Bronx Construction Accident Lawyers

The construction industry is one of the most dangerous lines of work in the country. If you or a family member has been hurt on a job site, you need an attorney who knows New York law — and how to use it to your full advantage.

Call the Law Offices of Thomas J. Lavin at 718-829-7400 or 800-394-4216 for a free case evaluation. We represent injured construction workers throughout the Bronx, Brooklyn, and all of New York State, and we never charge a fee until you receive compensation.

Injuries such as broken bones, lacerations, spinal injuries, and traumatic brain injuries can occur on any job site. If you have been injured — or have lost a loved one — in a building accident, speak at once to our experienced Bronx construction accident attorneys. We will guide you through the workers’ compensation process, and if you have any difficulty obtaining benefits, we will fight aggressively for the compensation that is rightfully yours.

New York Labor Law 240 and 241 — Protections Unique to New York State

New York State offers some of the strongest legal protections for construction workers in the entire country, and two statutes in particular can dramatically increase the compensation available to an injured worker.

New York Labor Law Section 240 — commonly called the “Scaffold Law” — imposes strict liability on property owners and general contractors when a worker is injured in a gravity-related accident. That includes falls from scaffolding, ladders, roofs, and elevated platforms, as well as injuries caused by falling tools or materials. Under this law, the owner or contractor is liable regardless of whether the worker shares any fault for the accident. This is one of the most powerful protections available to injured construction workers anywhere in the United States.

New York Labor Law Section 241(6) requires that construction, demolition, and excavation sites be maintained in compliance with specific safety codes established by the New York State Industrial Code. When those standards are violated and a worker is injured as a result, the property owner and general contractor can be held liable even if they were not directly supervising the work.

Both statutes allow injured workers to file claims against parties beyond their direct employer — including property owners, developers, and general contractors — and can open the door to compensation far beyond what workers’ compensation alone provides.

If you were injured in a fall, struck by a falling object, or hurt in any gravity-related accident on a New York construction site, contact our office today to discuss whether Labor Law 240 or 241 applies to your case. Understanding these statutes is central to understanding what your case is worth.

Official text of NY Labor Law Section 240 and NY Labor Law Section 241 is available through the New York State Senate.

What Types of Construction Accidents Can a Personal Injury Lawyer Help Me With?

With three decades of experience representing injured construction workers, we understand that workers’ compensation is frequently insufficient to cover the real costs of a serious job site injury. In many cases, injured workers are also eligible to file a third-party personal injury claim if someone other than their employer was partially responsible for the accident.

Parties who may be held liable in a third-party construction accident claim include defective equipment manufacturers, negligent contractors, negligent machinery or motor vehicle operators, property owners, or any other party whose conduct contributed to your injury.

Common safety violations that cause construction accidents in New York include:

• Failure to provide adequate training
• Failure to keep a worksite hazard-free
• Poorly constructed guardrails, scaffolding, or stairs
• Inadequate protection from electrical wires and equipment
• Failure to warn workers of known hazards
• Improper use of safety equipment, or failure to provide it at all
• Violations of the New York State Industrial Code under Labor Law 241(6)

What Types of Accidents Are Common in the Construction Industry?

The Occupational Safety and Health Administration (OSHA) estimates that at least 20 percent of all workplace fatalities occur on construction sites. The following are the most commonly reported causes of serious construction site injuries and deaths in New York.

Falls. OSHA consistently identifies falls as the leading cause of construction fatalities. Employers are required to provide fall protection including guardrails and properly fitted safety harnesses. When those protections are absent or defective, New York Labor Law 240 may impose strict liability on the property owner and general contractor, regardless of the worker’s own actions.

Electrocutions. Electrical accidents are a major source of construction site deaths. They are frequently caused by faulty wiring, damaged tools, incorrect use of extension cords, or contact with overhead power lines. OSHA’s Assured Equipment Grounding Conductor Program provides guidance on prevention, but enforcement varies widely from site to site.

Struck-by and caught-between accidents. In a struck-by accident, a worker is hit by an object that is flying, falling, swinging, or rolling. In a caught-between accident, a worker is trapped between two objects. Both types of accidents frequently produce catastrophic injuries, and falling objects specifically may trigger liability under Labor Law 240.

Road construction accidents. OSHA data shows that the majority of deaths in road construction zones occur when a worker is struck by construction equipment or a passing vehicle. Inadequate traffic management and a lack of high-visibility clothing and barriers are common contributing factors.

Crane and forklift accidents. Crane and forklift accidents are among the most severe in the industry. Crane operators must be specially trained, and cranes should be inspected before each use. Workers operating around cranes must be trained to stay clear of load paths and swing radii. Forklift operators are required to wear seat belts, and pedestrian workers should be kept out of active forklift zones.

Chemical and toxic exposure. Exposure to lead, asbestos, heavy metals, PVC, and other hazardous materials remains a serious risk on construction sites, particularly in renovation or demolition work on older New York City buildings. If you became sick following exposure to something at a job site, even if you are unsure whether it qualifies as a workplace injury, speak to a Bronx construction accident attorney — you may have a claim.

Collapses and trench accidents. Workers who are underground or working near unsupported structures face the risk of sudden collapse. All surfaces that could affect workers should be inspected before work begins, and trenches must meet OSHA excavation standards.

Explosions and fires. Sparks from welding equipment, power generators, and flammable construction materials all create fire and explosion risks. Adequate fire suppression equipment, properly cooled tools, and a designated fire safety supervisor are all minimum requirements that are frequently ignored.

Slip and trip accidents. The Bureau of Labor Statistics found that in 2020, more than 30 percent of construction industry deaths involved slips, trips, or falls to the same level — frequently from wet surfaces, loose cords, or materials left in walkways. These accidents may also give rise to premises liability claims depending on who controlled the area where the fall occurred.

Nail gun accidents, compressor accidents, and elevator accidents. Power tool injuries and mechanical equipment failures cause serious lacerations, crush injuries, and puncture wounds. These accidents often involve defective or improperly maintained equipment, creating potential claims against manufacturers and equipment owners.

If you have been injured in any of these types of accidents, contact our office as soon as possible. The sooner you speak with a Bronx construction accident lawyer, the better positioned you will be to preserve your rights.

Why Should I File a Personal Injury Claim Following a Job Site Injury?

If you were hurt on a construction site, you are likely aware that workers’ compensation benefits can help cover some of your losses. However, workers’ compensation in New York does not cover pain and suffering, and the weekly wage benefits are often far below a worker’s actual earnings.

When a third party — such as a property owner, general contractor, or equipment manufacturer — was responsible for causing or contributing to your injury, you may be able to file a separate personal injury or Labor Law claim. That claim can be pursued alongside your workers’ compensation benefits, potentially resulting in a significantly higher total recovery.

Each case is different, and the overlap between workers’ compensation and third-party claims can be legally complex. Speak with a Bronx construction accident attorney before making any decision about how to proceed. Not every New York City injury firm has the experience with Labor Law 240 and 241 claims that this type of case requires.

Our office offers free consultations for all prospective clients. There is no cost and no obligation.

Independent contractors and undocumented workers: A construction worker does not need to be a documented immigrant or a formal employee to recover compensation after a job site injury. Under New York law, workers’ compensation coverage extends to undocumented workers. If your employer classified you as an independent contractor to avoid providing benefits, that classification can be challenged — it is one of the most common tactics used to deny valid claims. Speak with an attorney before assuming you are not covered.

What Damages Can I Recover With the Help of a Bronx Construction Accident Attorney?

A serious construction injury can produce losses that go well beyond the initial medical bills. Workers dealing with traumatic brain injuries, spinal cord damage, or amputations often require surgeries, extended rehabilitation, in-home care, and ongoing treatment for the rest of their lives. At the same time, lost income from missed work can quickly put a family in financial jeopardy.

Through a successful third-party personal injury claim under New York Labor Law, injured construction workers may be entitled to recover:

• Past and future medical expenses, including surgery, hospitalization, rehabilitation, and long-term care
• Lost wages and loss of future earning capacity
• Pain and suffering
• Loss of consortium
• Wrongful death damages for surviving family members

When a Labor Law 240 or 241 claim is involved, the worker’s own comparative fault cannot be used to reduce the award — the property owner and general contractor bear full liability. This distinction makes New York Labor Law claims among the most valuable in the country for seriously injured workers.

Our attorneys negotiate directly with insurance companies, which routinely use delay tactics and low settlement offers to minimize payouts. We protect you from those tactics and pursue the full value of your case. When workers’ compensation falls short, a personal injury claim may be the difference between financial stability and financial ruin.

For a full explanation of your workers’ compensation rights in New York, visit the New York Workers’ Compensation Board. For questions specific to your situation, contact our office directly.

What Happens if My Workers’ Compensation Claim Is Denied?

There are several common reasons a workers’ compensation claim may be denied in New York.

Missed filing deadlines. Workers’ compensation claims have strict deadlines. In New York, a worker must report the accident to their employer within 30 days and file a claim with the New York Workers’ Compensation Board within two years. Missing either deadline can jeopardize a claim.

Insufficient medical evidence. If there is no documentation from a physician linking the injury to the job site accident, the claim is vulnerable to denial.

Delayed medical attention. Failing to see a doctor immediately after an accident gives the employer or insurer grounds to argue that no injury occurred, or that the injury happened elsewhere.

Employer disputes. An employer may dispute a claim by arguing that the injury did not occur during the performance of job duties, or that the worker was engaged in horseplay at the time of the accident.

If your claim has been denied, our attorneys can help you appeal the decision and pursue all available avenues of recovery, including a third-party personal injury claim if one applies to your situation.

How Long Do I Have to File a Construction Accident Lawsuit in New York?

In New York, injured workers generally have three years from the date of a construction accident to file a personal injury lawsuit against a third party. However, claims against government entities — such as New York City or a city agency — may have much shorter deadlines, sometimes as little as 90 days to file a notice of claim.

Workers’ compensation claims are subject to separate deadlines: report the accident within 30 days and file the claim within two years.

Because the rules differ depending on who is responsible for your injury, it is critical to speak with an attorney as soon as possible. Waiting too long can permanently eliminate your right to recover.

What Should I Do After a Bronx Construction Accident?

See a doctor immediately. Even if the injury feels minor at first, get examined as soon as possible. Some serious construction site injuries — including traumatic brain injuries and internal injuries — present few initial symptoms but can worsen significantly if left untreated.

Do not speak with the employer’s insurer or attorney. They will attempt to minimize your claim, establish that you were at fault, or pressure you into accepting a settlement far below the actual value of your case. Do not discuss the accident with them. Forward any communications you receive to your attorney.

Document everything. If you are able, photograph the scene, the hazard that caused your injury, and any safety equipment that was absent or defective. Collect contact information from any witnesses.

Call the Law Offices of Thomas J. Lavin at 718-829-7400 for a free case evaluation. The sooner we can review the facts of your case, the better positioned we are to protect your rights, preserve evidence, and pursue every available source of compensation.

Can a Bronx Construction Accident Lawyer Help Me Get the Maximum Compensation for My Case?

Job site accidents can cause traumatic brain injuries, amputations, spinal cord damage, and other catastrophic injuries that require lifelong care. The Bronx construction accident lawyers at the Law Offices of Thomas J. Lavin fully understand the financial and personal stakes involved. Your job, your family, and your future may all be threatened by what happened on that job site.

With three decades of experience handling construction injury cases throughout New York — and deep familiarity with the Labor Law 240 and 241 claims that set New York apart from every other state — we know how to build the strongest possible case and fight for every dollar of compensation you are owed.

We also handle workplace injury claims more broadly, and if your accident involved property conditions controlled by a third party, our premises liability attorneys can evaluate that angle as well.

We never charge a fee until you receive compensation. If you were injured at a worksite in the Bronx, Brooklyn, or anywhere in New York State, speak to an experienced Bronx construction injury lawyer at the Law Offices of Thomas J. Lavin today.

Call us at 718-829-7400 or toll-free at 800-394-4216, or complete the form on our Contact Page to take the first step toward the recovery you deserve.