Construction workers face some of the most hazardous working conditions of any industry, often contending with dangerous heights, heavy machinery, and countless other risks on a daily basis. Given these ever-present dangers, it is no wonder that construction workers have one of the highest injury rates of any job in the United States.
At Keith D. Silverstein & Associates, we understand how overwhelming it can be to suffer a serious injury, particularly when your injury makes it impossible to work and requires substantial medical treatment. If you or a loved one has been injured in a construction accident, reach out to us today; we can help you explore your legal options and explain your rights under New York law, including New York’s scaffolding law, workers’ compensation law, and more.
Common Construction Site Accidents & Injuries
According to the Occupational Safety and Health Administration (OSHA), roughly one in five worker deaths in 2021 (the latest year for which data are available) occurred within the construction industry. Sadly, these deaths—and the countless construction injuries that occur each year—are often preventable. Most result from safety standard violations, as well as general negligence.
Some of the most frequently cited OSHA safety standard violations for 2021 included:
- Improper fall protection
- Inadequate respiratory protection
- Unsafe or defective ladders
- Poor hazard communication
- Dangerous scaffolding
- Lack of fall protection training
- Improper control of hazardous energy and materials
- Improper eye/face protection
- Inadequate machine guarding
Most of these accidents are preventable if employers take the right steps, but our fall protection attorney has seen how badly things can go wrong. Unprotected roofs, floor openings and ledges hold the top spot for fall hazards, followed by poorly erected scaffolding. The third leading cause of falls in construction is unsafe ladders. taking the proper steps to address these issues are an employer's responsibility, but some do not rise to the duty.
These types of safety violations, among others, can lead to all types of construction accidents, including serious falls, toxic exposure, machine entanglement, industrial truck accidents, scaffolding collapses, cave-ins, and more. Due to the serious nature of these types of accidents, construction workers are at risk of severe or even fatal injuries.
Some of the most common construction-related injuries include:
- Brain injuries
- Broken bones/fractures
- Crush injuries
- Exposure to harmful substances
- Head and neck injuries
- Hearing damage/loss
- Internal injuries
- Nerve damage
- Organ damage
- Partial and total paralysis
- Spine injuries
- Sprains and strains
- Torn ligaments
- Asbestosis and other asbestos-related illnesses
If you suffered a serious injury on the job or related to your employment, reach out to Keith D. Silverstein & Associates as soon as possible. You could be entitled to compensation for your medical expenses, lost wages, and other damages; our New York City construction accident attorneys can help you understand your legal rights during a free and confidential consultation.
What to Do After a Construction Accident
If you are involved in a construction accident, the first thing you should do is seek medical attention. If necessary, call 911 and wait for an ambulance to arrive. If you do not need an ambulance, you should still go to the nearest hospital, urgent care center, or doctor’s office as soon as possible.
Next, you should report the incident to your employer. If you wish to seek workers’ compensation benefits, you must report the injury within 30 days, but the sooner you let your employer know that you were injured at work or because of your job, the sooner your employer can begin the workers’ compensation process.
Once you have sought initial medical treatment and notified your employer, it is a good idea to contact a New York City construction accident lawyer with experience handling construction accident claims, like those at Keith D. Silverstein & Associates. Our lawyers can review the details of your case and determine whether you are entitled to workers’ compensation benefits, personal injury damages, or both. With more than three decades of legal experience, including considerable time in insurance defense, our founding attorney knows how the other side operates—and knows how to counter those tactics when advocating for your maximum recovery.
Establishing Liability for Your Damages
Workers’ compensation is a no-fault system. Therefore, if you are seeking workers’ compensation benefits after a construction accident, you do not need to prove that anyone was “at fault” or otherwise responsible for the incident that caused your injury or illness. However, if you are not eligible for workers’ compensation, or if you wish to pursue a personal injury claim in addition to workers’ compensation benefits, you will need to establish liability.
To prove that the other party (known as the defendant) is liable for your damages, you will need to prove each of the following elements:
- The defendant owed you a duty of care, meaning they had a legal responsibility to take certain measures to prevent foreseeable injury
- The defendant failed to uphold the duty of care they owed to you, typically by being negligent, acting wrongfully, or violating the law
- You were injured and suffered measurable losses, or “damages,” as a result of your injury, such as medical expenses, lost wages, and pain and suffering
- The defendant’s failure to uphold the duty of care (i.e., their negligent or wrongful conduct) was the cause of your injuries and resulting damages
The team at Keith D. Silverstein & Associates utilizes all available evidence and works alongside accident reconstructionists, economists, medical professionals, and other experts to determine exactly what happened and who is liable.
What Types of Damages Are Available to Injured Construction Workers?
Whether you seek workers’ compensation benefits or file a personal injury claim after a construction accident, you could be entitled to compensation for certain losses, or damages.
These damages may include:
- All medical expenses related to your injury
- Lost income, wages, and employment benefits
- Projected future medical care costs
- Physical and mental pain and suffering
- Loss of earning ability and future income
- Permanent and significant disfigurement
- Emotional distress and anguish
- In-home assistance and care
- Home or vehicle modifications
We strive to help injured construction workers recover maximum compensation for their losses. Our New York City construction accident attorneys have successfully recovered numerous favorable settlements and jury verdicts for their clients; learn how we can help you with your claim by contacting us today and requesting a free case review.
Powerful Advocacy for All Types of Construction Accident Claims
Our construction accident lawyers in New York City possess the knowledge and experience to help construction workers from all backgrounds and trades. Our past clients include union members, laborers, asbestos abatement workers, crane operators, electricians, demolition workers, and blasters, just to name a few.
We can help you no matter the circumstances of your construction site injury, including injuries related to:
- Scaffolding accidents, ladders, or falls from heights
- Machinery accidents, including those involving cranes, forklifts, and excavators
- Accidents caused by defective tools and machinery
- Trench, wall, and structure collapses
- Exposure to hazardous materials, such as benzene and asbestos
- Electrical fires and burn-related injuries of any kind
Regardless of whether a property owner, architect, site manager, general contractor, or machine operator is to blame for your injuries, we will work tirelessly to investigate the cause of your accident and help you hold the responsible parties accountable for their actions.
How Our NYC Construction Accident Lawyers Can Help
When you've been injured in a construction accident in New York City, navigating the legal process can be overwhelming. That's where the dedicated team at Keith D. Silverstein & Associates comes in. As experienced New York City construction accident lawyers, we are here to fight for your rights and help you obtain the compensation you deserve.
Our skilled attorneys have a deep understanding of the complex laws and regulations governing construction accidents in New York City. We will thoroughly investigate your case, gather evidence, interview witnesses, and consult with experts to build a strong claim on your behalf. We will work tirelessly to establish liability and hold the responsible parties accountable, whether it's the site owner, contractor, subcontractor, or equipment manufacturer.
Additionally, we understand the physical, emotional, and financial toll a construction accident can have on your life. We will compassionately guide you through every step of the legal process, providing support and personalized attention. Our goal is to alleviate your stress and allow you to focus on your recovery.
With our extensive experience and proven track record, we have recovered significant compensation for our clients in construction accident cases. We will aggressively negotiate with insurance companies and, if necessary, take your case to trial to ensure you receive the maximum compensation you are entitled to for medical expenses, lost wages, pain and suffering, and more.
Time Limits for Filing Your New York City Construction Accident Injury Claim
If you've been injured in a construction accident in New York City, it's crucial to be aware of the time limits, known as statutes of limitations, for filing your personal injury claim. In New York, the statute of limitations for construction accident injury claims is generally three years from the date of the accident.
However, it's important not to delay in seeking legal representation and initiating your claim. Waiting too long can jeopardize your case, as evidence may be lost, witnesses' memories may fade, and critical deadlines may pass.
To ensure the best possible outcome for your construction accident claim, it is highly recommended that you consult with an experienced New York City construction accident attorney as soon as possible after the accident. We will evaluate your case, determine the applicable statute of limitations, and guide you through the legal process.
Comparative Negligence in New York Construction Accident Cases
If you were partially at fault for your construction accident in New York, you may still be able to recover compensation under the state's comparative negligence law. New York follows the rule of pure comparative negligence, which means that your compensation will be reduced by the percentage of fault assigned to you.
For example, if you were found to be 20% at fault for the accident, and the total damages were determined to be $100,000, your compensation would be reduced to $80,000.
It's important to note that even if you were partially responsible for the accident, you may still have a valid claim and be entitled to recover damages for your injuries. However, the compensation you receive will be proportionally reduced based on your degree of fault.
Navigating the complexities of comparative negligence laws requires the expertise of a skilled New York City construction accident attorney. At Keith D. Silverstein & Associates, we have a deep understanding of these laws and how they apply to construction accident cases. We will diligently investigate the circumstances of your accident, gather evidence, and work to minimize the percentage of fault assigned to you.
Our goal is to maximize your compensation and ensure that you receive a fair recovery for your injuries, even if you bear some responsibility. Contact our experienced team today for a free consultation. We will assess your case, explain your rights, and provide you with the personalized legal guidance you need during this challenging time.
No Recovery, No Fee
Because we offer our legal services on a contingency fee basis, you do not pay anything upfront or out of pocket when you hire our team. Instead, we cover the initial costs associated with litigating your case and only collect attorney fees if/when we secure compensation for you.
In other words, if we do not recover a settlement or verdict on your behalf, you do not pay any legal fees.
We Care About Your Healing Our Client's Story
"My husband was injured a few years ago and Keith D. Silverstein & Associates was there to help him receive the compensation he deserved. They worked hard and never settled for anything less than what they thought he was entitled to."- Virginia
Best Law Firms
New York Leading Personal Injury Attorney
The National Trial Lawyers Top 100 Lawyers
American Association for Justice
When to Hire a Personal Injury Lawyer in New York
- Personal Injury
Best Tips for Working With a Personal Injury Lawyer
- Personal Injury
Understanding Types of Spinal Cord Injuries After a Car Accident: New York City Spinal Cord Injury Lawyer Explains
- Car Accident
Causes of Scaffolding Accidents and Collapses in New York
- Workers' Compensation
How to Prevent Falls in Construction
- Construction Accident,
- Workers' Compensation
Recovering Compensation for a New York City Scaffolding Accident
- Construction Accident,
- Workers' Compensation