Blog
Common Construction Site Injuries and Who’s Liable in NYC
One of the most common sights you encounter when in New York City is construction sites. The city is constantly being renovated and refashioned, which means a significant amount of work for construction companies.
Construction Site Injury FAQs (New York City)
What are the most common construction site injuries in NYC?
Common construction site injuries in New York City include fractures, soft tissue injuries (sprains and strains), burns from electrical accidents, spinal cord injuries from falls, and traumatic brain injuries (TBIs). Many of these injuries occur due to falls from heights, falling debris, heavy machinery accidents, and unsafe working conditions.
Who is liable for a construction accident in New York City?
Liability depends on the circumstances. Injured construction workers typically file for workers’ compensation benefits through their employer. However, if a third party—such as a subcontractor, general contractor, or property owner—was negligent, you may be able to file a separate personal injury claim against them.
Can I sue my employer after a construction site injury in NYC?
In most cases, no. New York’s workers’ compensation system prevents employees from suing their direct employer for workplace injuries. Instead, workers receive benefits for medical expenses and lost wages. However, third-party lawsuits may still be possible if someone other than your employer caused the accident.
What if I was a pedestrian injured near a construction site in NYC?
If you were a passerby injured by falling debris, equipment, or unsafe site conditions, you may be able to file a premises liability claim against the property owner, general contractor, or site manager. These parties have a duty to maintain reasonably safe conditions for the public.
What compensation can I recover after a construction accident in New York?
Construction accident victims may recover workers’ compensation benefits, including medical treatment and partial wage replacement. In third-party personal injury claims, you may also seek compensation for pain and suffering, full lost wages, future medical care, disability, and other damages.
Are falls from scaffolding covered under special New York laws?
Yes. New York has specific labor laws—often referred to as “Scaffold Law” protections—that provide strong legal rights for workers injured in gravity-related accidents, such as falls from scaffolding or ladders. These laws can hold property owners and contractors strictly liable in certain circumstances.
How long do I have to file a construction accident claim in NYC?
Workers’ compensation claims must be reported promptly to your employer, typically within 30 days. Personal injury lawsuits in New York generally must be filed within three years of the accident, though shorter deadlines may apply if a government entity is involved. Speaking with a construction accident attorney as soon as possible helps protect your rights.
Construction sites can be very dangerous places, however, both for the workers and passersby. If you have been hurt in an accident involving a construction site, it’s essential to know what your legal options are. Learn more about the most common construction site injuries and who may be liable for your losses.
Frequent Types of Construction Site Injuries
All manner of injuries can occur as a result of construction site accidents. The following are the most common.
Fractures
Bone fractures are common when dealing with heavy machinery and powerful tools. There are numerous types of bone breaks, from stress fractures that tend to occur as a result of repetitive motions, to more severe breaks that cause bones to split into two or three pieces or result in bones piercing the skin.
Fractures often require surgery to heal. This can mean facing significant medical expenses and not being able to work as you recover.
Soft Tissue Injuries
Soft tissue injuries are wounds that impact your tendons, muscles, and ligaments. You can sustain sprains and strains from lifting heavy items or twisting a body part incorrectly while working at the construction site.
Most people assume soft tissue injuries are minor and go away on their own, but that’s not always the case. Serious ones can require surgical interventions and ongoing care. Some people end up struggling with chronic pain from these wounds.
Burns
Working at a construction site can put you in contact with high-voltage electrical cables that could lead to electrocution injuries, such as burns. These are complex injuries to treat, especially second- and third-degree burns.
They carry a high risk of causing septic shock, and it’s very common for victims of severe burns to develop respiratory illnesses like pneumonia. This can be a life-threatening medical complication.
Spinal Cord Injuries
Slip and fall accidents, especially from heights, can cause serious wounds. These include spinal cord injuries. Your spinal cord allows your brain to communicate with the rest of your body via a network of nerves, so if anything happens to it, you can experience motor function issues, as well as a loss of sensation in the impacted areas.
These are catastrophic injuries that can alter your life, making it impossible to work or even perform everyday tasks. In some instances, you can suffer complete paralysis.
Traumatic Brain Injuries
If anything hits your head, it can cause your brain to shift in your skull. That damages brain tissue and nerves, leading to chemical changes that affect cognition, mood, and even personality. The mildest of these injuries are concussions, but you can sustain others that could result in permanent brain damage.
Liability After Injuries in NYC Construction Sites
If you are a construction site worker and suffer an injury, it’s not always easy to know what your legal options are. You will need to file for workers’ compensation benefits to receive coverage for your medical expenses and lost wages. Because your employer carries this insurance, you cannot file a lawsuit against them.
However, if a third party was involved in the accident that resulted in your injuries, you may be able to pursue a personal injury claim against them. An example would be if a contractor’s conduct caused your injuries. In these instances, you’ll have to demonstrate that the other party was negligent in their conduct.
What if you were a passerby struck by construction equipment? In that instance, you can pursue a claim against the site manager or owner for not maintaining safe premises. You have to show that they owed you a duty of care that they failed to uphold, resulting in your injuries.
Injured at a Construction Site? Ask4Sam
If you were hurt in a construction site accident, you may be entitled to file a claim for compensation. That is not something that you should attempt to pursue on your own. With assistance from experienced representation, you can fight for the damages you deserve.
At Silberstein & Miklos, our team of personal injury lawyers can guide you through the process of beginning a claim. We know how to obtain a significant amount of evidence and negotiate with insurance companies so that you can receive damages. Contact our team to schedule a free consultation with one of our attorneys.
