Who Can Be Held Liable for Construction Accidents?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Construction Accidents


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.

Scaffolding Accidents – New York Construction Zone Dangers

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Personal Injury Lawsuits

construction worker on construction site at sunset

Scaffolds are a regular feature of life in New York. They are a necessary element of building construction and maintenance, but unfortunately, they are also the catalyst for thousands of accidents every year.

The scaffolding accident lawyers at Manhattan’s Friedman, Levy, Goldfarb & Green represent construction workers and commuters who have suffered injuries in scaffolding mishaps.

We understand and have extensive experience with New York’s scaffold law that enables injured construction workers to recover the full amount of their damages from accidents around scaffolds. We also aggressively challenge the construction companies and their insurers that deny reasonable payments to commuters who suffer injuries from falling debris and other scaffolding problems.

Common Causes of Scaffolding Accidents

The causes of injuries from scaffolding accidents around New York construction zones generally fall into one of four categories:

  • Scaffolds that were not erected properly or that were used at capacities beyond their ratings;
  • Improperly secured tools and other objects that fall from scaffolds and injure parties standing below them;
  • Electrocutions from metal scaffolding that comes into contact with power lines; and
  • Inadequate employee training on how to safely work on or near a scaffold.

An injured party’s ability to recover damages will depend on his or her attorney’s skill and ability to show that those injuries were the direct and proximate result of another party’s negligence.

Special Protection for Construction Workers: The New York Scaffold Law

A construction worker’s employer might try to argue that the worker was responsible for their own scaffolding injuries as a result of not following job site rules and regulations. Under Section 240 of the New York Labor Law (the ”Scaffold Law”) a construction company cannot use a construction employee’s own negligence as a defense to paying damages. The Scaffold Law also requires employers to provide all necessary safety equipment to construction workers who perform tasks on scaffolds. If an employer fails to provide that equipment, the employer will be completely responsible for an injured worker’s damages.

How a Scaffolding Accident Lawyer Can Help You to Recover Damages

Multiple contractors and sub-contractors perform tasks at any given construction site on any day. A scaffolding accident lawyer at our firm can determine which of those entities bears the primary responsibility for the injuries you have sustained.

When a construction worker is injured on a scaffold, we will work to recover damages from all available sources. This includes maximizing workers’ compensation payments and recovering damages for negligence that are outside of the scope of workers’ compensation.

Our attorneys will also verify that a claim is filed before the expiration of any applicable statutes of limitations. An injured party in New York has three years from the date of the injury to file a negligence lawsuit. If, however, New York City or New York State was responsible for the injuries, then the injured party must file notice of an intent to pursue a claim within 90 days of the accident, and that party must then file a lawsuit within one year and 90 days of that date.

Friedman, Levy, Goldfarb, Green & Bagley, P.C.: Scaffolding Accident Lawyers

Construction companies and other entities that use scaffolds are responsible for ensuring the safety of their workers and of any other persons who are in the vicinity of the scaffolds. Friedman, Levy Goldfarb & Green represent injured parties in Manhattan, the Bronx, Brooklyn, a Long Island, and throughout the New York City metro area to recover damages for their injuries when those companies fail to live up to their responsibilities.

Please call us to speak with one of our scaffolding injury lawyers today. All consultations are free, and you owe us no money unless we win money for you.

Additional Resources:

Pediatric Malpractice Lawyer New York

Little Child Lying in the Hospital Bed

No parent expects a medical professional to make a mistake that could jeopardize their child’s health and safety. Unfortunately, it does happen. Pediatric malpractice – mistakes made by doctors and other medical professionals in the care of children – can have a long-term impact on the injured child and their family and potentially cause permanent damage.

The NYC pediatric malpractice attorneys at Friedman, Levy, Goldfarb & Green understand the impact that a medical injury can have on a child and his or her family. Our team has been fighting for the rights of those harmed by medical errors since 1975. We advocate for full and fair compensation so that you do not need to bear the financial burden for a doctor’s mistake.

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Who can commit pediatric malpractice

Legally speaking, malpractice happens when a physician or other medical professional fails to meet the standard of care required of doctors in a similar situation, and the patient is harmed as a result. In everyday language, this means the medical caregiver was not reasonably careful compared to other professionals in that field of practice, facing similar circumstances, and in that geographic region.

The term “malpractice” is generally used to refer to negligence by someone who is licensed by a professional board. This can include doctors, nurses, pharmacists, and other types of medical professionals. However, pediatric medical malpractice cases can also include allegations of negligence against hospitals, medical practices, and other legal entities. It is important to bring a claim against the proper parties; an experienced malpractice lawyer can help sort through the facts and ensure the right parties are included in a lawsuit.

Types of pediatric medical malpractice cases

When a medical professional fails to meet the standard of care required of the profession and it leads to harm, there may be a malpractice claim. In pediatric practice, the most common causes of medical malpractice lawsuits are:

  • Failure to diagnose or misdiagnosis (the most common missed diagnosis is meningitis, while appendicitis is second on the list)
  • Improper medication prescription or administration

Malpractice claims can also include:

  • Misinterpreting or failing to read lab results
  • Failing to order reasonably necessary tests
  • Surgical errors
  • Ignoring relevant patient history
  • Improper follow-up care
  • Overlooking symptoms

Pediatric malpractice lawyers work with industry professionals in order to understand and prove these and other kinds of medical errors. The pediatric malpractice lawyers at Friedman, Levy, Goldfarb & Green understand the complexity of these types of cases and use expert testimony and modern technology to prove the impact of medical errors to a judge and jury.

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Recognizing pediatric malpractice cases

If your child has been on the receiving end of a bad medical decision, it may be a difficult pill to swallow, but not every error is necessarily malpractice. Doctors, nurses, and other medical workers are human and do not make perfect assessments or choices all the time. There are a couple of factors to consider:

Standard of care

Understandable mistakes might not necessarily constitute malpractice. Malpractice is a mistake that a reasonably careful doctor would not have made. To account for this, New York court procedures require that when a plaintiff files a complaint (a legal document that starts a lawsuit) for medical malpractice, his or her attorney must, at the same time, file a certification stating he or she has consulted a licensed health care expert reasonably believed to be knowledgeable on the issues at hand, and that based on the consultation, the attorney believes there is reasonable basis for the lawsuit.

Even after the complaint is filed, expert testimony will likely be needed to continue with the case. Later in the case, a plaintiff will usually need to file an expert’s report and present the expert at trial. In some cases, such as when a doctor left a surgical tool inside a patient, the expert may not technically be required, but may still be helpful for proving damages.

Seriousness of injury

Pediatric malpractice claims are among the highest-paid by liability insurers because injuries to young, developing children have the potential to impair lifelong growth and learning. Regardless of how serious you believe a medical error or resulting pediatric injury was, it is worthwhile to consult with a New York City pediatric malpractice lawyer.

Pediatric medical malpractice attorneys serving NY

The medical malpractice attorneys at Friedman, Levy, Goldfarb & Green understand the ins and outs of malpractice claims and the impact they have on the families of those who suffer because of medical negligence. We proudly serve clients in Manhattan, the Bronx, Brooklyn, and throughout NYC and Long Island. We take the time to get to know you and understand your claim so we can fight for maximum compensation. Call today to schedule a free, no-obligation consultation.

Additional pediatric malpractice resources:

  1. MedicineNet, Most Common Medication Errors https://www.medicinenet.com/drugs_the_most_common_medication_errors/views.htm
  2. NCBI, Pediatrics: Malpractice Risk Among US Pediatricians, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3666113/

I Fell in a Parking Lot. Who Pays my Medical Bills?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Slip And Fall Injuries

By one estimate, approximately 11,000 pedestrians are injured in parking lots every year. Many of those injuries are the result of automobile collisions, but others happen due to unsafe conditions that cause pedestrians to fall. The New York City slip and fall lawyers at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. help accident victims to recover payments for medical bills when a parking lot owner’s negligence creates dangerous conditions that lead to injuries from falling.

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Determine who owns or manages the parking lot.

This can be a difficult task for parking lots at commercial shopping centers that serve many different tenants. These lots are generally managed by a contractor or property manager that will be responsible for repairing potholes, clearing ice and snow, and removing dangerous debris. Parking facilities owned by state or local governments pose a different challenge. If you fall in a public lot, you may be required to provide a prompt and preliminary notice to the appropriate government entity as a condition to filing a lawsuit to recover compensation for your medical expenses. An experienced slip and fall attorney is best able to analyze your accident and to determine which party is responsible for eliminating the dangerous parking lot conditions where you fell.

Record all information about the conditions that caused the parking lot fall.

Take pictures of the conditions that caused you to trip. If your fall occurred in the evening, check if all outdoor lighting is working properly. Note the exact location of your fall and how far you were from your destination when you fell. That information can be used as evidence to allocate responsibility to the party that will be responsible for your medical bills.

Get a prompt medical exam after your fall, even if you are not sure of who will pay the medical bills.

A prompt medical exam after you have fallen in a parking lot will establish an objective record of your injuries. If you wait several days or weeks to have a medical exam, the party that is ultimately responsible to pay compensation for your injuries might argue that intervening causes (e.g. other falls or accidents) are responsible for those injuries.

Have You Been Injured? Click to call for a FREE consultation!

If you were on the job when you fell, you may have a worker’s compensation claim.

Your employer’s workers compensation insurance will cover medical expenses for injuries that you incur while you are on the job and performing work-related tasks.  If you are on the job when you fall in a parking lot, take careful note of what tasks you are handling and verify that those tasks are job-related.

Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. To Recover Damages for Injuries from Parking Lot Falls in New York

The accident lawyers in the Manhattan offices of Friedman, Levy, Goldfarb, Green & Bagley will fight for the compensation you need to pay your medical bills after a parking lot fall and to cover for lost wages when you are unable to work, among other expenses. We represent individuals that have suffered injuries in slip and fall accidents in Manhattan, Bronx, Brooklyn, and throughout NYC and Long Island. Please us today to schedule a no-cost case review with one of our knowledgeable and experienced slip and fall accident attorneys.

Scaffolding Accident Lawyers in New York

construction workers on building site

An experienced NYC scaffolding accident lawyer knows that construction is one of the most dangerous lines of work. Every year, dozens of scaffolding accidents occur in New York City, resulting in catastrophic injuries or fatalities. According to the Occupational Safety and Health Administration (OSHA), approximately 65 percent of the construction industry works on scaffolds. Further, 72 percent of the workers injured in these accidents attributed it to slipping, the support or planking giving way or to the victim being struck by a falling object. While all of this is alarming, the good news is that these accidents can be minimized by adhering to OSHA standards. The bad news is that these standards are not complied with frequently enough, and many innocent workers are injured every year as a result.

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Scaffold Accidents: Dangerous Conditions that Lead to Injuries 

Scaffolding accidents are often avoidable. Unfortunately, many workers in New York suffer scaffolding accident injuries each year due to a variety of factors. The dangerous conditions that can lead to an accident can stem from poor training, faulty construction, or dilapidated scaffolding equipment.  

Getting to the bottom of how a scaffolding accident happened is an important step in any injury case. This involves evaluating how an accident occurred and determining who was ultimately responsible. Some of the dangerous conditions that can lead to scaffolding accidents include:  

  • Scaffolding defects. Many accidents occur due to problems with the scaffolds. Some scaffolds are defectively designed, increasing the risk of collapse even when they are used as directed. Manufacturing defects could also result in dangerous scaffolding.  
  • Improper construction. Mistakes made during the construction of scaffolding can lead to accidents. This is true even when scaffolding is not defective. When construction does not follow installation instructions or best safety practices, accidents can happen.  
  • Inadequate training. One of the major causes of scaffolding accidents is a lack of appropriate training. Lack of training can cause an accident when it comes to improperly setting up scaffolding. It can also be the cause of a fall when a worker on top of scaffolding is unclear on how to safely traverse it.  
  • Poor maintenance. While scaffolding is sturdy, that does not mean it will last forever without upkeep and care. Planks and scaffolds can wear out over time, especially when they are not stored or cared for properly. The lack of adequate maintenance could result in an accident.  
  • Risk of fall objects. Some scaffolding accidents are unrelated to the scaffolding itself. One of the most dangerous threats of harm involves the risk of falling objects striking workers on scaffolding. These accidents occur when the area is not secure or when scaffolding is placed in the wrong position.  

Our law firm has the resources to do a comprehensive investigation into your accident to determine the conditions that led to your injury and who is responsible for them. 

Statistics about Construction Injuries 

According to the U.S. Bureau of Labor Statistics:

  • There were 91 fatal occupational injuries in New York City in 2019
  • There were 24 occupational fatalities among construction workers in New York City in 2019, 23 occupational fatalities caused by a fall to a lower level, and eight occupational fatalities caused by being struck by a falling object or equipment other than a powered vehicle
  • Nationwide in 2019, there were 1,066 fatal occupational injuries in the construction industry, an increase of 6 percent and the highest total since 2007
  • In 2019 nationwide, 37 occupational fatalities resulted from a fall from a collapsing structure or equipment
  • There were 241 occupational fatalities nationwide in 2019 that involved a worker being struck by a falling object or equipment 

How Does New York Protect Construction Workers?

While statistics on scaffold collapse fatalities and injuries are discouraging, New York’s Scaffolding Law (LAB § 240) affords greater protections for construction workers and independent contractors who are injured on the job. New York is the only state that imposes strict liability, also known as “absolute liability,” for construction-related fall accidents while involved in repair, demolition, or construction.

The term “absolute liability” means that the construction site owner, contractor, or private builder may be held wholly responsible for any elevation-related injury sustained on the job. This is categorized as a third-party case, meaning it is a claim above and beyond workers’ compensation benefits. Strict liability can only be overcome if the defendant proves that the scaffold did provide proper protection and that the worker was the sole cause of the accident.

Talk with an experienced personal injury attorney for a free consultation!

Will this Affect My Workers Comp Claim?

If you suffered injury from a construction-related fall accident, it’s imperative to seek legal guidance right away. Friedman, Levy Goldfarb & Green P.C. is an New York City law firm that understands the nuances of Labor Laws 240/241 and will aggressively pursue maximum money damages for your lost wages, ongoing medical expenses, pain, and suffering.

Our experienced New York City construction accident lawyers leverage decades of experience advocating for clients in complex scaffolding collapse accident cases. Many victims shy away from litigation, thinking it will negatively impact a worker’s compensation claim. In reality, our clients may also have grounds for filing a personal injury lawsuit against negligent general contractors, sub-contractors, construction site owners, or other culpable entities in addition to or instead of a worker’s compensation claim.

Our experienced attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. understand how to advise our clients on which claim(s) to pursue to maximize their financial recovery.

Scaffolding Accidents that We Handle

Our attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. provide superior legal representation to New York workers who suffer scaffolding injuries from:

  • Preventable falls from elevation attributed to lack of safety measures
  • Scaffold tower accidents that could be avoided with regular inspections and safety compliance
  • Electrocution
  • Getting struck by falling debris, tools, and construction materials
  • Scaffolding failures caused by shoddy construction, bad planking, and defects at attachment points
  • Overturning of scaffold/ collapse
  • Slip and fall accident

Causes of Scaffolding Accidents

In a study by The Bureau of Labor and Statistics, 72% of workers injured in a scaffold accident said the planking or support gave way, or a falling object struck them. Therefore, it is vital for your attorney to thoroughly investigate the incident–because in construction, most of the workforce perform their jobs on scaffolding. Some of the common factors that can lead to these types of accidents include:

Defective Scaffolding

Falls from scaffolding are often attributed to insufficient guardrails or improper installation. In addition, the Occupational Safety and Health Administration  (OSHA) requires fall protection when work heights reach 10’ or more. Further, many scaffolding accidents occur due to defective equipment. For example, it may be faulty because it has outlived its useful life, or footing surfaces are dangerous because they are oily, slippery, or wet. Under these conditions, accidents are far more likely.

In some cases, these defects are present in the design. In other situations, manufacturing errors can result in structurally unsafe platforms. Moreover, scaffolding can also fail when there are issues in its construction. For example, it can collapse when the necessary bracing has not been installed.

Poor Maintenance

Construction companies cannot simply erect scaffolding and then forget about it. Like any heavily-used construction equipment, it must be maintained to ensure it stays in safe working order. For example, planks often need to be replaced, and joints occasionally need to be tightened.

Inadequate Training

Scaffolding accidents can also occur when there is nothing structurally wrong with the equipment. In these situations, inadequate training is usually the most common reason for an accident. Working on these platforms is inherently dangerous. It requires employees to perform their jobs while avoiding risks. When an employer fails to train their staff and an accident happens, they could be liable for any injuries.

Lack of Safety Equipment

Scaffolding is only part of the equation when it comes to workplace safety. Some scaffolding accidents can occur when workers are not provided with other safety tools that can prevent an accident. For example, the lack of access to adequate fall protection equipment could have catastrophic consequences.

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Eligibility requirements for N.Y. Labor Law 240

New York Labor Law 240 states that “all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

To pursue a scaffolding lawsuit pursuant to Labor Law 240, the worker must have been performing one of these duties at the time of the accident:

  • Building
  • Repairing
  • Demolition
  • Painting
  • Cleaning
  • Erection of braces, hoists, blocks, ladders, irons, pulleys, stays, ropes, or other kinds of equipment
  • Altering

In addition, the plaintiff must have fallen from an elevated structure such as a tower crane, scaffold, or ladder or harmed because of a falling item.

Scaffold Accidents, Injuries, and Deaths

Scaffold collapse falls are associated with severe injuries, including:

Why Time is of the Essence

In New York, the statute of limitations for scaffolding accidents is three years to file a lawsuit. If the victim dies, then the statute of limitations for their loved ones is two years to file a wrongful death claim. Two or three years may seem like a long time. However, at Friedman, Levy, Goldfarb, Green & Bagley, P.C., we strongly advise you to hire an experienced NYC construction accident lawyer as soon as possible.

Potential defendants in scaffolding accident cases are fully aware that they may be on the hook financially for extensive damages. Because of that, they have a strong incentive to hide, conceal, remove, or alter evidence that may point to their liability. Additionally, eyewitnesses to the accident are more likely to disappear, refuse to cooperate, or not clearly remember what they observed with the passage of time.

By hiring the right lawyer as soon as possible, your advocate can begin investigating, building your case, and interviewing eyewitnesses immediately, which will maximize the quality and quantity of evidence in your favor. Also, you communicate to the defendant that you must be taken seriously and that you are perfectly willing to take this case all the way to trial if necessary. Many defendants are averse to trial for a variety of reasons. Therefore, you may increase the likelihood of reaching a fair settlement agreement much earlier in the process.

Schedule Your Free Consultation with a Slip and Fall Lawyer Today!

Put our experience to work for you

We are here to help construction workers obtain justice for the financial, physical, and emotional consequences of scaffolding injuries. We perform thorough investigations to gather evidence. Our knowledge of state labor laws gives our clients a competitive edge when it comes to securing settlement monies. For more than five decades, our NYC construction accident lawyers have fought for injured construction workers throughout New York City and Long Island. If you have been injured in an NYC scaffolding accident, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. 24 hours a day to book your free consultation.

New York Construction Accident Deaths Reach “Epidemic” Proportions

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Workers' Compensation

construction siteNew York construction accident statistics show a steep increase in serious injuries and fatalities, while safety inspections decline. The New York Committee for Occupational Safety & Health called the 71 New York State construction worker deaths in 2016 “an epidemic of construction fatalities.” The numbers reflect a workplace culture that is not as dedicated to safety as it should be. The vast majority of these incidents are preventable.

Behind the numbers, dozens of New York families are suffering in the aftermath of serious disability or sudden death. Contacting a NYC construction accident attorney at Friedman, Levy, Goldfarb, Green & Bagley will connect you with the services you need to receive expert medical care and pay for it through the exercise of your legal rights. Compensation for negligence claims may include past, present, and future medical expenses, loss of wages and productivity, emotional pain and suffering, and – in the event of death — loss of companionship and support, burial costs, and funeral expenses.

New York City Construction Accident Statistics

According to a report of the New York-Newark-Jersey City metro area published by the U.S. Bureau of Labor Statistics on March 12, 2018:

  • Fatal work injuries totaled 222 in 2016 for the metro area.
  • New York City placed #1 in work-related fatalities among the 10 largest metros in the U.S.
  • Nationwide, there was a 7% increase in fatal injuries from 2015-2016.
  • Construction and extraction occupations had the highest number of fatal work injuries with 59.
  • Transportation and material moving workers were at second-highest risk of death with 43 fatalities.
  • Men accounted for 92% of victims, with Hispanic or Latino workers accounting for nearly a third of fatalities.
  • From 2011-2015, construction-related fatalities in the city increased from 17 to 25.
  • OSHA inspections fell about 27% from 2,722 in 2011 to 1,966 in 2015.
  • During that time period, the number of OSHA inspectors were reduced from 82 to 66.
  • Of 2,000 OSHA site visits in 2014, nearly 70% resulted in safety citations.
  • 80% of construction fatalities in 2014 and 74% in 2015 occurred at nonunion sites.

New York’s Epidemic of Construction Fatalities

New York City worker fatalities have gone up 21.3% within the last five years for which data is available, but the problem is not just relegated to the city. New York State in general saw a 29.5% increase in occupational death rate during that same time period.

Despite the fact that New York ranks among the 13 safest states in occupational fatalities, its construction fatality rate puts the state among the 10 most dangerous states for construction workers.

What to Do After an On-the-job Injury

Most construction site accidents result in serious injuries, from broken bones and traumatic brain injuries, to spinal cord damage and electrocutions. The first step is always to call 9-1-1 and seek immediate medical attention. Even if your injuries were not severe enough to require emergency care, you should still see a doctor in the days that follow to report any minor symptoms. Sometimes seemingly minor aches and pains turn out to be worse than expected in the long run. Be sure to report the accident to a construction manager, project owner, or other superior at once. Later, you may need to report the accident to OSHA and insurance providers.

If you suspect your injury was not entirely your own fault, you are probably right! It’s best to seek legal counsel right away to avoid dismissal of your construction accident claim. The statute of limitations for most negligence claims in the State of New York is three years from the date of the accident. However, claims against a government agency or public entity must be filed within 90 days, with a lawsuit to follow within a year. For fatalities, loved ones have up to two years from the date of the accident to file a claim on behalf of the deceased.

Call the New York Construction Accident Lawyers at Friedman, Levy, Goldfarb, Green & Bagley

If you work in New York City, Manhattan, Bronx, Long Island, or Brooklyn, have your on the job injury evaluated by a legal expert specializing in the field. Over the past 50 years, Friedman, Levy, Goldfarb, Green & Bagley, P.C. has developed a reputation for substantial personal injury settlements and jury awards. You need only look at some of our case summaries to get a sense of what we can achieve for you. Many of our NYC construction accident settlements have topped $1 million, $2 million, or even $3 million. Contact a New York construction accident lawyer for a free, no-obligation consultation to explore your full set of legal options.

Additional resources:

  1. Bureau of Labor Statistics – Fatal Work Injuries, https://www.bls.gov/regions/new-york-new-jersey/news-release/fatalworkinjuries_newyorkarea.htm
  2. NY Times – Construction Worker Deaths Up, https://www.nytimes.com/2017/09/27/nyregion/with-construction-worker-deaths-up-city-council-tightens-regulations.html
  3. NY Daily News – NYC Construction Deaths and Injuries Rise As Inspections Decline, http://www.nydailynews.com/new-york/nyc-construction-deaths-injuries-rise-inspections-decline-article-1.2948948
  4. Construction Dive, Nearly Half of all Construction Worker Deaths Are Fall-Related, https://www.constructiondive.com/news/nearly-half-of-all-construction-worker-deaths-are-fall-related-database-fi/516410/

Recent Verdicts and Settlements

See Results We Get for Our Clients.

These are actual results we have obtained in verdicts and settlements for our clients. Results may vary.

$20,000,000 Jury Verdict — Colon Damage During Colonoscopy Goes Undetected, Bronx

The case involved a 42 year old man who underwent a colonoscopy at a Bronx Hospital. During the procedure, the doctor caused several small perforations and then ignored our client’s complaints of pain and sent him home. This delay in diagnosis allowed his condition to worsen and led to the need for emergency surgery. Our client required removal of a portion of his colon and the creation of a colostomy. He also endured subsequent surgeries to reverse his colostomy and to repair abdominal hernias that developed due to his multiple operations.
The case was tried because the defendant doctor refused to consent to settle the case.

$6,500,000 Settlement — Construction Accident, Labor Law, Manhattan

The plaintiff, a 39-year-old local 14-14B operating engineer of the International Union of Operating Engineers sustained serious injuries to his back when he fell on temporary steps made from stacked cinder blocks on a construction site in midtown Manhattan. As he descended the steps, one of the cinder blocks toppled over causing the plaintiff to fall on his back. The plaintiff sustained multiple herniated discs and required the implantation of a spinal cord stimulator, as well as a series of epidural steroid injections. The Court agreed with our arguments that the defendant building owner and general contractor were liable as a matter of law under Labor Law Section 240(1) and granted summary judgment to the plaintiff on liability. As the case was approaching trial on damages, we were able to convince the defendants of their potential financial exposure, and they increased their settlement offer by several million dollars.

$6,000,000 Settlement — Medical Malpractice, Queens

Errors by several doctors in diagnosis and treatment led to a long period of suffering and ultimately the death of the cherished husband of our client. This 49-year-old man, who was also the father of two young daughters, had a history of asymptomatic heart valve disease when he was presented to the defendant doctors over a period of two months with complaints of pain and high fever. With the help of experts we retained in Internal Medicine, Cardiology, Pulmonary Medicine and Infectious Diseases, our office was able to prove that a mistaken diagnosis was made by the first doctor the deceased saw and then followed by his other doctors. We established that as a result of these doctors’ negligence, he developed a severe heart infection with numerous horrific complications. Our ability to prove that his death from a pulmonary embolus nine months later was caused by the doctors’ earlier mistakes, led to a very substantial settlement that will provide his family with the resources to completely fund his daughters’ education and otherwise dramatically improve the quality of their lives in his absence.

$5,000,000 Settlement — Piece of Building Strikes Pedestrian, Manhattan

Our 40-year-old client lived every New Yorker’s worst nightmare. As he walked on a Manhattan sidewalk, a football size piece of building ledge broke off and fell to the sidewalk striking our client in the head, fracturing his skull and causing a traumatic brain injury. The ledge had previously been repaired pursuant to Local Law 11, but the repairs that were made used improper materials resulting in the piece of ledge breaking off the building. Our firm hired structural engineers to inspect the cement, and they determined that the wrong materials had been used in the repair. We sued the building owner, the construction company that made the repair and the inspection company hired to ensure the repair was done correctly. The defendants argued they had no notice of the defective condition and disputed plaintiff’s traumatic brain injury. All defendants moved to have the case dismissed, and we defeated their summary judgment motions. They appealed and we won in the appeals court as well. On the eve of jury selection the defendants increased their settlement offer from $1 million to $4 million, which we rejected, and the case settled at jury selection for $5 million.

$4,980,000 Jury Verdict — Motor Vehicle Accident, Brooklyn

The plaintiff was a front seat passenger in a vehicle that was rear-ended by the defendant. The plaintiff sustained a tear to posterior tibial tendon, ankle injury, and spinal injury. After the jury heard the evidence they were convinced that the defendant was negligent and awarded this substantial verdict.

$4,200,000 Settlement – Construction Accident, Labor Law, Manhattan

Our client, a 47 year-old member of the International Union of Operating Engineers Local 14-14B, sustained significant injuries to his ankle, elbow, neck, back, and shoulder, requiring three surgeries and leaving the plaintiff permanently disabled. While working on the loading dock of a large apartment building construction project, the plaintiff leaned against a guard rail which unbeknownst to him had been unbolted to accommodate material deliveries to the site, and he fell to the roadway below. The site owners attempted to blame the plaintiff himself for failing to properly supervise the loading dock, but after the Court granted summary judgment to the plaintiff under Labor Law Section 240(1), the defendants agreed to mediation and a settlement was reached securing the financial future of our client.

$3,500,000 Jury Verdict — Dental Malpractice, Manhattan

The plaintiff was caused to have trigeminal neuralgia as a result of a dentist’s removal of a filling and his placing of an acid etch preparation which leaked into the pulp chamber. The Plaintiff’s temporomandibular joint dysfunction was also aggravated, she was caused to have an abortion due to possible side effects of drugs she was taking, and she suffered a pseudo-heart attack when she stopped taking the prescribed pain medication. Upon hearing all of the evidence, the jury awarded the jury verdict for past and future pain and suffering.

$3,400,000 Settlement — Construction Accident, Labor Law, Manhattan

The plaintiff, a 48-year-old District Council 9 (DC9) union painter sustained serious injuries to his arm when he attempted to move heavy wooden wall panels being stored on a construction site. As he attempted to move the panels, they fell over causing him to strike his elbow on the corner of one of the panels and sustain severe nerve damage to his arm requiring surgery. Defendants sought to have the case dismissed, but the Court agreed with our arguments that the building owner and general contractor could be held liable for the incident, and rejected defendants’ argument that the plaintiff himself was the cause of the incident, and that NYS Labor Law did not apply to the claims. The case was scheduled for trial, but defendants settled when faced with the onslaught of plaintiff’s construction, medical, economic and rehabilitation experts.

$3,300,000 Settlement — Medical Malpractice, Queens

40-year-old schizophrenic becomes brain damaged because of hospital neglect when hospital staff failed to administer oxygen in emergency room.

$3,100,000 Settlement — Leg Amputation, Queens

An airport baggage handler was struck by a luggage cart being driven by another handler which tragically resulted in his right leg being amputated at the knee joint. He came to our firm for advice on a workers compensation claim, having been previously told this was his only remedy. We did not accept this at face value and conducted an investigation which revealed that the driver of the luggage cart was not an employee of the airline in which our client worked for, but was rather employed by a subcontractor who was hired to assist with the baggage handling operation. By identifying a target defendant who the law allowed to be sued, we took our client from zero damages to a three million dollar settlement.

$3,167,000 Settlement — Bridge Painter Falls From Broken Scaffold, Queens

The plaintiff was working on Hell’s Gate Bridge when the scaffold he was standing on broke, causing him to fall 60 feet and sustain severe brain injuries. The Plaintiff was not provided with any safety lines, tie-lines, or safety nets in violation of OSHA regulations. The case case settled before the start of trial.

$3,000,000 Settlement — Construction Accident, Labor Law, Queens

The plaintiff, a 55 year old Electrical Worker’s Union Local 3 electrician sustained serious injuries to his legs and feet when a switch gear he was hoisting at a construction site slipped out of the hoisting straps and fell over onto the plaintiff’s legs. The plaintiff suffered serious fractures to his legs and feet requiring five surgeries to repair, and leaving him permanently disabled. The City of New York and general contractor tried to have the case dismissed, arguing that the plaintiff was the sole cause of his own accident, since he was the one who secured the straps and performed the hoisting. Using affidavits from construction experts we hired to examine and analyze how the accident occurred, we not only convinced the court that the defendants were wrong in their application of the law, but we were able to convince the court that it was the plaintiff who was entitled to summary judgment under Labor Law Sec. 240, and the court agreed, granting judgment to the plaintiff on the issue of liability. Just before the case was to proceed to trial on damages, the settlement was reached, securing the financial future for our client and his family.

$2,900,000 Settlement — Construction Accident, Labor Law, Bronx

The plaintiff, a 54 year old District Council 9 Union painter suffered a broken knee, torn meniscus and broken foot when he ten feet fell from a ladder while painting the outside of a building in a new shopping center. When our client reported to the worksite to perform touch up painting there were no ladders available for him to use, so the project foreman told him to scour the worksite and find a ladder. All the painter could find was the top half of a broken extension ladder which had no feet, and while painting, the bottom of the ladder slid out causing him to fall to the ground. Despite two surgeries to repair the injuries, our client was found to be permanently disabled and was unable to return to work. We were able to win summary judgment against the owner and general contractor under Labor Law sections 240 and 241, and the defendants then chose to settle the case rather than go to trial on damages.

$2,800,000 Jury Verdict — Police Brutality, Bronx

Our client was a victim twice on this terrible night. Returning home from work on New Years Eve he was mugged on a subway train. The muggers escaped through the crowds and as he was on the subway platform, bleeding from the mugging, the police approached and treated him like he was the criminal. He was badly beaten again by the police, handcuffed and brought to a holding cell where he was tied with electrical cord and placed in a body bag being used as a restraint. The police charged him with resisting arrest and disorderly conduct. This firm first defended him at his criminal trial and although it was his word against five police officers, we won an acquittal. We then sued the police and Transit Authority for false arrest and brutality and won a huge victory for this young man.

$2,750,000 Settlement — Object Thrown From Building, Bronx

In an act of madness a stone was thrown from the roof of a building in the Bronx, striking a young woman in the head, causing her to become paralyzed on one side of her body. Although the police never arrested anyone for this action our firm accepted the case. An exhaustive investigation established that the owner of the building knew non-residents congregated on the roof, that things had been thrown from the roof before and that the stone that struck our client had been used by the superintendent to prop open the roof door, a violation of city regulations. Exhaustive interviews with people in the neighborhood revealed who had thrown the stone. This information was reported to the police and the insurance company. The landlord paid our client a settlement consisting of a large cash payment up front and monthly payments for the rest of her life.

$2,700,000 Settlement — Medical Malpractice, Brooklyn

Joy turned quickly to crushing loss for our client after his 29-year-old wife delivered their second child. Bleeding that was noted during her cesarean section was not adequately controlled and lab tests showing continued blood loss were ignored until she developed severe anemia and suffered a heart attack. By immediately arranging, at our expense, for a pathologist to perform an independent autopsy and by quickly consulting our obstetrics expert, we were able to establish that transfusions and a re-operation should have occurred hours earlier and would have prevented her death from cardiac arrest. With the information obtained from our independent autopsy and our OB/GYN expert, we were able to convince the doctors’ attorney to agree to settle this case in the extraordinarily short time of less than one year after her tragic death for an amount that will allow the education of her children in private primary schools and college.

$2,650,000 Jury Verdict — Construction Accident, Labor Law, New York City

Our client, a member of the Union of Operating Engineers was operating a forklift during the excavation of a prominent entertainment venue in NYC. A one-of-a-kind material hoist at the site collapsed under him, dropping him to the bottom of the excavation and causing devastating injuries. The insurance company for the contractor responsible for the hoist refused to settle for an amount we thought was fair. The case was tried to a jury verdict, which was more than triple the settlement offer. The defendants appealed and the Appellate Court affirmed the verdict finding the evidence we produced at trial was exhaustive and totally persuasive on the seriousness of our client’s injuries.

$2,500,000 Settlement – Construction Accident, Labor Law, Manhattan

The plaintiff, a 42 year-old IBEW Local 3 Electrician, was in a 100 year-old freight elevator with more than a dozen other construction workers, when the elevator fell four stories to the basement. Most of the construction workers sustained serious injuries, including our client who sustained injuries to his shoulder requiring surgery, and aggravation of pre-existing back injury. Our client returned to work and had a subsequent accident with serious back injuries, which led to his permanent total disability. Using medical and elevator experts, we were able to convince a mediator and the insurance company that we would be able to prove to a jury that the first accident left our client’s back in a weakened condition which ultimately led to the serious back injury almost two years after the first accident.

$2,500,000 Settlement – Construction Accident, Labor Law, Manhattan

Our client, a 47 year-old tiling supervisor was walking the construction site at a large Manhattan Hotel renovation project, when he stepped onto a piece of sheetrock that was being used to cover a floor penetration. The sheetrock crumbled under his weight and his leg fell into the opening causing his body to fold in half causing serious injuries to his leg, hip and back, requiring two surgeries. The hotel owner, general contractor and carpentry company responsible for protecting floor openings blamed my client and his company for this impermissible use of sheetrock to cover floor openings, but we were able to convince the Court that it was the owner and general contractor that were responsible, and the Court granted plaintiff summary judgment under Labor Law Sections 240(1) and 241(6). Shortly thereafter the case was settled.

$2,250,000 Settlement — Airline Crash, Federal Court

Retained by the family of a mother of four who lost her life aboard American Airlines Flight 587, the firm gathered information and documentation to show how this hard-working single parent had supported her family and how devastating her loss was to them. The case settled without a trial.

$2,100,000 Jury Verdict — Trip and Fall Accident, Brooklyn

A decrepit steel plate in a city sidewalk covering a vault caused our client, a private waste hauler, to trip and injure his back. This hard worker suffered two herniated discs in his lumbar spine which resulted in major surgery – a two-level disc fusion with the insertion of titanium plates to stabilize his spine. The City of New York which owned the sidewalk, The New York City Transit Authority which owned an elevated subway line above the accident site and the abutting private landowner all denied ownership of the metal plate or responsibility for its condition. An exhaustive investigation using engineers, the examination of a decade old City plan, schematics and no small amount of dogged persistence uncovered evidence that the plate and vault below it was owned by the New York City Transit Authority. A jury awarded damages for pain and suffering, lost income and medical expenses, both in the past and in the future to compensate this disabled worker.

$1,600,000 Settlement — Motor Vehicle Accident, Rockland

Wrongful death action where the decedent’s last words were “Tell my wife and kids I love them.”

$1,500,000 Settlement — 8 Year Old Girl Falls Through Skylight on Roof Playground of School, Brooklyn

An 8 year old student at a yeshiva in Brooklyn fell through an open skylight on the roof playground of her school while out at recess with her classmates. The skylight, which was used as part of wedding ceremonies by the catering hall that rented space in the school, had not been fully closed, and when a ball bounced into the enclosure which surrounded the skylight, the little girl climbed over the 42 inch fence, in full view of her teachers, and fell approximately thirty feet down to the floor below suffering multiple fractures and requiring several surgeries. Both the school and the catering hall made motions to dismiss the case arguing that the accident was the fault of the other, but we successfully argued that the accident was both their faults and the motions were denied. The case then proceeded to trial and following jury selection, the case was settled.

$1,500,000 Settlement — Negligent Supervision of a Special Needs Student, Queens

A special-needs student became separated from her class on a field trip, wandered away and became the victim of a heartless assault. The firm proved that the procedures required to insure the security of these students were not followed and a substantial settlement was placed in trust for this young woman.

$1,500,000 Settlement — New York City Transit Authority Bus Accident, Bronx

New York City Transit Authority Bus strikes a pedestrian causing severe fracture and degloving of her leg.

$1,475,000 Settlement — Taxi Accident, Manhattan

As our 80-year-old client was entering a yellow taxicab on the upper eastside of Manhattan, the driver of the cab began to pull away from the curb before our client was fully in the cab. Our client fell out of the taxi onto the road, hitting his head on the pavement. He was rushed to the hospital with a traumatic brain injury which required the surgical insertion of a ventricular catheter to drain the subdural hematoma he suffered in the fall. We immediately commenced a lawsuit, and after the taxi’s insurance company offered its entire $100,000 insurance coverage, we were able to pursue a claim against the Supplementary Underinsured Motorist (SUM) coverage of our client’s own automobile insurance policy.

$1,450,000 Jury Verdict – Dental Malpractice, Failure to Diagnose Infection, Nassau County

Our 75 year old client developed an infection when her dental bridge detached on one end. Before beginning the repair work, her dentist took x-rays in which the infection was identifiable, but he failed to recognize the infection and took no steps to treat it. Without treatment the infection worsened and traveled to her brain, finally requiring a craniotomy to remove the infected brain tissue. The insurance company refused to make any settlement offer and after we proved to the jury that the signs of infection were present in the first x-ray the dentist took, and that had he taken a second x-ray with the bridge removed he would have clearly seen the infection, the jury returned its verdict in favor of our client.

$1,400,000 Settlement — Construction Accident, Labor Law, Court of Claims

Our Client, a union roofer, sustained serious back injuries when he fell from the roof of the state prison in Fishkill, New York while making repairs. The client required a spinal fusion and was unable to return to work as a roofer. We sued the State of New York, who owned the prison, in the Court of Claims alleging violations of New York Labor Law Sections 240(1) and 241(6), because our client was not provided with adequate safety harnesses and other protection to prevent him from falling off the roof.

$1,250,000 Settlement — Pedestrian Hit by SUV While Crossing Street, Queens

An 80 year old woman was walking home on Jewel Avenue in Forest Hills when she was hit by an SUV as she crossed within the crosswalk. The SUV driver was stopped at a stop sign waiting to make right turn onto Jewel Avenue and was looking to her left for an opening in traffic. When the driver spotted an opening to her left, she proceeded to roll forward into the crosswalk without looking forward to see if any pedestrians were crossing in front of her. Our client sustained fractures to her elbow and knee and required surgery on her elbow. The driver attempted to blame the accident on our client for walking in front of her stopped vehicle and offered a $250,000 settlement which we rejected. We were able to convince the Court that the accident was entirely the fault of the driver, and after the Court’s ruling in our favor, the insurance company agreed to mediation where a $1,250,000 settlement was reached.

$1,250,000 Settlement — Unsafe Sandblasting Equipment Injures Bridge Painter, Labor Law, Brooklyn

A union painter performing a very dangerous job suffered disabling injuries when the electrical connection on a sandblaster shorted out and the machine turned on in a confined space. The defendants argued our clients own negligence caused the accident. This firm retained a Professor of Electrical Engineering as an expert and presented evidence in Court that the sand blasters electrical connections were inadequately protected and wear and tear on the machine which the owners were aware of caused the malfunction. After the presentation of this evidence in front of a jury, the defendants settled the case.

$1,050,000 Jury Verdict — Windblown Debris in Parking Lot Strikes Customer, Queens

Our client was struck in the head and neck by a flying piece of plywood, causing a herniated cervical disc and resulting in a laminectomy and fusion surgery. Sheets of plywood stacked on the exterior of a Home Depot Store were not properly secured. A strong wind blew one of the sheets, which became a projectile flying through the parking lot and into our client. An exhaustive investigation by this firm to identify the employees present, including some no longer employed, resulted in evidence sufficient to hold the store liable for its negligence. Evidence from two orthopedic surgeons, an economist and a vocational rehabilitation specialist was presented to a jury in Federal court to obtain this substantial verdict.

$1,000,000 Jury Verdict — Motor Vehicle Accident, Brooklyn

Our client was one of a group of young people returning from a club, late at night, on the Brooklyn-Queens Expressway. There were six people in a car that only had seats for five. Our client ended up sitting on the console dividing the front seats. When the driver lost control of the car a terrible crash occurred. The insurance company for the car denied our client’s claim for damages, using a “seat belt defense” and arguing our client was responsible for the seriousness of her injuries because she put herself in a dangerous position in the car. The insurance company spared no expense and hired accident reconstruction and bio-mechanical experts to testify our clients fractured femur, which required surgery, would not have occurred if a seat belt was used. Our legal research revealed a seat belt must be available for use before the “seat belt defense” could be used. The expert testimony was precluded and we won a large jury award for our client.

$1,000,000 Settlement — Motor Vehicle Accident, Bronx

Our client, a young man working his way thorough college as a taxi driver, was terribly injured when the cab he was driving was broadsided by a private garbage truck. His injuries were so severe he had no recollection of the accident at all. The driver of the garbage truck testified our client had gone through a red light causing the accident. Testimony from multiple eyewitnesses resulted in conflicting versions of what had occurred. Using an accident reconstruction expert and vigorous advocacy on behalf of our client we obtained the entire insurance policy available for our client in this case.