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Injured construction workers often mistakenly assume that they could only recover workers’ compensation benefits f they suffer injuries in a work-related accident. However, if their injuries are caused by a third party’s negligence, they may also be entitled to recover additional damages. From that party and the owner and general contractor on the job.

Further, visitors and guests who are hurt at construction sites can also recover compensation, including damages for lost wages and reductions in future earnings, out-of-pocket expenses, costs of physical and occupational therapy, future medical expenses, and damages for pain and suffering. There are different laws applied to visitors than those that protect workers.

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have represented injured construction workers and site visitors for over 50 years. We fight to collect the full measure of their damages in all of the counties in New York. A knowledgeable and experienced personal injury lawyer from our firm can help you understand the compensation that may be available to you in your construction accident case.

What compensation is available to an injured construction worker?

An injured construction worker’s ability to collect workers’ compensation benefits generally requires the employee to notify their employer about an injury and promptly file a claim. If it is approved, workers’ compensation will reimburse at least a portion of the employee’s lost wages and medical expenses to treat work-related injuries.

If the injuries were the direct result of the negligence of a party other than their employer, they could also file a lawsuit to claim additional damages, including:

• the value of reductions in prospective future earnings due to disabilities or lengthy rehabilitation
• out-of-pocket expenses for items such as transportation to medical appointments and equipment for physical therapy
• anticipated or prospective medical costs and expenses associated with an injury
• compensation for pain and suffering, loss of enjoyment of life and the company of friends and family members, and loss of consortium.

However, if an injured employee has received workers’ compensation benefits, they will not be able to recover duplicate benefits in a negligence lawsuit. In every case, injured construction workers should consult directly with a construction accident attorney for an estimate of the total damages that may be available.

What compensation is available to an injured construction site visitor?

The same premises liability standards that private property owners follow apply equally to construction site owners and managers. There may be more apparent hazards and risks at a construction site that a visitor must take care to avoid. However, the owner remains obligated to remove or protect against known and hidden hazards that can lead to a visitor’s injury.  Those hazards include:

• unsecured or improperly stored tools or materials that fall and injure unsuspecting visitors
• trips and falls over improperly marked holes or ditches
• walkways that unnecessarily take visitors over access roads used by heavy equipment
• failure to provide hard hats or other safety equipment.

In every construction accident lawsuit in New York, an injured visitor will need to show that the negligent party owed a duty of care that was not followed. In addition, that breach of duty caused the visitor’s injuries. An experienced NYC construction accident lawyer will use the facts and details of the accident and the visitor’s injuries to demonstrate this chain of causality and their right to recover damages for their injuries.

What factors affect settlement value in a construction accident case?

Multiple factors will affect the settlement value of your construction accident lawsuit, including the skill and tenacity of your attorney. Typically, the settlement amount will be the sum of an injured party’s economic and non-economic damages. Economic damages are costs and expenses that have an objective value that can be shown with bills and invoices, such as:

• Costs of medical care from doctors, hospitals, prescription drugs, medical devices, and rehabilitation therapy.
• Lost wages, as shown by pay stubs and similar proof of salary.
• Where construction injuries lead to a fatality, costs and expenses of a funeral and internment.
• Anticipated future costs and expenses associated with medical care and lost wages.
• Occupational therapy costs associated with training to perform a new job if injuries preclude an accident victim from going back to his or her prior employment.

The factors that are considered when calculating non-economic damages include:

• The pain, suffering, and mental anguish experienced by a construction accident victim.
• Temporary or permanent scarring, disfigurement, or loss of a limb or body function.
• The adverse effects of a construction worker’s injuries on his or her relationships with family and friends, and the worker’s general reduction in the enjoyment of life.

To demonstrate these and other non-economic losses, an attorney might elicit testimony from family and friends and use other evidence to show the contrast between a plaintiff’s lifestyle before and after the accident.

Typically, a negligent party in a construction accident case will try to claim that the injured party’s own negligence was a significant factor in causing his or her injuries. When faced with this argument, the plaintiff’s lawyer will use expert testimony and other evidence to refute these claims. However, because New York is a “comparative negligence” state, a plaintiff here can still collect damages even if they were partially responsible for the incident that caused their injury.

Contact us for a free consultation

At Friedman, Levy, Goldfarb & Green in Manhattan, we have an in-depth understanding of the dynamics of construction sites and of the multiple parties that typically work at those sites. We drill down into the essence of every case to identify the liable parties and work hard to recover the largest available damages award for every one of our clients. We work on a contingency-fee-basis, so there are no upfront legal costs.

In New York State, it is illegal for an employer to fire an employee solely because the employee filed a worker’s compensation claim. This does not mean, however, that an employee who is receiving worker’s compensation benefits is immune from being fired.  

An employer will inevitably face higher worker’s compensation insurance premiums when an injured employee files a claim, and as a result, that employer might look for other reasons to fire that employee. Workers who are fired after suffering on-the-job injuries should call Friedman, Levy, Goldfarb, Green & Bagley, P.C. to speak with a personal injury lawyer about whether that job termination constitutes retaliatory discharge and can therefore form the basis of a lawsuit.

What should a worker do when injured on the job?

An injured worker should not let fear of being fired prevent or delay him or her from filing for worker’s compensation benefits.  Workers should provide written notice of a job-related injury to employers no later than 30 days after the injury happens. That worker should also seek medical care for injuries and should inform the treating physician that the injury happened in the workplace.

What should an injured worker do if an employer discourages filing for worker’s compensation benefits?

An employer might, for example, try to convince an employee that injuries are not severe or that the employer will take care of the employee apart from filing a worker’s compensation claim. An injured worker should never rely on unwritten representations or allow an employer or anyone else to belittle an injury. Construction contractors and other employers are required to carry worker’s compensation insurance, and employees have every right to file and claim the benefits they deserve when they are hurt in the course of performing services for an employer. Call an experienced construction accident lawyer in New York if you believe that your employer is keeping you from seeking benefits.

Is an employer obligated to hold an injured employee’s job open?

An injured employee may not be able to work while recovering from job-related injuries, but New York State law does not preclude an employer from hiring a replacement for that employee. When the employee is ready to return to work, the employer might then claim that the employee’s job is no longer open or available. In all cases, the employee should regularly report the progress of his or her recuperation to the employer, who might then be more likely to make arrangements to bring the employee back onto a regular payroll.

Can an injured worker continue to collect worker’s compensation benefits if he or she is no longer employed?

New York is an ’employment at will’ state, and an employer can lay off or fire a worker for cause or good reason at any time, including while the worker is recovering from injuries away from the job. In most cases, the fired employee will continue to receive worker’s compensation benefits at least until a physician certifies that he or she is physically able to return to work. A physician selected by a worker’s compensation insurer in these circumstances may be more likely than the worker’s personal doctor to certify that the employee has recovered, which can lead to premature termination of worker’s compensation benefits. Employees should consult with a knowledgeable and experienced worker’s compensation attorney to resolve this conflict.

How can an injured worker prove that he or she was fired for filing a worker’s compensation claim?

A qualified law firm with a skilled investigative team can gather evidence to prove retaliatory discharge and discrimination due to the filing of a worker’s compensation claim. Employees should retain all employment records, including proof of any citations for exceptional performance, promotions, or bonuses, certificates showing completion of training, and even notes of conversations with employers.

Please call Friedman, Levy, Goldfarb, & Green to speak with a New York City personal injury lawyer if you were fired or laid off after you filed for worker’s compensation benefits. We represent injured workers in Manhattan, the Bronx, Brooklyn, Long Island, and throughout the NYC metropolitan area. We fight to get workers the benefits they deserve and to protect them from vindictive employers that would rather terminate their employment than give them the injury benefits they deserve.

Worker’s compensation benefits are intended, in part, to replace wages that an employee is unable to earn while recuperating from a workplace accident. In theory, those benefits should continue as long as their injuries prevent them from resuming their jobs. The reality in New York State may be quite different.

For more than 50 years, the lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have assisted workers in New York to receive the full amount of compensation for their job site injuries. If you have been injured on the job, a knowledgeable and experienced New York City personal injury lawyer can help you to receive the money you deserve.

What Time Limits Does New York Law Place on Workers’ Compensation Disability Benefits?

New York State enacted a law in 2007 that placed limits on the duration of disability benefits. It is based on the extent of the employee’s inability to work. If, for example, the New York State Workers’ Compensation Board determines that an employee’s earning capacity has been impaired by only 15%, that employee’s disability payments will stop after 225 weeks– slightly more than 4 years. If the employee loses their ability to work due to a permanent disability, payments will stop after 525 weeks– roughly ten years. Employees whose workplace injuries caused greater and longer-lasting disabilities will, therefore, receive payments for a longer duration.    

What Determines the Extent of a Worker’s Injuries and Disability?

New York State publishes guidelines that medical examiners use as a reference to evaluate a worker’s disability. These guidelines seek to create objective criteria that physicians can use when they evaluate injuries. However, a physician’s subjective judgment will inevitably affect a final diagnosis.

Further, insurance companies that provide worker’s compensation benefits generally retain and pay the fees for the physician, and a company doctor might have an inherent bias in favor of the company. 

Under these circumstances, a New York City construction accident lawyer can create a more level playing field for an employee. They would bring in evidence from independent medical examiners that show the full extent of the individual’s impairments and disabilities.

Is the Duration of Payments Different for Temporary and Permanent Disabilities?

Under New York State law, an employee will be deemed to suffer a permanent partial disability when they experience the loss of use of a limb, eyesight or hearing impairment– or damage or impairment to internal organs.

The overall severity of an employee’s injuries will be assessed when the employee reaches “Maximum Medical Improvement” or MMI—the point no further improvement can be expected. Apart from a physician’s MMI diagnosis, New York employees will reach MMI on the second anniversary of the date of the injury.

When Do Workers’ Compensation Disability Benefits Payments Begin?

Workers’ compensation insurance will reimburse medical costs relatively quickly. Disability benefits will not begin until after the worker’s claim application has been submitted and approved. This can take several weeks or months after the accident. In New York State, an injured worker must submit a benefits claim no later than two years after the date of the accident.

They must also notify their employer about the accident. The best opportunity to move up the start date of payments is to file a claim as soon as is possible after an accident.     

Contact Friedman, Levy, Goldfarb, Green & Bagley, P.C. today

With assistance from a knowledgeable and experienced construction accident attorney, an individual can get the compensation that they deserve for their injuries.

The construction injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. represent injured workers in Manhattan, the Bronx, Long Island, Brooklyn, and elsewhere in the NYC metropolitan area. Please see our website or call us for a free case evaluation.

 Additional Resources:

1. www.dol.gov: Workers’ Compensation. https://www.dol.gov/general/topic/workcomp
2. www.ny.gov: Workers’ Compensation Guidelines for Determining Impairment. http://www.wcb.ny.gov/2018-Impairment-Guidelines.pdf
3. www.ny.gov: Workers’ Compensation (On the Job Injury or Illness). https://www.wcb.ny.gov/content/main/Workers/lp_workers-comp.jsp

Construction sites are high-risk environments where accidents can lead to serious and often life-altering injuries. Common incidents include falls from heights, being struck by falling objects, machinery malfunctions, electrical shocks, and injuries caused by collapsing structures or scaffolding. These types of accidents frequently result in broken bones, head trauma, spinal injuries, and other severe physical harm.

A New York City construction accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C., who understands New York’s complex labor laws, can help you explore all avenues of compensation and fight to maximize your total financial recovery after a serious construction accident in New York. Contact us today to schedule a free consultation.

What Are the Most Common Construction Site Injuries?

Construction sites are among the most physically demanding and dangerous workplaces, where even a momentary lapse in safety can lead to devastating consequences. Serious injuries impact a worker’s ability to earn a living and can also result in long-term pain, disability, and emotional trauma.

Below are some of the most common and severe injuries sustained on construction sites:

• Back and Neck Injuries. Lifting heavy materials, falling, or being struck by equipment can cause acute or chronic injuries to the back and neck. These can range from muscle strains to herniated discs, often leading to long-term discomfort or mobility issues.
• Broken Bones. Falls from scaffolding, ladders, or rooftops and being struck by tools or construction materials frequently result in fractures. Depending on the severity, broken bones may require extensive recovery time, surgery, or physical therapy.
• Crushing Injuries. When a worker becomes caught between objects or pinned by machinery, the resulting compression can damage muscles, bones, and internal organs. Crushing injuries often require emergency medical care and can lead to permanent disability.
• Internal Organ Damage. High-impact falls, or blunt force trauma may injure vital organs such as the lungs, liver, or kidneys. These injuries can be life-threatening and may not be immediately visible, making prompt medical evaluation critical.
• Spinal Cord Injury. Falls from heights or severe impacts can damage the spinal cord, potentially resulting in partial or total paralysis. These injuries are among the most life-altering and require extensive medical care and support.
• Traumatic Brain Injury (TBI). Being struck by falling objects, slipping and hitting the head, or other high-force impacts can cause a TBI. Symptoms can range from mild concussions to severe cognitive and physical impairments, often requiring long-term care.

Each of these injuries underscores the inherent risks construction workers face every day and the serious consequences that can follow a workplace accident.

How Do Construction Site Injuries Happen?

Construction sites are legally required to follow stringent safety standards set by agencies like OSHA to protect workers from harm. However, when these regulations are ignored or poorly enforced, the consequences can be severe, including the following:

Falls from Scaffolding, Ladders, and Rooftops

Falls constitute the most common cause of construction site injuries. The Bureau of Labor Statistics (BLS) reports that falls, slips, and trips account for approximately 35 percent of construction accident fatalities. Thousands more suffer serious injuries annually from falls on construction sites.

Struck by Object

Another frequent cause of construction accidents is being struck by falling objects—ranging from tools and building materials to unsecured debris dislodged from scaffolding or upper levels. These incidents can result in severe head injuries, fractures, or even fatalities, especially when proper protective equipment is not used.

Heavy Machinery Accidents

Heavy machinery accidents involving bulldozers, forklifts, or cranes pose a constant threat on construction sites. They often result from operator error, poor maintenance, or failure to follow safety protocols. They result in struck-by or caught-between incidents, which cause severe injuries or fatalities. Approximately 75 percent of struck-by fatalities involve heavy equipment.

Electrical and Explosion-Related Injuries

Electrocutions occur due to contact with overhead power lines, malfunctioning or poorly maintained electrical tools, and exposure to wet conditions near live wiring or outlets.

Explosions are another serious hazard, typically caused by the ignition of flammable substances such as fuel, gas, or improperly stored chemicals. These events may also result from gas leaks or accidental damage to underground gas lines during excavation.

Lack of Protective Equipment or Safety Violations

Many construction site accidents are avoidable if the worker is supplied with adequate protective equipment and safety regulations are followed. As per the Occupational Health and Safety Administration (OSHA), the most frequently violated standards in 2024 relating to the construction industry are:

• Fall protection
• Construction ladders
• Fall protection training
• Scaffolding
• Eye and face protection

What Are Your Legal Rights After a Construction Injury in New York?

If you’re injured on the job, in most cases, you are eligible for workers’ compensation benefits. However, workers’ compensation laws generally prevent you from suing your employer.

In return, the system provides benefits such as medical treatment, partial wage replacement—usually two-thirds of your average weekly wage up to a state cap—and vocational rehabilitation. Except in emergencies, your treatment must be obtained from a medical provider authorized by the employer’s insurer.

If a worker dies from their injury, the surviving spouse, minor children, and other dependents may receive survivor benefits. 

Filing a Third-party Lawsuit for Negligence

In many construction site accidents, negligent parties other than the injured worker’s employer may bear responsibility. When a third party’s negligence contributes to an accident, the injured worker may be entitled to file a personal injury lawsuit against that party. Unlike workers’ compensation claims, third-party lawsuits allow for the recovery of broader damages, including reduced earning capacity, pain and suffering, and other non-economic damages.

To succeed in such a claim, your personal injury lawyer must prove that a third party’s negligence directly caused the injury. An experienced attorney will conduct a detailed investigation to identify all potentially liable parties.

These may include:

• Property owners who fail to maintain safe working conditions
• General contractors overseeing the site
• Subcontractors responsible for specific job functions
• Engineers involved in project design or site safety
• Manufacturers of defective tools or machinery
• Material suppliers who provide faulty or unsafe products
• Operators of delivery vehicles involved in on-site incidents

Identifying all sources of liability is critical in pursuing full and fair compensation through a third-party claim.

Legal Protections under NY Labor Laws

New York’s Labor Laws provide specific legal protections to construction workers, particularly under Sections 200, 240, and 241 of the New York Labor Law.

• Section 200 codifies the general duty of employers and property owners to provide a reasonably safe work environment. It applies broadly to worksites and includes protections against unsafe conditions or practices.
• Section 240, commonly referred to as the Scaffold Law, imposes strict liability on property owners and general contractors for gravity-related injuries (such as falls from heights or being struck by falling objects) when proper safety devices like scaffolds, hoists, or ladders are not provided.
• Section 241 specifically regulates safety standards during construction, demolition, and excavation activities. It places responsibility on owners and contractors to meet those standards.

Statute of limitations

In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the accident date. If the person succumbs to their injuries, surviving family members have two years from the date of death in which to file a wrongful death lawsuit. However, if the accident occurred on public property, the statute of limitations for filing a Notice of Claim is just 90 days from the injury date.

Wrongful Death Compensation for Families

When a loved one dies due to a construction accident, a wrongful death lawsuit may be filed under New York law. However, only the personal representative (executor or administrator) of the deceased’s estate is legally permitted to bring the claim—not individual family members directly.

The deceased’s spouse, children, parents, or other close relatives may receive a share of any compensation awarded based on their relationship to the person who died and who would legally inherit if there is no will.

Why Choose a Construction Accident Lawyer in NYC at Friedman, Levy, Goldfarb, Green & Bagley, P.C.?

We are a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and throughout the NYC metropolitan area. 

Our results handling construction accident claims speak for themselves, and include: 

• $4.2 million settlement for a member of the International Union of Operating Engineers Local 14-14B who fell on the job and was left permanently disabled 
• $3.4 million settlement for a painter who was injured by falling wall panels. 
• $3 million settlement for an electrician injured when a switch gear fell on his legs. 

These are only a few of the outstanding results we have achieved for injured New Yorkers in our more than 50-year history of practicing personal injury law.  If you entrust us with your legal claim, an experienced New York construction accident lawyer at our firm can help you understand your rights and fight for the maximum amount of compensation you deserve. 

Schedule a Free Consultation

Schedule a free, no-obligation consultation today at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Because we work on a contingency basis, you pay no fee unless you obtain compensation. We know the fair value of your case based on your losses and damages. While most cases are settled, we will go to trial if the insurance company fails to agree to a reasonable settlement.

Legally Reviewed by

Slips, trips, and falls are a leading cause of serious injuries on construction sites. Under New York law, injured construction workers are typically barred from suing their employers. They must pursue benefits through the workers’ compensation system, which provides coverage for medical expenses and a portion of lost wages during recovery. However, when a third party—such as a subcontractor, property owner, or equipment manufacturer—contributes to or causes the accident through negligence, the injured worker may be entitled to file a separate personal injury lawsuit. A third-party claim can provide broader compensation, including full wage loss, pain and suffering, and future medical costs.

A personal injury lawyer who understands New York’s complex labor laws can help you explore all avenues of compensation and fight to maximize your total financial recovery after a serious construction accident in New York. Friedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and the NYC metropolitan area. Schedule a free consultation today.

How a Construction Slip and Fall Lawyer Can Help Your Case

When you sustain a serious injury in a New York construction accident due to another party’s negligence, the outcome of your case depends heavily on the experience and diligence of your legal representation.

A skilled attorney will conduct a thorough investigation into the cause of the accident, which may involve securing and documenting the accident scene, interviewing witnesses, collecting physical and photographic evidence, reviewing medical and employment records, and determining whether any violations of the Occupational and Safety and Health Administration (OSHA) or state safety regulations occurred.

Following this investigation, your attorney will assess whether any third parties—such as contractors, property owners, or equipment manufacturers—may be legally responsible for your injuries. If so, they will file all relevant claims with the appropriate insurance carriers and enter negotiations to pursue a settlement that accurately reflects the severity of your injuries, your long-term prognosis, and the overall impact on your livelihood.

An experienced construction accident lawyer will also advocate aggressively to ensure your rights are protected and that you receive the full compensation you are entitled to under the law.

Who Can Be Liable for a Construction Slip and Fall Accident?

Workers’ compensation laws were established to create a no-fault system in which injured employees receive benefits without the need to sue their employer. In exchange, employers are typically shielded from personal injury lawsuits brought by their workers.

However, under New York Labor Law Sections 200, 240(1), and 241(6), property owners and general contractors can be held directly liable for construction-related accidents, especially falls from heights, scaffolding, ladders, or safety violations. Therefore, liability would fall under a third-party claim in a New York construction accident if the responsible party is not the worker’s employer.

Third-Party Claims

The third parties who may be liable in a personal injury lawsuit outside of workers’ comp include the following:

• General Contractors. Responsible for overall site safety and coordination, general contractors can be held liable for failing to enforce safety protocols or properly supervise work.
• Subcontractors. If a subcontractor’s negligence—such as improper work practices or failure to secure equipment—caused the accident, they may be held accountable.
• Property Owners. Under New York Labor Law and premises liability statutes, property owners have a duty to ensure a safe work environment. Failure to correct known hazards or comply with safety laws can result in liability.
• Equipment Manufacturers. The manufacturer may be liable if a defective tool or machine caused or contributed to the injury.
• Architects and Engineers. Design professionals may be liable if flawed plans, inadequate supervision, or code violations contributed to unsafe conditions that led to the accident.
• Construction Managers. Separate from general contractors, construction managers may share liability if they failed their safety compliance responsibilities.
• Vendors or Delivery Companies. Third-party suppliers and delivery drivers can be held liable if their actions—such as unsafe unloading or obstruction of walkways—created hazardous conditions.
• Maintenance or Service Contractors. Entities responsible for maintaining or servicing equipment or structural components may be liable if their negligence led to a malfunction or unsafe conditions.

Each case depends on the specific circumstances, but identifying all potentially liable third parties is essential for securing full compensation under New York law.

Potential Compensation

In a New York construction accident, the type of claim you file—workers’ compensation or a third-party personal injury claim—significantly affects your compensation.

As noted, workers’ compensation provides limited, no-fault benefits. These include coverage for necessary medical treatment, a portion of lost wages (usually two-thirds of your average weekly wage up to a state-set cap), and sometimes compensation for permanent impairment.

In contrast, a third-party personal injury claim can offer much broader compensation. If successful, you may recover damages for the full value of your lost wages (past and future), medical expenses, pain and suffering, loss of quality of life, and other long-term impacts. Unlike workers’ comp, these claims require proving the third party’s negligence but can result in significantly higher financial recovery.

Pursuing both workers’ comp and a third-party claim simultaneously is legally permissible and often the most effective strategy for securing full compensation after a serious construction injury.

Wrongful Death Claims for Families Who Have Lost a Loved One

When a construction accident victim dies because of their slip and fall, family members may file a wrongful death lawsuit against the responsible parties. In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the death date, not the accident date.

Common Causes of Slip, Trip, and Falls

Here are some of the most common causes of slip, trip, and fall accidents on construction sites, many of which involve violations of OSHA safety standards:

Addressing these hazards through proper training, site maintenance, and compliance with OSHA regulations is critical to reducing the risk of slip and fall injuries on construction sites.

Experienced Construction Slip and Fall Accident Lawyers on Your Side

Construction accident litigation is complex. You need a law firm with a strong track record in obtaining substantial settlements and verdicts. Our attorneys are well-versed in the OSHA safety regulations that construction companies must follow.

Our recent verdicts and settlements include:

• $6.5 million settlement for a Manhattan construction accident in which the building owner and general contractor were found liable.
• $4.2 million settlement for a client who leaned against a guardrail that had been unbolted to allow material deliveries to the site and suffered permanent disabilities.
• $3.4 million settlement for a Manhattan construction accident in which the owner and general contractor were deemed liable.
• $3.167 million settlement for a Queens accident in which scaffolding broke, causing the victim to suffer severe head injuries. He was not provided with any safety equipment from his employer.

Before obtaining legal counsel, never accept a settlement offer after a construction slip and fall accident. Insurance companies want to offer quick, lowball payouts. Even if the offer sounds good, it may not prove sufficient for your ongoing medical expenses. Our attorneys know a fair settlement value for your claim based on your injuries and prognosis.

Contact a Construction Slip and Fall Attorney for a Free Consultation

If you or someone you know was seriously injured in a construction slip and fall injury, you need the services of an experienced New York construction accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C.

Schedule a free, no-obligation consultation today. While most construction slip and fall cases are settled in negotiations, we will litigate your case if the insurance company fails to agree to a reasonable amount. We represent clients in New York City and those living on Long Island, Westchester County, Rockland County, and the Hudson Valley. 

Legally Reviewed by

Electrical accidents at New York construction sites are among the most dangerous workplace incidents. Employees are typically entitled to workers’ compensation benefits, covering medical treatment and partial wage replacement. However, if a third party—such as a subcontractor, utility company, or equipment manufacturer—contributed to the incident through negligence, the injured worker may also pursue a third-party personal injury claim. This separate legal action can provide more comprehensive compensation, including damages for pain and suffering, lost wages, and long-term care needs.

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and the NYC metropolitan area. Contact us today to schedule a free consultation.

Prevalence of Electrical Accidents in Construction

Electrical accidents remain one of the top causes of fatalities in the construction industry in New York and across the U.S. These incidents are often due to contact with overhead power lines, faulty equipment, or improper grounding.

Here are some key highlights:

• According to the Occupational Safety and Health Administration (OSHA), electrocutions consistently rank among the “Fatal Four” causes of death in construction–contributing to approximately 8.5 percent of construction fatalities nationally.
• The New York Committee for Occupational Safety and Health (NYCOSH) reported in its 2022 construction fatality report that electric shock accounted for a significant share of all fatal injuries in NYC construction, particularly among non-unionized worksites.
• The Centers for Disease Control and Prevention (CDC) states, “Nearly 60% of the electrocutions were caused by direct contact with electricity. Construction workers account for a large portion of electrical injuries in the U.S. each year. In 2015, for example, 61 percent of all U.S. workplace electrocutions occurred in construction (82 of 134 total deaths).”

Common Causes of Electrical Accidents on Construction Sites

The most common causes of electrical accidents on construction sites include:

Contact with Overhead Power Lines

Roughly one-third of electrical fatalities on construction sites involve contact with overhead power lines, which carry extremely high voltages and are the leading cause of electrical fatalities on worksites. Power lines should be identified and assessed before beginning any job, and all workers must adhere to strict safety protocols. According to OSHA regulations, a minimum clearance of 10 feet from power lines is required.

Many victims of power line contact were carrying metal ladders at the time of the incident. Other cases involve crane or backhoe operators, workers on elevated scaffolding, or even occupants of trucks with raised beds that came into contact with power lines. In addition to burns, such incidents can lead to serious or fatal fall injuries.

Improper Use of Extension Cords and Electrical Equipment

Improper use of extension cords can lead to accidents and potentially cause fires, as can the use of damaged electrical equipment. OSHA specifies that only three-wire extension cords “marked with a designation code for hard or extra-hard usage” are permitted on construction sites. These cords must be regularly inspected, and any that do not meet the standards should be promptly removed from service.

Every construction site should designate a qualified individual to inspect electrical tools and cords to ensure they are in safe working condition. Any equipment identified as hazardous must be immediately repaired or replaced.

Inadequate Grounding

When electrical systems are not properly grounded, the risk of electrocution increases significantly. In the absence of adequate ground fault protection, electrical current can pass through a worker’s body, potentially causing severe burns, cardiac arrest, or fatal injuries.

Water Exposure

Water and moisture—whether from weather conditions or site-specific factors—can significantly increase the risk of electrocution by affecting electrical conductivity. One of the most common hazards is using extension cords or electrical equipment that comes into contact with water or standing in water while operating such tools.

Preventive measures include wearing appropriate protective clothing and waterproof footwear, ensuring all tools and equipment remain dry, and using Ground Fault Circuit Interrupters (GFCIs). GFCIs should be tested before each use to ensure proper function.

Preventive Measures to Enhance Electrical Safety

OSHA enforces comprehensive electrical safety standards that require identifying and mitigating electrical hazards, providing mandatory safety training for workers, and ensuring the use of properly grounded or double-insulated tools and equipment.

For example, a key component of these standards is the lockout/tagout procedure, which is designed to prevent the accidental energization of machinery during maintenance or servicing. If stored energy is not adequately controlled or equipment can start unexpectedly, serious or fatal accidents can occur.

Other safety measures include the following:

Regular Safety Training and Education

Regular training and education are essential components of electrical safety and cannot be replaced by a single information session or access to written materials. Effective training requires periodic reviews and practical drills to reinforce knowledge and preparedness.

Employers are responsible for ensuring that all workers understand the electrical hazards present on construction sites and are thoroughly trained in established safety protocols. Providing personal protective equipment (PPE) alone is insufficient; workers must also be trained to correctly select the appropriate type of PPE for specific electrical hazards, use it properly during tasks, and maintain it in safe, functional condition through regular inspection, cleaning, and timely replacement.

Clear Signage

Construction sites are required to display clearly visible signage identifying electrical hazards and marking restricted areas. These signs should be posted in the primary languages understood by the workforce.

Conducting Routine Inspections and Maintenance

Routine inspections and proper maintenance of electrical equipment are essential to minimizing the risk of electrical accidents on construction sites. Prompt identification and correction of hazards—such as overloaded circuits–a common risk—are vital to maintaining a safe working environment.

Third-Party Personal Injury Claims

Failure to conduct inspections or ensure equipment safety can result in legal liability for various parties, including general contractors, subcontractors, site supervisors, or property owners. In the event of an accident, these parties may face third-party personal injury or wrongful death lawsuits. As noted, these are distinct from workers’ compensation and can result in additional compensation for pain, suffering, and other damages not covered by workers’ comp.

In New York, the statute of limitations for filing a third-party personal injury lawsuit is three years from the date of the accident. If the injury results in death, surviving family members may file a wrongful death lawsuit within two years of the date of death.

Legal and Financial Consequences of OSHA Violations

OSHA imposes substantial penalties for safety violations. A “serious violation” is defined as a condition in the workplace where there is a significant probability that death or serious physical harm could occur, and the employer knew or should have known about the hazard through the exercise of reasonable diligence.

Financial penalties include:

• Serious violation: $16,550 per violation
• Failure to abate: $16,550 per day beyond the abatement date
• Willful or repeated violations: $165,514 per violation

In certain cases, employers may face criminal charges following a worker’s death, particularly if the incident resulted from a willful violation of OSHA regulations. A willful violation occurs when an employer knowingly disregards or is indifferent to legal safety requirements.

If such a violation leads to an employee’s death, the employer may face criminal penalties, including fines of up to $250,000 for individuals ($500,000 for corporations) and up to six months of imprisonment.

Schedule a Free Consultation with a New York Construction Accident Lawyer

If you’ve been injured on a construction site, it’s essential to understand your legal rights. While workers’ compensation provides benefits for job-related injuries, you may be entitled to additional compensation beyond what it offers—especially if a third party’s negligence contributed to your accident. 

Schedule a free, no-obligation consultation with an experienced New York construction accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C.  Since we work on a contingency basis, you pay no legal fees unless you receive compensation. We represent clients throughout New York City, as well as residents of Long Island, Westchester County, Rockland County, and the Hudson Valley region.

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A construction wrongful death claim in New York arises when a worker is fatally injured due to another party’s negligence—such as a contractor’s failure to follow safety regulations or a property owner’s failure to maintain a safe job site. Surviving family members may pursue a wrongful death lawsuit to hold the responsible parties legally accountable.

Unlike workers’ compensation death benefits, which are limited and provided regardless of fault, a wrongful death claim allows the estate to pursue broader compensation from third parties whose negligence contributed to the fatal accident.

Without an experienced New York wrongful death lawyer from Friedman, Levy, Goldfarb, Green & Bagley, P.C.,  you risk undermining your chances of securing the full measure of justice and compensation that your family rightfully deserves.  Schedule a free consultation. We’re here to help.

What Is a Construction Wrongful Death Claim?

As noted above, a construction wrongful death claim is a legal action brought when a worker dies as a result of negligence or wrongful conduct on a construction site.

Unlike a personal injury claim—where the injured person seeks compensation—a wrongful death claim is filed by the personal representative of the deceased’s estate on behalf of surviving family members. The purpose of the claim is to recover compensation for economic losses, such as lost income and funeral expenses, as well as the loss of support and guidance suffered by the deceased’s beneficiaries.

Who Can File a Wrongful Death Lawsuit in New York?

In New York, only the personal representative of the deceased person’s estate is legally authorized to file a wrongful death lawsuit. This individual is typically appointed by the Surrogate’s Court and may be named in the deceased’s will or, if no will exists, selected according to New York’s intestacy laws.

While the personal representative files the claim, the lawsuit is brought on behalf of the deceased’s surviving family members, who may be entitled to compensation. These beneficiaries often include:

• Spouse
• Children
• Parents (if there is no spouse or child)
• Other dependents or next of kin, depending on the family structure and circumstances

Any damages awarded in the wrongful death case are distributed among the eligible family members based on their financial dependence on the deceased and the laws of intestate succession if there is no will.

How Negligence Plays a Role in These Cases

Negligence is often at the heart of wrongful death claims in construction settings, including:

• Failure to maintain a safe job site. Unsafe working conditions—such as unprotected edges, unstable scaffolding, or unmarked hazards—can result in deadly incidents.
• Inadequate training or supervision. Workers who are poorly trained or supervised are at a higher risk of serious or fatal accidents.
• Use of defective or poorly maintained equipment. Malfunctioning machinery or tools can cause catastrophic injuries, especially when safety checks and maintenance are ignored.
• Non-compliance with safety regulations. Ignoring OSHA guidelines or state-specific laws, such as New York Labor Law §§ 200, 240, and 241, dramatically increases the risk of fatal accidents.

Each of these failures may serve as the basis for a wrongful death claim if they directly contribute to a worker’s death.

What Are the Common Causes of Construction-Related Wrongful Deaths?

According to the Occupational Safety and Health Administration (OSHA), the top four deadly construction hazards, often referred to as the “Fatal Four,” account for most fatalities on construction sites:

• Falls: Falls, slips, and trips can occur from scaffolding, ladders, roofs, or unprotected edges. These accidents can result from missing fall protection equipment, a lack of guardrails, or unsafe work practices at height. In 2024, fall protection requirements were the most frequently cited OSHA violations.
• Struck-by incidents: Occur when a worker is struck by a moving object, such as vehicles, falling tools, or unsecured materials. Heavy machinery, cranes, and vehicles can present significant risks—especially when operators are inadequately trained, or the site lacks proper safety controls like barriers, signage, or designated walkways.
• Electrocutions: Workers face high risks when exposed to live wires, ungrounded electrical systems, or power tools with faulty wiring. These accidents are particularly dangerous in wet or confined environments, where the chance of a fatal shock increases.
• Caught-in/between accidents: These accidents occur when workers are trapped between equipment, structures, or materials. Trench collapses, rotating machinery (e.g., cement mixers), and unguarded equipment are common culprits, often worsened by inadequate safety planning or malfunctioning gear.

Each hazard reflects a broader issue of preventable risk on construction sites. When safety measures are ignored or neglected, the consequences can be fatal. Understanding these causes helps families and legal professionals assess whether a wrongful death claim is appropriate.

Who May Be Liable in a Construction Wrongful Death Case?

Determining liability is a critical step in every wrongful death claim. Because construction sites often involve multiple parties with overlapping responsibilities, more than one party or entity may be held legally accountable for a fatal accident:

In many construction wrongful death cases, determining all legally responsible parties requires a comprehensive investigation into the circumstances of the incident.

Because identifying and pursuing all viable claims under New York law can be complex, families often rely on an experienced wrongful death attorney in NYC to evaluate the facts, preserve evidence, and guide them through the legal process.

What Compensation Can Families Recover in Wrongful Death Lawsuits?

Surviving family members may be entitled to compensation for the following:

• Funeral and burial expenses: Reimbursement for the reasonable costs of funeral and burial services.
• Loss of income and financial support: Compensation for the wages and benefits the deceased would have provided to their dependents.
• Loss of Inheritance. Compensation for the reduction in the inheritance the decedent’s beneficiaries would likely have received had the deceased lived out their normal life expectancy.
• Loss of parental guidance and services: Compensation for the economic value of the decedent’s support, services, and parental guidance.

When calculating these damages, courts and insurance companies typically rely on expert testimony, financial records, and other documentation—along with the unique circumstances of the deceased’s life, earning potential, and family relationships—to determine the appropriate compensation.

What Is Required to Prove Negligence in a Wrongful Death Claim?

In a wrongful death case, the burden rests on the plaintiff and their attorney to prove that the fatal accident resulted from another party’s failure to exercise reasonable care. To succeed, they must present clear and convincing evidence supporting all four elements of negligence. The claim cannot proceed or result in compensation without substantiating each component.

The four elements of negligence are as follows:

1. Duty of Care: The defendant owed a duty to the deceased. This typically means maintaining a safe environment and following industry safety standards and regulations on a construction site.
2. Breach of Duty: The defendant breached that duty by ignoring safety protocols, e.g., failing to repair faulty equipment or neglecting proper oversight of workers or job site conditions.
3. Causation: The breach directly caused the fatal accident. It must be shown that the defendant’s actions (or failure to act) were the direct cause of the incident that led to the death.
4. Damages: The survivors suffered pecuniary (financial) losses as a result of the death.

Proving negligence in a fatal construction accident claim involves gathering detailed evidence, such as accident reports, witness statements, expert analysis, and safety records. This process can be complex, but it is critical to supporting a family’s pursuit of accountability and compensation.

Why Work with a Construction Wrongful Death Attorney

The emotional toll of a wrongful death incident is immeasurable, compounded by the financial burdens that often follow. Navigating the aftermath of a wrongful death is an overwhelming and emotionally taxing experience. During such a challenging time, having a skilled attorney by your side is not only beneficial but essential. 

Pursuing a wrongful death claim is an incredibly complex and time-consuming process. It involves intricate legal procedures, dealing with insurance companies, and presenting compelling evidence—all while you are trying to cope with overwhelming grief. The role of a wrongful death attorney is meant to alleviate these burdens and provide support throughout the legal journey. 

Contact Us Today: We’re Here to Help

With decades of experience handling these complex claims, our compassionate team at Friedman, Levy, Goldfarb, Green & Bagley, P.C. brings extensive knowledge to every case we take on. We have a proven track record of securing substantial settlements and verdicts, approaching each case with unwavering commitment and tenacity because we understand how much is at stake for you and your family. Schedule a free, no-obligation consultation today.

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