Construction Accidents


The importance of legal representation

New York has special provisions to address the unique dangers faced by construction workers.

Workers at construction sites are routinely subject to dangerous conditions and potentially serious injury. When a worker is injured, he/she is covered by workers’ compensation. But that is often not sufficient to cover the severe injuries that occur at construction sites. Furthermore, construction sites are usually occupied by numerous employers (contractors, subcontractors) at a time. Often, one of these third parties will be the cause of an injury to a non-employee who is working for someone else on the site. Contact A.L.F. to speak to an experienced trial attorney to discuss your potential rights to Maximum Recovery for your Pain and Suffering

If you are injured while working at a construction site, it is important that you and your legal counsel consider all of the potential defendants who may be liable for your injuries. These can include other subcontractors whose employees were negligent, the property owner or the manufacturer and distributors of defective construction equipment and tools. Each case is different and it requires thorough investigation and careful review of the facts to identify the at-fault parties.

Yes. If third parties other than your employer caused your injuries, you may bring a “third-party” lawsuit against them even though you are collecting workers’ compensation benefits. The benefits available under Workers’ Compensation are limited by state statute and do not include many significant damages such as pain, suffering, emotional distress or disfigurement. Therefore, a third-party claim may be your only way to be fully compensated for your damages.

In New York and most other states you are barred from suing your employer for negligence. That means that if you or your employer is 100% at fault, your remedies will be limited to workers’ compensation benefits. There is a narrow exception where the conduct of the employer is so outrageous as to be considered intentional or wanton and reckless. However, if a third-party such as the employee of another supplier or contractor contributed to the accident, you may still file suit on a third-party claim.

Common types of accidents on construction sites include:
  • Falls
  • Electrical accidents
  • Being struck by large objects such as extensions on heavy equipment
  • Workers being caught by their equipment, such as power tools
Nevertheless, studies have consistently shown that contractors can reduce construction site injuries by anticipating workplace hazards and consistently implementing and enforcing reasonable safety procedures.