Construction sites are inherently dangerous, and accidents can lead to severe injuries or even fatalities. If you or a loved one has been injured in an accident on a construction site, you need an experienced Brooklyn construction accident lawyer to protect your rights and fight for the compensation you deserve.
Whether you were injured while working on the job, visiting the site, or simply passing by, construction-related accidents can have life-altering consequences. From medical bills and lost wages to long-term disabilities and emotional trauma, the aftermath of a construction accident can be overwhelming.
Navigating the legal system on your own, especially while recovering, is not just difficult; it can also jeopardize your chances of a fair settlement. The CEO Lawyer Personal Injury Law Firm provides the legal support you need to maximize your recovery.
Why You Need a Brooklyn Construction Accident Attorney
Navigating the legal process after a construction accident can be overwhelming. Insurance companies and employers often try to minimize payouts, leaving injured workers struggling with medical bills and lost wages.
A skilled Brooklyn construction accident attorney can level the playing field and ensure you receive fair compensation. Here’s how we help.
Investigating Your Accident
A skilled construction accident attorney will gather crucial evidence, including:
- Accident reports and witness statements
- Photos and videos of the scene
- Safety violation records
- Expert testimony
They will also visit the accident site when possible to reconstruct the scene and identify any hazardous conditions or OSHA violations. This thorough approach helps build a strong foundation for your case and ensures no detail is overlooked.
Identifying Liable Parties
Construction sites often involve multiple parties. Your attorney will determine whether liability rests with your employer, a subcontractor, equipment manufacturers, or other entities.
This process includes reviewing contracts, safety protocols, and job responsibilities to pinpoint who was responsible for the unsafe conditions. By identifying all potential sources of liability, your attorney increases the chances of securing a full and fair settlement.
Fighting for Maximum Compensation
Your construction accident lawyer will negotiate with insurance companies and, if necessary, take your case to trial to secure the best possible outcome.
They will calculate the true value of your claim, taking into account current and future medical expenses, lost income, pain and suffering, and other damages. With strong legal representation, you’ll have an advocate who refuses to settle for less than you deserve.
Common Causes of Construction Accidents in Brooklyn
Construction accidents occur due to various factors, including:
- Falls from scaffolds, ladders, or roofs
- Falling objects or debris
- Equipment malfunctions or defective tools
- Electrocutions and burns
- Trench collapses or structural failures
- Negligent supervision or unsafe working conditions
Rights of Injured Construction Workers
Under New York Labor Laws (Sections 200, 240, and 241), construction workers have strong protections. You may be entitled to compensation for:
- Medical expenses: Injured workers are entitled to full coverage of all necessary medical treatment related to their injuries, including emergency care, surgeries, hospital stays, physical therapy, medications, and assistive devices. Unlike some states, New York does not impose arbitrary caps on medical benefits, meaning your care should be covered for as long as medically required.
- Lost wages and future earnings: If your injury forces you to miss work, you may recover a portion of your lost wages (typically two-thirds of your average weekly wage, subject to a state maximum). For severe injuries that prevent you from returning to construction work—or any work at all—you may also pursue compensation for lost future earning capacity.
- Disability or permanent injury: New York classifies disability into four categories (temporary total, temporary partial, permanent total, and permanent partial), each with different compensation levels. For example, a worker who loses a limb or suffers paralysis may qualify for permanent total disability benefits, which provide lifetime wage replacement.
What Is Not Covered by Workers’ Compensation?
While New York’s workers’ compensation system provides critical benefits for injured construction workers, it has limits. Notably, it excludes pain and suffering and wrongful death.
While workers’ compensation does not cover pain and suffering, you may pursue these damages in a third-party lawsuit if negligence (e.g., a subcontractor’s unsafe practices or defective equipment) caused your injury. Pain and suffering compensation accounts for physical agony, emotional distress, and reduced quality of life, often forming the most significant part of a settlement or verdict in personal injury cases.
If a construction accident results in a fatality, surviving family members may file a wrongful death claim for funeral expenses, lost financial support, and loss of companionship. Unlike workers’ comp death benefits (which are limited), a lawsuit under NY Labor Law 240/241 or negligence theories can secure fuller compensation.
Common Types of Construction Accidents
Even with strict safety regulations in place, accidents still happen far too often. Workers face a wide range of risks every day, from working at great heights to operating heavy machinery and handling live electrical systems.
When safety protocols are ignored or equipment fails, the consequences can be life-altering. Understanding the most common types of construction accidents can help injured workers recognize when they may be entitled to compensation and why legal representation is essential.
Falls From Heights
Falls are the leading cause of construction fatalities, often resulting in serious injuries like broken bones, spinal cord damage, or traumatic brain injuries. These accidents typically occur due to missing or defective safety gear, such as harnesses, guardrails, ladders, or scaffolding.
If your employer or site manager failed to implement fall protection systems or ignored OSHA safety requirements, you may have a strong legal claim. An experienced attorney can investigate the conditions and hold responsible parties accountable for these preventable incidents.
Equipment Malfunctions
Defective machinery, power tools, cranes, or forklifts can cause catastrophic injuries, including amputations, crush injuries, and even death. In some cases, equipment may malfunction due to poor maintenance, improper training, or faulty design.
A construction accident attorney can assess whether the issue stems from negligence on the job site or if a manufacturer is liable under product liability laws. By identifying the root cause, your lawyer can pursue compensation from the appropriate party, including third-party contractors or manufacturers.
Struck-by Accidents
Workers can be hit by moving vehicles (like trucks or forklifts), swinging crane loads, or flying debris from tools. These often occur due to poor visibility, lack of barriers, or failure to follow safety protocols.
Struck-by incidents are among OSHA’s “Fatal Four” construction hazards, frequently resulting in traumatic brain injuries or fatalities. If negligence, such as improper signaling, defective equipment, or failure to enforce high-visibility zones, contributed to the accident, you may have grounds for a strong legal claim.
Caught-in/Between Hazards
Trench collapses, machinery pinch points, or being trapped under collapsing materials can lead to crush injuries, amputations, or suffocation. These accidents frequently stem from inadequate shoring, unguarded equipment, or rushed demolition work.
New York’s “Labor Law 241(6)” specifically requires safeguards like trench boxes or proper sloping to prevent cave-ins, yet violations are tragically common.
Electrocutions & Burns
Exposed wiring, faulty equipment, or unsafe electrical practices can lead to severe injuries or even fatal accidents. Workers may suffer electrical burns, nerve damage, heart complications, or secondary injuries from falls caused by electrical shocks.
These accidents often occur because of poor site planning, lack of warning signage, or violations of electrical safety standards.
What to Do After a Brooklyn Construction Site Injury
A construction accident can leave you injured, confused, and unsure of your next steps—but taking the right actions immediately can make a critical difference in your health, your legal rights, and your ability to recover fair compensation. The decisions you make in the hours and days following an accident can significantly impact your case.
Here’s what you need to know to protect yourself and build the strongest possible claim.
Seek Medical Attention
Even if injuries seem minor, some conditions (like internal bleeding or concussions) may not be immediately apparent. Prompt evaluation by a medical professional ensures that hidden injuries are diagnosed and treated early, which can be critical to your recovery.
Additionally, having official medical documentation can serve as crucial evidence if you pursue a legal claim.
Report the Accident
Notify your employer as soon as possible after the accident occurs. Reporting the incident in writing, such as through an email or an official workplace accident form, creates a clear record of the event.
Include details like the time, location, how the accident happened, and any witnesses. Timely reporting not only protects your legal rights but is often a requirement under workers’ compensation laws.
Gather Evidence
Take photographs of the scene, your injuries, and any hazardous conditions that contributed to the accident. If there were any witnesses, collect their names and contact information in case their statements are needed later.
Keep a personal log of your symptoms and recovery process, and save all receipts and documentation related to medical care, lost wages, and other accident-related expenses. The more comprehensive your evidence, the stronger your potential case.
Contact a Brooklyn Construction Accident Lawyer
An experienced Brooklyn construction accident lawyer can help you understand your rights and guide you through the claims process. They can evaluate your case, gather additional evidence, negotiate with insurance companies, and represent you in court if needed.
Legal professionals are especially valuable in construction cases, where multiple parties such as contractors, property owners, or equipment manufacturers may be liable. Don’t navigate this complex process alone; get the legal support you deserve.
How Long Do I Have to File a Construction Accident Claim?
If you’ve been injured in a construction accident, it’s critical to act quickly.
New York law sets strict deadlines, known as statutes of limitations, for filing claims. Missing these deadlines could mean losing your right to compensation entirely.
Workers’ Compensation Claims
For injured construction workers, the primary avenue for recovery is typically a workers’ compensation claim. In New York, you generally have:
- 30 days to notify your employer of the injury (preferably in writing), and
- Two years from the date of the accident (or from the date you knew or should have known the injury was work-related) to file a formal workers’ compensation claim with the New York Workers’ Compensation Board.
Failing to meet either deadline could result in your claim being denied. It’s vital to report your injury and begin the claims process as soon as possible.
Personal Injury Claims for Non-Employees
If you were a bystander, pedestrian, or visitor injured at or near a construction site, your path to compensation may be through a personal injury lawsuit rather than workers’ comp. In this case, you typically have 3 years from the date of the accident to file a personal injury lawsuit in New York.
However, if your claim is against a government entity (such as a city agency responsible for public construction), you must file a Notice of Claim within 90 days of the incident, and you have 1 year and 90 days to file suit.
Don’t Wait to Seek Legal Advice
Even though these timeframes may seem generous, gathering evidence, identifying liable parties, and building a strong case can take time. The sooner you speak with a qualified Brooklyn construction accident lawyer, the better your chances of protecting your rights and securing the compensation you deserve.
Let Our Brooklyn Construction Accident Law Firm Help You
When navigating the aftermath of a construction accident, you need a Brooklyn personal injury lawyer who combines relentless advocacy with strategic insight. The CEO Lawyer Personal Injury Law Firm stands out by leveraging cutting-edge investigative techniques, including collaboration with industry experts and accident reconstruction specialists, to strengthen your claim.
If you or a loved one has been injured in a construction accident, don’t wait to seek legal help. The CEO Lawyer Personal Injury Law Firm is dedicated to fighting for the rights of injured workers and victims in Brooklyn.
With our experience, resources, and aggressive approach, we’ll hold negligent parties accountable and pursue the maximum compensation you deserve—whether through settlement negotiations or in court.
You don’t have to face this alone. Contact us today at (833) 254-2923 for a free consultation, and let us take on the legal battle while you focus on recovery.
