Construction Accidents

The steps that an injured worker takes immediately following a construction site accident can significantly impact his or her ability to recover disability payments and other compensation.

The New York construction accident attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. advise injured workers on what steps they should take in the aftermath of a construction accident. Our lawyers also help those workers to recover the largest available awards to reimburse their costs and expenses while they recuperate from their injuries.

4-part action plan: What to do after a construction accident

Every construction employee that suffers injuries in an on-the-job accident should follow a four-part plan, regardless of how minor his or her injuries may be:

Get medical help as soon as is possible.

Some construction injuries may not be immediately obvious, or the full scope of those injuries may not be apparent until several hours or days after the accident. A doctor’s exam will establish a baseline for injuries and will prevent employers and insurance companies from claiming that the injuries occurred as a result of other circumstances.

Collect and save evidence about the accident. 

If possible, take pictures of the accident scene. Get the names and contact information of any witnesses that observed the accident. Write down all of your memories about the accident, including when it happened and the chronology of events surrounding it. Save all invoices and bills from doctors and medical centers, and record expenses that you incur (e.g., transportation to and from doctor’s visits, etc.) as a result of the accident.

Report the accident to your employer.

New York construction employers are required to carry workers’ compensation and other liability insurance. Under the terms and conditions of those policies, injured employees have a limited amount of time after an incident to file accident and injury reports. If you are not able to file the report, ask for assistance and complete the report with a simple and accurate description of the incident and any resulting injuries.

Retain a construction accident lawyer.

The right attorney will guide you through completing an accident report for your employer and in taking all additional steps that are necessary to secure the largest available compensation for your injuries. In the confusion that inevitably follows a serious construction accident, injured employees might overlook their chance to recover all of the damages that they may be entitled to receive. A knowledgeable and experienced construction accident attorney in New York City will verify that no sources of potential recovery are missed.

Collecting full compensation after a construction accident

Construction workers may be entitled to more than just workers’ compensation benefits after they sustain injuries in an on-the-job accident. If you follow a simple action plan, you will have a better opportunity to recover:

• Lost wages that would have been earned if your injuries had not caused you to miss work;
• Reimbursement for payment of medical bills and expenses;
• Damages for your pain and suffering; and
• Compensation for the reduction in the quality of your life.

For Legal Representation Following an NYC Construction Accident

Please call Friedman, Levy, Goldfarb, & Green if you have suffered injuries in an on-the-job incident. Our lawyers represent injured workers in the Bronx, Manhattan, and throughout NYC and Long Island. We will fight tirelessly to get you the compensation you deserve. You owe us nothing unless we win money for you! Call today to see how much your case might be worth.

There are more than 250,000 construction sites in the United States on any given day.  A substantial number of those sites are in and around New York, where pedestrian foot traffic is a fact of city life. 

Contractors owe a duty of care to keep those pedestrians safe around construction sites. NYC’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. represents injured pedestrians seeking compensation for losses and injuries related to construction site accidents.

Understanding Construction Site Dangers and a Contractor’s Duty to Pedestrians

Pedestrian injuries near construction sites typically occur in one of three ways:

• Dropped tools or construction materials hit pedestrians walking near the site
• Construction equipment or machinery operators strike pedestrians that they did not notice
• Pedestrians slip and fall on uneven or unsafe construction surfaces

Pedestrians have a responsibility not to walk too close to a construction site and to follow safe pathways that construction contractors have arranged. Regardless, contractors will be liable for pedestrian injuries if they fail to follow simple safety procedures.

Who is Liable for Pedestrian Injuries at Construction Sites?

Multiple contractors and different companies typically conduct operations at a single construction site. The general contractor, one or more subcontractors, and the construction site owner or manager might each bear some portion of the liability for a pedestrian’s injuries.

Filing a lawsuit against the wrong parties can delay the resolution of the case and the payment of compensation for losses and injuries that a pedestrian suffered. Injured parties can avoid these unnecessary delays by hiring a knowledgeable and experienced construction accident attorney who is familiar with the common dangers and risks that construction sites pose to pedestrians.  

Estimating the Damages that an Injured Pedestrian Might Recover

In New York, an injured pedestrian must file his or her personal injury lawsuit within three years of the date of the accident. Filing the lawsuit as soon as is possible will always be an injured pedestrian’s best option because early filing will enable a construction site lawyer to analyze evidence and to interview witnesses while the circumstances surrounding the accident are still fresh in their minds.

If those circumstances show that a construction contractor’s negligence caused the pedestrian’s accident and injuries, then that pedestrian will have a strong case to recover compensation for:

• Present and anticipated future medical bills
• Wages and earnings that are lost while the pedestrian recuperates from injuries
• Expenses associated with physical and occupational therapy
• Pain and suffering, and loss of consortium and companionship
• Any reduction in the quality of the pedestrian’s life due to permanent injuries and impairments

Contact NYC Construction Site Injury Lawyers

The construction site injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley represent injured persons in the Bronx, Manhattan, Brooklyn, and throughout NYC and Long Island. Please call today for a free case review with a seasoned, savvy NYC construction site attorney. We will tell you how much your case is worth, and give you all the information you need to decide if you want to move ahead with a lawsuit. We work on a contingency fee basis, which means that you owe us nothing unless we recover damages on your behalf.

Additional Resources:

1. https://highways.dot.gov/: Everyone is a Pedestrian – For a Safe Path Through Work Zones, Don’t Miss Your Cues. https://www.fhwa.dot.gov/publications/research/safety/pedbike/issues/workzone.htm

• www.osha.gov: Pedestrian and Worker Safety. https://www.osha.gov/highway-workzones

Construction sites are filled with hazards—sharp tools, heavy materials, temporary structures, and the constant buzz of people and machinery moving around on ground and overhead. To prevent severe and deadly accidents, employees are required to wear specific safety gear and follow certain procedures and protocols, while employers are responsible for providing safe equipment, properly educating and training their staff, and promptly addressing any known hazards that could lead to accidents.

When these processes aren’t followed, the consequence is often a very serious and sometimes fatal accident.

If you are a construction worker or an innocent bystander who’s been injured, or the loved one of someone who lost his or her life in a construction accident, you may be eligible for more than workers compensation or other insurance offers.

At Friedman, Levy, Goldfarb, Green & Bagley, our NY construction accident attorneys have more than 50 years of experience helping injured workers and their families find and prove who is liable for the accident and hold those parties accountable financially. In many of our cases, there can even be a mixture of responsible parties, causing you to file suit against more than one entity.

Multiple parties may be held liable in a construction accident lawsuit in New York

Some common parties that can be totally or partially responsible for your injury include:

General and Sub-contractors

Employers are responsible for properly training its staff, enforcing safety protocols, providing necessary safety equipment, and taking reasonable action to address and remove hazards. When the employer or on-site management team fails to do these things, they can be held responsible.

Architects and Engineers

Safety and security of a building is a major part of its design. Architects and engineers must consider hazards when designing a building and planning its construction. Creating faulty designs with obvious hazards could make them responsible.

Manufactures of Construction Machinery or Equipment

Defective equipment, especially when it comes to power tools and large machinery, can be deadly. The company that makes the devices could hold responsibility for your injury. If the equipment requires regular inspections and has reached past its expiration, your employer may also be liable.

OSHA compliance officer

An OSHA (Occupational Safety and Health Act) compliance officer is responsible for evaluating procedures, environments, and other factors in order to identify and address violations to OSHA standards. If the compliance officer becomes aware of a hazardous situation, it is his or her responsibility to ensure that proper reprimands are taken so that the issue gets resolved. If a compliance officer neglects to do so by “looking the other way,” he or she could hold partial responsibility for the incident.

Insurance companies

Employers, contractors, and other responsible parties likely have insurance policies to cover themselves and their personal assets in situations such as this. In these incidents, due to the nature of insurance, the representative insurance company can be held liable for the current and future costs of your medical treatment and other expenses relating to the injury.

If you’ve been injured at a construction site, whether on-the-job or as a bystander, don’t wait to determine your legal rights. The sooner you contact a NY Construction Accident Lawyer from our firm, the more likely you will be to have a successful case resulting in a larger settlement. Contact us today for a free case evaluation.