aspromonte Associates LLP
30 Vesey Street, New York, NY 10007
Serving Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, and Suffolk County.
Free Consultation | No attorney fee unless we recover. Costs may apply.
Attorney advertising. Prior results do not guarantee a similar outcome. The information on this website is for general informational purposes only and does not constitute legal advice. Consult an attorney for advice regarding your individual situation. This website is not intended to create, and viewing it does not constitute, an attorney-client relationship.
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