Construction and Workplace Accident FAQs

A construction accident is any injury occurring on a construction site or resulting from construction activities. These accidents can affect workers, visitors, or pedestrians and typically stem from negligence or safety violations. Common types include falls from heights (the leading cause of construction deaths), struck-by accidents involving falling objects or equipment, trench collapses, heavy equipment accidents, electrocution, caught-in/between incidents, explosions and fires, slips and falls, and equipment defects. These incidents range from minor injuries to fatalities and often result from violations of New York Labor Laws or OSHA regulations.

Multiple parties can be held liable depending on who controlled the dangerous condition. Primary liable parties include general contractors (responsible for overall site safety), subcontractors (liable for unsafe conditions in their work areas), property owners (must maintain reasonable site safety), and employers (in certain circumstances). Third parties may include equipment manufacturers, architects and engineers, site managers, equipment suppliers, and the City of New York for municipal projects. Under New York Labor Laws, property owners and contractors owe non-delegable duties to maintain safe work sites, meaning they remain responsible even when hiring others to perform the work.

Yes. New York follows pure comparative negligence, allowing you to recover damages even if partially at fault. However, the applicable law affects how this works. Under Labor Law § 240 (Scaffold Law), comparative negligence generally does not reduce your recovery due to strict liability, unless you were solely responsible. Under Labor Law § 241(6) or ordinary negligence claims, your recovery is reduced by your percentage of fault. For example, if awarded $100,000 but found 20% at fault, you receive $80,000. Even if you made safety mistakes, you likely have grounds for a claim.

Absolutely. Pedestrians and visitors injured at or near construction sites can file claims against responsible parties. You can pursue compensation if struck by falling objects, injured by unsafe barriers or inadequate warnings, hurt on public property due to construction negligence, or injured on private property with permission. Liable parties may include general contractors, subcontractors, property owners, construction companies, equipment manufacturers, and the City of New York for municipal projects. Construction site accidents affecting bystanders often violate New York Labor Law § 200, which requires reasonable protection for all individuals at or near the site.

The Porter Law Group handles all major construction accident types throughout New York, including gravity-related accidents (falls from scaffolding, ladders, or platforms; falling objects; crane accidents), site hazard accidents (electrocution, trench collapses, heavy equipment accidents, slips and falls), equipment-related accidents (defective tools, forklift accidents, scaffolding collapses), high-risk incidents (building collapses, fires, explosions, demolition accidents), and pedestrian/visitor injuries (struck-by accidents, falling objects on walkways). We represent all worker classifications, including union and non-union workers, carpenters, ironworkers, electricians, plumbers, and maintenance workers, working under Labor Laws 200, 240, and 241 to maximize compensation.

Priority one: seek immediate medical attention by calling 911 and getting evaluated, even for seemingly minor injuries. Report the accident to your supervisor immediately and request formal documentation. Document the scene with photographs and videos of the location, hazards, and injuries if safe to do so. Gather witness information including names, contact details, and statements. Preserve all evidence including defective equipment, clothing, and materials involved. Request copies of incident reports, safety inspections, and maintenance records. Do not make recorded statements to insurance companies, accept quick settlements, or sign documents without legal counsel. Consult an attorney immediately. Your actions at the scene significantly impact your case.

The statute of limitations depends on your claim type. Personal injury lawsuits against contractors, property owners, or equipment manufacturers have a 3-year deadline from the accident date. Wrongful death claims have a 2-year deadline from the date of death. Government entity claims have much stricter deadlines: you must file a Notice of Claim within 90 days of the accident and file a lawsuit within 1 year and 90 days. Workers' compensation claims require reporting within 30 days. While you technically have time, waiting weakens your case as evidence disappears and witnesses' memories fade. Consult an attorney immediately, don't wait until deadlines approach.

Construction accident lawsuits typically take 1-3 years or longer to resolve. The timeline includes immediate medical treatment and investigation (weeks to months), determining full damages scope (2-6 months), investigation and filing (1-3 months), discovery and depositions (several months to over a year), and negotiation/mediation (up to a year). If settlement isn't reached, trial may take 1-2+ years from filing. Factors extending timelines include multiple defendants, complex engineering issues, serious injuries requiring extensive medical proof, and court backlogs. Most cases settle before trial, making typical resolution 12-24 months from accident to final settlement check, with payment taking an additional 4-6 weeks.

Our thorough investigation includes immediate scene documentation with photographs and videos of hazards, safety violations, and conditions; witness interviews with workers, supervisors, and emergency responders; collection of safety records including equipment maintenance logs, inspection records, and training documentation; review of site records and contracts between owners and contractors; expert analysis from construction safety experts, engineers, and medical professionals evaluating whether OSHA and New York labor law standards were followed; comprehensive medical records documenting injuries and treatment; employment and wage documentation; and regulatory records from OSHA investigations and Department of Buildings violations. We preserve critical evidence before scenes are altered, secure surveillance footage, and document defective equipment, ensuring depth of investigation that reveals negligence patterns and establishes clear liability.

Settlements involve negotiation after depositions and discovery, with demand letters sent to insurance companies who review liability and damages evidence. Settlements can be lump-sum payments or structured periodic payments over time. Damages include economic compensation (full lost wages, future earning capacity loss, medical expenses, out-of-pocket costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, permanent disability). If you received workers' compensation benefits, you must reimburse those through subrogation. After signing the release, insurance companies have 21 days to process payment, with total timeline typically 4-6 weeks to final payment. Settlement amounts depend on accident complexity, injury severity, number of parties, insurance coverage limits, and evidence strength.

You have 3 years from the accident date to file a personal injury lawsuit against general contractors, subcontractors, property owners, or equipment manufacturers. Wrongful death claims have a 2-year deadline from the date of death. However, claims against government entities have much stricter deadlines: you must file a Notice of Claim within 90 days of the accident and a lawsuit within 1 year and 90 days. Missing the 90-day deadline is typically fatal to your claim. While you technically have three years for most claims, waiting weakens your case as construction sites change rapidly, evidence disappears, and witnesses' memories fade. Consult an attorney immediately.

No. While workers' compensation provides benefits regardless of fault, you may also pursue third-party lawsuits against parties other than your employer. Liable third parties can include general contractors, subcontractors, property owners, equipment manufacturers, architects, engineers, site managers, and equipment suppliers. These third-party claims can recover full damages including complete lost wages (workers' compensation typically covers only partial wages), pain and suffering, emotional distress, and future earning capacity loss, which is not available through workers' compensation alone. Under New York Labor Laws § 240, 241(6), and 200, property owners and contractors owe non-delegable duties to maintain safe work sites, creating additional avenues for recovery beyond workers' compensation.

You can seek both economic and non-economic damages. Economic damages include full lost wages (workers' compensation typically covers only partial wages), future earning capacity loss if injuries permanently impact your career, all medical expenses (past and future) including surgery, therapy, and ongoing treatment, and out-of-pocket costs such as home modifications, specialized equipment, and transportation. Non-economic damages include pain and suffering from physical injuries, emotional distress and psychological impact, loss of enjoyment of life, and compensation for scarring, disfigurement, or permanent disability. Third-party lawsuits provide significantly more comprehensive compensation than workers' compensation alone, which is limited to partial wage replacement and medical benefits.

Construction accident victims can recover economic and non-economic damages through third-party claims. Economic compensation includes full lost wages (not just the partial wages from workers' compensation), future earning capacity loss for permanent injuries affecting your career, complete medical expenses covering past and future surgery, therapy, and ongoing treatment, and out-of-pocket costs including home modifications, specialized equipment, and transportation needs. Non-economic damages compensate for pain and suffering from physical injuries, emotional distress and psychological trauma, loss of enjoyment of life and daily activities, and scarring, disfigurement, or permanent disability. These damages far exceed workers' compensation benefits, which only provide partial wage replacement and medical coverage without pain and suffering compensation.

Beyond workers' compensation, third-party lawsuits allow you to recover full lost wages (workers' compensation typically covers only two-thirds of wages), complete future earning capacity loss if injuries permanently affect your career, pain and suffering damages for physical injuries, emotional distress and psychological impact compensation, loss of enjoyment of life damages, and compensation for permanent disability, scarring, or disfigurement. You can also recover all medical expenses not covered by workers' compensation and out-of-pocket costs for home modifications and specialized equipment. However, if you received workers' compensation benefits, you must reimburse those through subrogation from your third-party settlement to prevent double compensation, though your attorney typically handles these negotiations.

Yes. Family members can file wrongful death lawsuits if a construction accident proves fatal. Survivors have 2 years from the date of death (not the accident date) to file. Eligible family members typically include spouses, children, and parents who can recover damages for loss of financial support, loss of companionship and consortium, funeral and burial expenses, and the decedent's pain and suffering before death. If the injured worker survives but cannot pursue claims due to incapacity, family members may be appointed as legal representatives to file on their behalf. Additionally, family members may have derivative claims for loss of consortium when a loved one suffers serious permanent injuries affecting family relationships and support.

Yes. Construction accident cases are highly complex, involving multiple liable parties, intricate New York Labor Laws (§ 240, § 241(6), § 200), OSHA regulations, and insurance company negotiations. Attorneys conduct thorough investigations before construction sites change, preserving critical evidence, gathering witness statements, and securing expert testimony from construction safety specialists and engineers. They identify all liable parties (contractors, subcontractors, property owners, equipment manufacturers) to maximize recovery, navigate workers' compensation subrogation issues, and handle strict deadlines, especially the 90-day Notice of Claim requirement for government entities. Experienced construction accident attorneys understand how to prove violations of safety standards and negotiate with insurance companies to secure maximum compensation that far exceeds initial settlement offers.

Construction accident lawyers typically work on a contingency fee basis, meaning you pay no upfront costs or hourly fees. The attorney only gets paid if you recover compensation through settlement or trial verdict. The fee is a percentage of your recovery, typically 33% to 40% depending on case complexity and whether the case settles or goes to trial. If you don't win, you owe nothing for attorney fees. This arrangement allows injured workers to access experienced legal representation regardless of their financial situation. Some firms also advance case costs (expert witnesses, investigation expenses, filing fees) and only recoup these if you win, removing all financial barriers to pursuing your claim.

Generally, no. Workers' compensation typically prevents direct lawsuits against your employer. This is called the "exclusive remedy" rule. However, you can pursue third-party lawsuits against other parties responsible for your injuries, including general contractors, subcontractors, property owners, equipment manufacturers, architects, engineers, and site managers. These third-party claims often provide significantly more compensation than workers' compensation alone. In rare circumstances, you may sue your employer if they intentionally caused your injury, lacked required workers' compensation insurance, or if you qualify as an independent contractor rather than an employee. Under New York Labor Laws, property owners and contractors remain liable even when they hire others, creating multiple avenues for recovery beyond your employer.

Yes. Most construction accident cases settle before trial, making out-of-court settlement the typical resolution. Settlement negotiations usually begin after depositions and discovery, when both sides have evaluated the evidence of liability and damages. Your attorney sends demand letters to insurance companies, who then review the strength of your case. Negotiations often occur over several months and intensify as trial approaches. Settlements can be structured as lump-sum payments or periodic payments over time. The typical timeline for settlement is 12-24 months from accident to final payment, significantly faster than going to trial which can take 1-3+ years. You must approve any settlement agreement before it becomes final, ensuring you're satisfied with the compensation offered.