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Construction accident law in New York refers to the specific regulations, statutes, and case law that govern workplace injuries occurring on construction sites throughout the state. Construction work is inherently dangerous and New York has some of the most comprehensive laws in the nation to protect workers and hold responsible parties accountable for injuries and accidents. Victims of construction accidents may be entitled to workers' compensation, and in many cases, they may have the right to file a personal injury lawsuit against property owners, contractors, or other involved parties. New York law takes a particularly protective approach for construction workers due to the high-risk nature of the industry.
Construction accidents can result in complex legal issues, workers' compensation claims, and potential lawsuits that individuals might find overwhelming without legal guidance. Here are common situations where having an attorney is essential:
An experienced construction accident lawyer can protect your interests, ensure all deadlines are met, gather important evidence, and fight for fair compensation on your behalf.
New York has unique laws and legal protections specifically designed for construction workers. The most notable include:
Strict deadlines (statutes of limitations) apply to construction accident lawsuits, and these claims require prompt action and detailed legal knowledge.
You should notify your employer or site supervisor about the accident as soon as possible, seek medical attention for your injuries, document the scene and your injuries if you are able, and preserve any evidence such as photographs or witness contact information.
You may be eligible for both workers’ compensation benefits and additional compensation through a lawsuit against third parties like property owners or contractors, especially under New York's Labor Laws.
The Scaffold Law (Labor Law Section 240) holds property owners and contractors strictly liable for height-related accidents. If you suffered a fall or were struck by a falling object on a construction site, this law may allow you to seek substantial compensation beyond workers’ compensation, even if you were partially at fault.
Yes, under New York law, almost all employers are required to carry workers’ compensation insurance to cover employees injured on the job.
For workers’ compensation claims, you generally must notify your employer within 30 days and file a claim within two years. Lawsuits against third parties usually have a three-year statute of limitations, but some cases may have shorter deadlines.
Workers’ compensation covers medical expenses and a portion of lost wages. In a separate lawsuit against responsible third parties, you may recover for pain and suffering, full lost wages, medical bills, disability, and more.
It is illegal for an employer to fire or retaliate against you for filing a legitimate workers’ compensation claim in New York.
Yes, New York law provides construction accident protections and workers’ compensation benefits to all workers, regardless of citizenship or immigration status.
It is unwise to accept any settlement from an insurance company without first consulting an experienced construction accident lawyer who can evaluate the offer and ensure your rights are protected.
Most construction accident lawyers in New York work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The fee is typically a percentage of the recovery.
If you or a loved one have been hurt in a construction accident in New York, it is important to act quickly to protect your rights and potential compensation. Start by getting medical treatment and reporting the injury to your employer. Collect any evidence you can, such as photos and witness information. Next, contact an experienced construction accident lawyer to discuss your case. A lawyer can explain your legal options, handle communications with insurance companies and employers, and guide you through the complex claims process. Most lawyers offer free consultations, so do not hesitate to seek professional help as soon as possible.
