Can an Independent Contractor Sue for Injuries Due to Negligence on a Construction Site in New York?  

Independent contractors are an integral part of the New York construction industry but do not receive many of the protections afforded to employees, such as workers’ compensation benefits. However, if you’ve been injured due to negligence on a construction site, you may have the legal right to pursue a personal injury claim.  

Such a claim can be brought against responsible parties, such as the general contractor overseeing the site or the property owner, if their failure to maintain a safe work environment or to comply with applicable safety regulations contributed to the accident. 

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers, including independent contractors, in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and throughout the metropolitan area. A New York construction accident attorney 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. Schedule a free consultation today.  

The Differences Between Employees and Independent Contractors Under NY Law 

The New York Department of Labor (NYSDOL) evaluates multiple factors to make this determination, primarily focusing on the degree of supervision, direction, and control exercised over the worker.  

Indicators of independent contractor status include: 

  • Operating an established business. 
  • Carrying business insurance. 
  • Advertising services through various media. 
  • Paying one’s own business expenses. 
  • Negotiating pay rates independently. 
  • Having the freedom to accept or refuse work. 
  • Offering services to multiple clients or businesses. 

It’s important to note that no single factor is determinative; the overall relationship and the degree of control are assessed collectively. Even if a worker meets several of these criteria, they may still be considered an employee if the employer exercises significant control over their work. 

Further, entities such as sole proprietorships or partnerships are treated as independent of the hiring contractor only if they satisfy 12 specific criteria. These include a substantial capital investment beyond standard tools or personal vehicles and reporting their services as independent businesses on a federal income tax schedule. 

When Can an Independent Contractor Sue for Negligence in New York? 

An independent contractor in New York can sue for negligence when their injury is caused by a third party’s failure to provide a reasonably safe work environment or to comply with applicable safety laws and regulations. 

Site Owner or General Contractor Failed to Maintain Safe Conditions 

New York Labor Law Sections 240 and 241—often referred to as the “Scaffold Law”—provide critical protections for independent contractors by holding property owners and general contractors strictly liable for elevation-related accidents, such as falls from ladders or scaffolding. If these safety standards are violated and result in injury, the contractor may be entitled to bring a claim against the responsible parties. 

Faulty or Unsafe Equipment Caused the Injury 

Independent contractors injured by defective or unsafe equipment on construction sites in New York may pursue product liability claims against manufacturers or suppliers. New York applies a strict liability standard in such cases, meaning the injured party does not need to prove negligence—only that the product was defective and caused injury. 

Other Subcontractors or Vendors Were Negligent 

Negligence by subcontractors or third-party vendors is a recognized basis for liability in New York construction site injury claims. Individuals such as electricians, plumbers, painters, and delivery personnel may be held legally responsible if their failure to follow applicable safety regulations or fulfill contractual obligations results in harm. 

For example, if an electrical subcontractor violates safety protocols and that breach directly causes an accident, they may be liable for any resulting injuries. Additionally, liability may extend to professionals such as architects, engineers, or safety inspectors whose negligent design, supervision, or failure to identify and address safety hazards contributed to the incident. 

Independent Contractors with Catastrophic or Fatal Injuries on Construction Sites 

Catastrophic injuries—defined as those resulting in severe and often permanent impairment—may entitle an independent contractor to pursue a personal injury lawsuit against the responsible parties. They may recover damages for both economic losses, including past and future medical expenses, lost income, and loss of future earning capacity, as well as non-economic harm, such as pain and suffering. 

Fatal Injuries on a Construction Site 

In New York, if an independent contractor sustains a fatal injury, the right to seek legal recourse does not pass directly to surviving family members. A wrongful death lawsuit must be initiated by the personal representative (executor or administrator) of the deceased’s estate. This individual acts on behalf of the estate and those entitled to inherit under New York’s intestacy laws. 

Eligible beneficiaries typically include the surviving spouse, children, and parents of the deceased. In the absence of these, siblings or more distant relatives may be considered, depending on the specific circumstances and their relationship to the decedent.  

Why Work with an Experienced NYC Construction Injury Lawyer? 

If you’re injured while working as an independent contractor on a construction site, retaining an experienced New York City construction injury attorney can be critical to the success of your claim. From the outset, your attorney will conduct a thorough investigation—gathering physical evidence, interviewing witnesses, reviewing any available surveillance footage, and consulting with expert witnesses, including accident reconstruction specialists, when warranted. 

Your attorney will also review the contract you likely signed before commencing work. These agreements often include important provisions regarding insurance coverage, indemnification, and liability in the event of injury.  

While New York generally allows three years from the date of the accident to file a personal injury lawsuit, prompt legal action is vital to preserve evidence and protect your rights. If the incident occurred on a government-owned property, you must file a Notice of Claim within 90 days. 

Investigating Complex Site Liability 

Determining liability after a construction site injury is rarely straightforward—especially given the number of parties typically involved. Multiple entities may share responsibility, from general contractors and subcontractors to equipment suppliers and vehicle operators.  

For example, if an independent contractor is hit by a truck on-site, liability could rest with the driver, the contractor overseeing site traffic, the property owner, or even the truck’s manufacturer if a mechanical failure played a role. 

An experienced construction accident attorney plays a crucial role in untangling this web of potential liability, identifying every party whose negligence may have contributed to the incident and building a case to hold them accountable. 

Handling Negotiations and Litigation 

A skilled New York construction accident attorney will assess your medical records, prognosis, expert testimony, and how the injury has impacted your life to determine a fair settlement value. They’ll handle all negotiations with the defendants’ insurance companies, shielding you from pressure tactics and lowball offers. 

While many construction injury claims are resolved through settlement, your attorney will be fully prepared to take your case to trial if the insurance company refuses to offer a reasonable amount. Your rights and full recovery remain the top priority, whether at the negotiating table or in the courtroom. 

Schedule a Free Consultation Today  

If you are an independent contractor who suffered injuries due to negligence, you need the services of the experienced New York construction accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. We serve all clients in all five boroughs of New York City, as well as Long Island, Westchester County, Rockland County, and the Hudson Valley. Because we work on a contingency basis, you pay no fee unless you receive compensation. 

Accident Falling from Heights on a Construction Site

Falls from heights are among the most serious and often fatal accidents on New York City construction sites, typically involving ladders, scaffolding, or unguarded edges. While injured workers are generally entitled to workers’ compensation benefits—which cover medical expenses and partial wage replacement—they are barred from suing their employer directly. However, under New York Labor Laws, injured workers may pursue a third-party personal injury claim against property owners or general contractors if their failure to provide proper fall protection contributed to the accident, allowing for more extensive compensation, including pain and suffering.

Your Recovery Starts with a Call

Hurt in a construction site accident? Our NYC attorneys are ready 24/7 to help you win. No fee unless we recover for you.

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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 throughout the NYC metropolitan area. 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. Schedule a free consultation today.

Experience Counts: How a New York Construction Accident Lawyer Can Help

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 permanently disabled.
  • $3.4 million settlement for a painter 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 compensation you deserve. 

New York Labor Laws

If you sustained an injury while working in construction, New York’s Labor Laws will be central to your ability to pursue full compensation for your damages. Below are some of the most important statutes that regulate safety standards and help establish liability on construction sites throughout the state.

New York Labor Law 200

This statute mandates that construction companies, contractors, and other responsible parties ensure a safe working environment for construction workers. Compliance includes implementing essential safety measures such as proper protective gear, guardrails, fire prevention systems, adequate lighting, and sanitation facilities. When parties violate this law and a construction worker is injured as a result, they generally have a valid cause of action against the at-fault party. 

New York Labor Law 240

Commonly referred to as the “Scaffold Law,” this statute applies to injuries caused by gravity-related incidents, such as falls from heights or being struck by falling objects. It imposes strict liability on property owners and contractors who fail to provide proper safety measures—such as secure scaffolding or adequate fall protection—on elevated work areas.

New York Labor Law 241

This statute requires property owners, contractors, and their agents to maintain a safe work environment for construction workers, with specific provisions focused on excavation, demolition, and general site safety. It also outlines strict guidelines for the construction and treatment of floors during the construction process.

These protections apply to construction workers injured in New York City, Long Island, Westchester County, Rockland County, and throughout the entire state.

What Compensation Is Available?

If you were injured on the job, you are entitled to workers’ compensation benefits, which provide financial and medical support while you recover. These benefits typically include:

  • Medical Coverage – All necessary medical treatment related to your injury, including emergency care, hospital stays, surgeries, prescription medications, diagnostic testing, and rehabilitation services like physical therapy.
  • Lost Wage Benefits – Compensation equal to two-thirds of your average weekly earnings, up to a state-set maximum, for the time you cannot work due to your injury.
  • Vocational Rehabilitation – Assistance with job retraining or education if your injury prevents you from returning to your previous position, helping you transition to a new role.

Third-Party Personal Injury Claims

If the circumstances of your injury make you eligible for a third-party claim, you may also be entitled to monetary damages for: 

  • Future loss of earning capacity 
  • Pain and suffering 
  • Emotional trauma 
  • Diminished quality of life 
  • Scarring and disfigurement 

It’s important to understand that filing a personal injury claim does not interfere with your workers’ compensation benefits. You are fully entitled to seek additional compensation from any third party whose negligence contributed to your accident while still receiving the workers’ comp benefits owed to you.

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Common Causes of Falls from Heights on Construction Sites in New York

Falls from heights are among the most common causes of serious injuries and fatalities on New York construction sites. These accidents often result from preventable safety failures and violations of the Occupational Safety and Health Administration (OSHA) regulations and New York Labor Laws.

OSHA classifies falls as one of the “Fatal Four” hazards in construction and mandates strict fall protection standards, yet many employers and contractors fail to comply.

Below are some of the most frequent causes of height-related falls on job sites:

  • Improper or Missing Fall Protection.  Failure to use required fall protection systems—such as guardrails, harnesses, lifelines, or safety nets—violates OSHA standards and New York Labor Law § 240(1), which imposes strict liability for gravity-related accidents.
  • Unsafe or Defective Scaffolding.  Falls frequently occur when scaffolding is unstable, improperly constructed, or lacks necessary safety features. Labor Law § 240(1) specifically addresses injuries caused by scaffold failures.
  • Unsecured or Damaged Ladders.  Using broken, incorrectly positioned, or unsecured ladders can lead to dangerous falls. These incidents often stem from a failure to follow OSHA ladder safety regulations and proper training requirements.
  • Open and Unguarded Edges. Roof edges, mezzanines, and upper-level walkways without guardrails or warning systems pose serious fall risks. Under New York Labor Law § 240(1), property owners and general contractors are strictly liable for failing to provide adequate fall protection in these elevated work areas.
  • Improper Use of Aerial Lifts or Platforms.  Operating boom lifts, cherry pickers, or other elevated platforms without proper training, restraint systems, or stable ground conditions can result in falls from significant heights.
  • Slippery or Unstable Work Surfaces.  Wet, uneven, or debris-covered surfaces increase the likelihood of slipping and falling, particularly when working at elevation.

These hazards are preventable with proper planning, training, and compliance. Injured workers may have grounds to pursue a third-party personal injury claim under New York Labor Laws when a fall occurs due to negligence.

Common Injuries

Falls from elevated surfaces are among the most dangerous types of construction accidents and often lead to severe, life-altering injuries. Below are some of the most common injuries sustained in these incidents:

  • Traumatic Brain Injuries (TBIs). Falls from heights can cause the head to strike hard surfaces, resulting in concussions, brain hemorrhages, or long-term cognitive impairment—even with helmet use.
  • Fractures and Broken Bones. High-impact falls often lead to broken arms, legs, ribs, hips, or pelvises. These injuries may require multiple surgeries and extended recovery periods.
  • Internal Injuries and Organ Damage. The force of a fall can cause internal bleeding or trauma to organs such as the lungs, liver, or kidneys, often necessitating emergency medical intervention.
  • Back and Neck Injuries. Even if the spinal cord is not directly affected, damage to the vertebrae, discs, or soft tissues can result in chronic pain and long-term mobility issues.
  • Severe Lacerations and Contusions.  Falling onto sharp or rough surfaces can lead to deep cuts, bruising, and significant blood loss, sometimes requiring stitches or skin grafts.
  • Dislocations and Soft Tissue Injuries. Joints such as shoulders, knees, and elbows can be dislocated or strained, leading to a reduced range of motion and permanent instability.
  • Spinal Cord Injuries and Paralysis. Impact to the back or neck can damage the spinal cord, potentially leading to partial or complete paralysis, including paraplegia or quadriplegia.

Unfortunately, many falls from heights result in fatal injuries. Surviving family members may be eligible to pursue a wrongful death claim under New York law.

Schedule a Free Consultation with a Construction Injury Attorney in NYC

A construction accident lawyer in New York can help you pursue fair and just compensation for the losses you have suffered after a scaffolding collapse, fall from heights, or other accidents on a NYC construction site. The attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have extensive experience handling construction accident claims and a proven record of success standing up for the injured. Contact us today to arrange your free and confidential legal consultation.

We represent clients in all five boroughs of New York City, as well as those living on Long Island and in Westchester County, Rockland County, and the Hudson Valley.  

New York City Toxic Exposure Lawyer

New York City construction workers are at risk of exposure to a number of toxic substances, including mercury, lead, asbestos, silica dust, benzene and other volatile organic compounds (VOCs), solvents from paint and sealants, caustic chemicals, and industrial adhesives. These substances can cause neurological disorders, respiratory illnesses, burns, and organ damage that may substantially impair and shorten a worker’s life. 

If you believe you are suffering an impairment due to exposure to toxic substances, contact us at Friedman, Levy, Goldfarb, Green, & Bagley, P.C. to speak with a toxic exposure attorney about your right to recover damages from the employers and contractors who failed to provide adequate safety measures to protect you. We have recovered millions of dollars in damages for employees who work in construction in Westchester and Rockland Counties and throughout the greater New York metropolitan area. 

Common Injuries from Exposure to Toxic Substances  

Construction workers should not assume that the immediate effects of exposure to a toxic substance—such as burns or irritation—are the extent of their injury. Heavy metals, fine dust, and volatile organic compounds (VOCs) can accumulate in the body over time, potentially leading to serious health conditions such as: 

  • Respiratory Diseases – Inhalation of asbestos, silica dust, or toxic fumes can lead to chronic lung conditions like asbestosis, silicosis, or occupational asthma. 
  • Neurological Disorders – Prolonged exposure to lead, mercury, or solvents can cause memory loss, cognitive decline, and nerve damage, increasing the risk of conditions like Parkinson’s disease. 
  • Organ Damage – Heavy metals and volatile organic compounds (VOCs) can be absorbed into the bloodstream, potentially leading to kidney, liver, or cardiovascular diseases. 
  • Skin Conditions & Burns – Contact with corrosive chemicals or hazardous materials can result in chemical burns, rashes, and chronic dermatitis. 

Construction workers who suspect that they have been exposed to toxic substances should promptly consult with a construction site accident attorney to secure their right and opportunity to recover compensation for their injuries. 

Causes of Toxic Exposure Accidents  

Construction workers are often harmed when employers and contractors fail to secure toxins properly. Those employers and contractors can be liable for the injured worker’s losses and damages when they: 

  • Fail to provide proper warnings about toxins or burn risks 
  • Dispose of toxic waste in an unsafe or illicit manner 
  • Ignore regulations for the storage and transport of toxic substances 
  • Fail to give construction workers adequate toxic substance training or protective gear 
  • Force workers to perform tasks in poorly ventilated areas 

OSHA’s Hazard Communication Standard is the primary regulation for transporting and handling toxic substances. Your attorney should be thoroughly familiar with that Standard as well as the chemical material Safety Data Sheets (SDS) that describe the precautions employers should take when toxic substances are used at a construction site. 

What Should You Do After A Toxic Exposure or Chemical Burn Accident? 

Construction workers who experience exposure to toxins should do the following: 

  • Leave the exposure area and get fresh air in a well-ventilated area as quickly as possible 
  • Remove and safely dispose of contaminated clothing 
  • Flush exposed skin or eyes with clean, running water for at least 15 minutes 
  • Contact a poison control center for advice on exposure to specific substances 
  • Get prompt medical attention, particularly if a worker is experiencing shortness of breath or pain or cannot remain conscious. 

Whether the toxic exposure was sudden and severe or gradual over months or years, construction workers should immediately consult an experienced toxic exposure attorney at Friedman, Levy, Goldfarb, Green, & Bagley. We can hold negligent employers and contractors accountable and pursue the maximum compensation available for medical expenses, lost wages, and long-term health effects. 

Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. to Schedule a Free Consultation 

Exposure to toxins and chemical burns are serious matters that can affect your life for many years. A toxic exposure lawyer will help you push back against employers and contractors who cut corners and harmed your health and well-being with dangerous toxins. 

If you have been exposed to a toxic substance at a New York construction site or sustained injuries from other common construction accidents, please call the Manhattan offices of Friedman, Levy, Goldfarb, Green & Bagley, P.C. for a free, no-obligation consultation with a member of our team. We have recovered millions of dollars in compensation for injured construction workers throughout the NYC metropolitan area. Since we work on a continge

Common Types of Premises Liability in New York 

Common types of premises liability cases in New York include slip and falls, inadequate security, dangerous staircases, defective sidewalks, and poorly maintained structures. These cases arise when property owners or managers fail to uphold their duty to keep their premises safe for lawful visitors, leading to accidents and injuries. Dangerous conditions such as broken handrails, loose flooring, or icy walkways can also cause serious harm. 

We’re Dedicated to Your Recovery “Let Us Fight for Maximum Compensation for Your Premises Liability Claim”
Contact Us Today and Maximize Your Compensation

If you are injured on someone else’s property, you may have a valid claim for compensation. The law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. can explain your rights and outline the smartest course for legal action. For more than 50 years, our NYC attorneys have successfully advocated for the rights of victims hurt in New York commercial and residential buildings. Contact us by phone or through our convenient online form to schedule a free consultation. 

What is a Premises Liability Case? 

Under New York law, property owners have a duty of care to maintain their properties in a reasonably safe condition. If a property owner fails to maintain their property or does not warn visitors about potential hazards, such as posting warning signs or cordoning off the area, they may prove liable if someone is hurt due to their negligence.  

The elements of a premises liability case include:  

  • Duty of Care. The property owner owed a legal duty to maintain a safe environment for those lawfully on the premises. 
  • Breach of Duty. The owner or manager failed to meet this duty by neglecting to address or warn about dangerous conditions on the property. 
  • Knowledge of the Hazard. The owner knew or should have reasonably known about the unsafe condition but did not take appropriate action to fix it or warn visitors. 
  • Causation. The hazardous condition directly caused the victim’s injury, with no significant intervening factors. 
  • Damages. The victim suffered measurable harm, such as medical expenses, lost wages, or pain and suffering resulting from the injury. 

These elements must be proven to establish a successful premises liability claim and secure fair compensation. 

Common Types of Premises Liability Cases  

As noted, premises liability cases arise when a property owner or occupier is negligent in maintaining their property, resulting in injuries to visitors or tenants. Understanding the most common premises liability cases can help victims recognize their legal rights and property owners’ obligations to ensure safety. 

Slip and Fall Accidents 

Slip and fall accidents happen when a person loses footing due to slippery, wet, or uneven surfaces. Common causes include spilled liquids, icy walkways, loose rugs, or recently mopped floors without proper warning signs. These accidents can result in significant injuries, such as fractures, back injuries, or head trauma.  

Trip and Fall Accidents Due to Unsafe Conditions  

Trip and fall accidents occur when hazardous conditions on a property cause someone to lose their balance and fall. Common causes include uneven flooring, loose carpets, cluttered walkways, and broken sidewalks. Victims may suffer serious harm, such as broken bones, sprains, or head injuries.    

Staircase Injuries from Neglect 

Staircase injuries are a common form of premises liability in New York, often resulting from property owners neglecting to maintain safe stairways. Hazards such as broken steps, loose handrails, poor lighting, or slippery surfaces can lead to serious accidents, including falls and trips. These incidents can cause severe injuries, such as fractures, head trauma, or spinal damage.  

Injuries From Falling Objects in Commercial Spaces 

New York is a city in a constant state of construction. While construction workers are the most vulnerable to getting struck by falling objects, such injuries can happen to pedestrians if the site is not secured properly. Customers can also sustain injuries if items fall from shelves in a retail establishment, such as a grocery store, and strike them.  

Dog Bites and Animal Attacks 

New York law blends elements of both strict liability and the “one-bite” rule when it comes to dog attacks. If you are bitten by a previously adjudicated dangerous dog in the city, the owner of the canine can be held strictly liable for the amount of hospital and medical bills stemming from the attack. In this sense, the victim does not have to prove that the dog owner’s negligence was responsible for the incident. 

Elevator and Escalator Accidents in New York Buildings 

Elevator and escalator accidents in New York buildings can occur due to mechanical failures, improper maintenance, or design defects. Issues such as sudden stops, misaligned doors, or malfunctioning steps can result in serious injuries, including fractures, cuts, or head trauma. 

What Should Victims Do After a Premises Liability Accident? 

In any personal injury case, strong evidence is critical. If you can, take photos of the accident scene and your injuries. While photos or videos are always crucial in personal injury cases, that is especially true regarding premises liability. Depending on the cause of the accident, property owners can often quickly address the issue and claim that hazardous conditions were not present. 

Other important steps to take include the following 

  • If there are eyewitnesses to your accident, obtain their names, addresses, and contact information.  
  • If possible, report the accident to the property owner right away. If a fall occurs on a commercial property like a supermarket or restaurant, notify the manager.   
  • Always seek prompt medical attention after a premises liability injury. Go to the emergency room or an urgent care facility. Failure to do so harms your case and could prove detrimental to your health.  
  • Contact a New York premises liability lawyer.  

Hiring a Premises Liability Lawyer Can Maximize Your Compensation

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have an impressive track record in obtaining settlements and verdicts in premises liability cases. Examples include a $2.75 million settlement for a young woman paralyzed when a stone thrown from a Bronx building hit her in the head.  

Our investigation showed that the building’s owner knew non-residents gathered on the roof, that objects had been thrown from the roof before, and that the superintendent had used the stone that struck our client to prop open the roof door, violating city regulations. 

We also secured a $2.1 million jury verdict in a Brooklyn slip-and-fall case when a decrepit steel plate in a city sidewalk covering a vault caused our client, a private waste hauler, to trip and injure his back.  

In Rockland County, we obtained a $652,000 jury verdict for a client injured in a supermarket trip-and-fall. A negligent employer at an A&P Supermarket placed a stock cart behind our client without notifying her. When she turned from a display case, she tripped over it, seriously injuring her knee and requiring arthroscopic surgery. 

Types of Compensation Available for Premises Liability Accident Victims

In a premises liability case in New York, victims may recover a range of damages to compensate for their injuries and losses. These typically fall into two main categories: 

Economic Damages include:  

  • Medical Expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and future medical care related to the injury. 
  • Lost Wages: Compensation for income lost during recovery and any reduction in future earning capacity. 
  • Property Damage: Costs to repair or replace personal items damaged in the incident. 

Non-economic damages include:  

  • Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury. 
  • Loss of Enjoyment of Life: Damages for reduced ability to enjoy daily activities or hobbies. 
  • Loss of Consortium: Compensation for the impact of the injury on relationships with a spouse or family. 

In some cases, punitive damages may also be awarded if the property owner’s actions were particularly reckless or egregious. The exact damages available depend on the specifics of the case and the extent of the victim’s injuries and losses. 

How Comparative Negligence Affects Your New York Injury Claim

New York operates under a pure comparative negligence standard, which means that even if you were at fault, you may still recover damages minus your percentage of fault. In some states, you cannot receive damages if you are more than 50 percent responsible for the accident. In New York, you could theoretically receive damages even if you were 99 percent at fault. 

For example, the defendant’s attorney claims inappropriate footwear contributed to your slip and fall. A jury could then determine that improper footwear makes you 20 percent liable for your accident. A $100,000 award is reduced to $80,000.  

 Statute of Limitations for Premises Liability Cases in New York  

In New York, the statute of limitations for filing a premises liability lawsuit is generally three years from the accident date. After that date, the court will not usually permit a case to go forward. However, the statute of limitations is much shorter if the accident happened on any government property, ranging from a public school to a park or any local, county, state, or federal building.  

For example, if the accident occurred on New York City property, you must file a Notice of Claim within 90 days. The deadline for filing a personal injury lawsuit with New York City as the defendant is one year and 90 days.  

Justice Starts Here – Speak with a Skilled Premises Liability Attorney in New York

If you were seriously injured due to a property owner’s negligence, you need the services of an experienced New York premises liability lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation. While most premises liability cases are settled, we will litigate your case if the defendant fails to agree to a reasonable settlement.  

We serve all of New York City and its five boroughs, as well as Long Island, Rockland County, Westchester County, and the Hudson Valley.

Medical Treatment & Documentation After a Car Accident

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Recent data from the National Highway Traffic Safety Administration (NHTSA) shows more than 2.3 million people were injured in motor vehicle accidents in a single year. For many, these injuries are physically and emotionally life-changing.  

Prompt medical care after a crash is essential to avoid further complications and protect your right to sue for damages in civil court. New York City car accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. share the importance of documenting your injuries and how this evidence is used to build a compelling case for a fair settlement or favorable court outcome.  

Why Immediate Medical Treatment Is Crucial After a Car Accident 

After a car accident, it is possible not to have pain—even if you are injured. The body responds to stressful events by releasing hormones like adrenaline and cortisol, which engage the “fight or flight” response. Fight or flight is the body’s way of helping us react quickly during life-threatening events.  

This innate survival mechanism can also mask pain and distract our attention from injuries. This is problematic when an injured person declines medical treatment after a car accident because they initially seem okay—only to discover they are seriously hurt.  

Early treatment after a crash is also critical because some car accident injuries do not cause immediate symptoms. Organ damage, sprains and strains, bone fractures, and traumatic brain injuries (TBIs) can develop or worsen over time. Left undiagnosed and untreated, these injuries can potentially lead to chronic pain and permanent disability.    

Protecting Your Health: The Risk of Untreated Car Accident Injuries 

A car accident can cause severe trauma to the body, even if vehicles are moving at a lower rate of speed. When a car crashes into another vehicle or other object, three collisions take place:  

  • The vehicle collision: The vehicle makes contact with the other object.  
  • The human collision: The occupant continues moving toward the point of impact at the same speed until it connects with an outside force (like a seatbelt, vehicle interior, or outside surface in an ejection.) 
  • The internal collision: The occupant’s internal organs move toward the point of impact within the body. 

So, even if you are wearing a seatbelt or your airbags deploy during a crash, your internal organs can still shift within the body, causing bleeding, bruising, or tearing. Someone who appears uninjured may actually have extensive internal trauma that requires urgent medical treatment. Without timely care, these injuries can become life-threatening.  

How Medical Documentation Supports Your Legal Case  

Medical care is essential for personal injury claims not only to protect your health and well-being. Your medical records are also used as evidence to prove your injuries and show how they have impacted your life.  

Suppose you do not seek treatment or adequately document your care after a car accident. If that happens, you weaken your case and risk losing financial compensation to pay your expenses and rebuild after a devastating injury.  

Establishing Causation 

New York personal injury lawyers use your medical records to establish how and why you became injured. This is a concept called causation, and it is one of several elements required for plaintiffs to prove negligence in car accident cases and recover financial damages.   

The treating physician’s notes, along with diagnostic tests and treatment plans, show you became hurt during the accident and not due to a pre-existing condition. Medical professionals may also evaluate a case and provide expert opinions on what caused the victim’s injuries, recommended treatments, and the long-term prognosis for accident survivors.  

Strengthening Your Position for Fair Compensation 

The strength of your case depends in large part on the evidence provided. If you do not seek medical treatment after a car accident or wait too long to see the doctor, you open the door for the defendant’s attorney to question the validity of your claim or offer a lower settlement than you deserve.  

Documenting Treatment: The Role of Medical Records in a Car Accident Claim 

Clear, objective, indisputable medical evidence is essential for establishing that you were injured and those injuries require treatment. Medical records also show how your injuries have negatively impacted your quality of life.  

Maybe you are permanently disabled or can no longer work after a serious car accident. Traumatic events also leave lasting emotional scars. Car accident survivors can experience anxiety, depression, and post-traumatic stress disorder that affect their mental well-being and overall enjoyment of life.   

Severe injuries also create a significant financial burden. Between doctor visits, hospitalization, surgery, medication, and rehabilitative therapy, treatment can be incredibly costly, even with health insurance. Without medical records to verify these losses, they may go uncompensated, leaving injured victims without resources to recover physically, emotionally, and financially.    

Keep Records of All Medical Visits 

Now, let’s focus on ways to preserve the critical evidence you need to prove your personal injury claim. First, save all documentation for healthcare services related to your car accident, including: 

  • Emergency room care 
  • Surgery and hospitalization 
  • X-rays and other diagnostic tests  
  • Physical therapy 
  • Occupational therapy  
  • Medications 
  • Medical aids  

Many providers utilize electronic health records (EHRs), making storing and accessing your medical data easier. Make copies of your EHRs and share them with your attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. We carefully review this information to collect evidence vital to your claim.  

Document Pain and Suffering 

Although physical and mental pain and suffering are more challenging to document, they are just as impactful. New York State allows damages for pain and suffering in personal injury lawsuits when a serious injury has occurred.  

 There are several ways to document pain and suffering after a car accident:  

  • Personal journal: Use a journal to record how your injuries affect your day-to-day routine and your mental health. Be specific when describing your pain and physical limitations, and be sure to date each entry.   
  • Counseling records: Therapy or counseling can be beneficial after a traumatic event. Records from your sessions help to prove mental anguish.  
  • Witness statements: Observations from family, friends, and coworkers are also helpful to show how you have changed since the accident.   

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we thoroughly investigate your case and determine the value of your claim based on all the ways your accident has affected your life.  We fight for the settlement or court award that truly reflects your losses—so you can focus on healing and rebuilding.  

Avoid These Mistakes With Car Accident Documentation for Medical Treatment 

Some common oversights can derail your claim and prevent you from achieving full and fair compensation for your car accident injuries.  

Inconsistent Medical Treatment 

Following your provider’s guidance is necessary to build a solid personal injury claim. If you don’t complete medical treatment, the defendant’s insurance company and attorneys can argue that your injuries are not as severe as you claim. Adhere to your treatment plan and be diligent about documenting every visit and procedure to preserve the integrity of your case.  

Underreporting Symptoms 

Another common mistake car accident victims make is dismissing or downplaying their symptoms. As discussed above, traumatic injuries do not always have immediate and obvious symptoms. Always see a provider after a crash and share any concerns with your doctor—no matter how slight. Mild symptoms can indicate an emerging problem that requires timely medical treatment.  

Seeking Legal Representation: The First Step Toward Justice  

If you are hurt in a motor vehicle accident in New York and have questions about your rights, a free, no-obligation case review with an attorney is a crucial first step. The importance of legal consultation after a car accident cannot be understated. Without a skilled advocate in your corner, you can make costly mistakes that weaken your case and jeopardize your right to compensation.  

To get started, call or connect online. There is no fee unless we win your case. Based in New York City, Friedman, Levy, Goldfarb, Green & Bagley, P.C. proudly represents clients in and around Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Long Island, and across New York State.

Falling Object Accident Lawyer New York

Of the many dangers in and around a construction site, the hazards that often get overlooked come from above. Falling equipment, debris and other objects can cause severe and life-changing injuries to construction workers and anyone on or near a construction site, resulting in medical bills, wage loss and even permanent disability.

If you or a loved one was injured by a falling object on a New York construction site, the attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. are here to help you pursue fair and just compensation for the many losses you have suffered. An experienced falling object accident lawyer in New York can make all the difference when it comes to securing a financially stable future after suffering this serious injury.

Hard Hats or Safety Gear May Not Prevent Harm

Construction projects in Manhattan and throughout New York City often rise several dozen stories above the ground. It doesn’t take a physicist to tell you that a heavy object accelerating as gravity pulls it toward the earth can inflict devastating damage to a person below. A heavy object falling even one or two stories will possess enough force to cause a serious or even fatal injury.

While hard hats and other safety equipment should be worn at all times on a construction site, a large falling object or even a small object falling from a great height may still injure a construction worker below, even if he or she is fully outfitted with safety gear.

Life-Changing Injuries From Falling Objects

Falling objects are most likely to strike a worker on the head or shoulders, although arms, legs, knees and any body part can be affected, depending on the position the worker is in and the trajectory of the falling object.

Some of the most common construction site injuries caused by falling objects include:

  • Brain injuries: Head trauma caused by falling objects can leave a victim with severe and debilitating hardships, including headaches, impaired memory and cognition, and even changes to the personality.
  • Shoulder injuries: Torn rotator cuffs, scapular fractures and other injuries to the shoulder are often extremely painful and difficult to treat. Such injuries can dramatically limit range of motion, leaving a construction worker unable to work for a long period of time.
  • Neck injuries: The force of a blow to the head can bend the neck at an unnatural angle, resulting in whiplash, a herniated disc, a fractured cervical spine or other serious injury.

Workers struck by falling objects may suffer primary injuries inflicted by the falling object itself as well as secondary injuries if the initial blow causes them to fall. These secondary injuries can run the gamut from broken hands and wrists to spinal cord injuries, broken ribs and internal organ damage.

A Proven Track Record of Winning Construction Injury Settlements For Our Clients

We understand the serious nature of construction site accidents and are prepared to help you pursue all sources of compensation for the losses you have suffered due to a falling object or other hazard. For more than 50 years, the New York construction accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C., have been standing up for injury victims in Manhattan, Brooklyn, the Bronx, Queens, Staten Island and throughout the NYC metro area.

Our results in construction accident lawsuits include:

  • $4,200,000 settlement on behalf of a worker who fell off a loading dock
  • $3,400,000 settlement on behalf of a painter struck by falling wall panels
  • $2,650,000 jury verdict on behalf of a forklift driver who fell due to a collapsing material hoist

Visit our results page to learn more about the verdicts and settlements we have secured for construction workers and injury victims from all walks of life.

The Law Is on Your Side

New York Labor Laws provide robust protections for workers injured in construction site accidents, including those caused by falling equipment, debris and other objects. Sections 240 and 241 require that construction sites implement strict safety protocols regarding the use of scaffolds, ladders, hoists, elevators and other devices. The law holds owners strictly liable when falling objects or other preventable hazards injure construction workers.

Who Is Responsible for a Falling Object Accident?

Who is liable when a falling object strikes and injures a worker below? Answering this question is one of the key responsibilities of a falling object accident lawyer. New York construction sites involve many parties, from site owners to contractors and subcontractors responsible for a wide range of functions.

Some of the ways negligence can contribute to a falling object injury include:

  • A site owner who failed to implement safety protocols such as safety netting and sidewalk sheds
  • A scaffolding contractor who failed to construct secure guardrails that would have prevented the object from falling
  • A subcontractor who carelessly left a power tool on a precarious ledge while people were working below
  • A manufacturer who allowed a faulty rail, bucket, scaffold or other device to malfunction and create a falling hazard

After conducting a thorough investigation into the cause of your accident, we can pinpoint the party or parties who may be legally responsible for your injuries.

Compensation for Falling Object Accidents

When an injury changes your life, you need to explore all sources of available compensation so you can rebuild your life to the greatest possible extent.

Any work injury should qualify you for workers’ compensation benefits, but in the case of a falling object injury, you may be entitled to far more compensation than is available through the NY workers’ comp system.

Filing a personal injury lawsuit against a negligent person or business who caused your injury can open the door to compensation for future medical bills, full wage loss, pain and suffering, emotional trauma and other hardships you may face far into the future.

Because of the severity of injuries caused by falling objects, you don’t want to leave any compensation off the table. If you rely on worker’s compensation benefits alone, you may find yourself lacking financial resources—and still unable to work—when those benefits eventually run out.

An experienced New York personal injury lawyer at our law firm can evaluate your case to help you identify all avenues of compensation and fight for the full dollar amount to which you are entitled under the law.

Get the Maximum Compensation You Deserve

The sooner you consult with an experienced work injury attorney after your accident, the better. The statute of limitations for most personal injury claims in New York is three years. If you let that time pass before taking legal action, you will lose your right to pursue the compensation you need to pay for your medical bills, wage loss and other hardships.

There is another good reason to act quickly after suffering a construction site injury caused by a falling object: The sooner your attorney can begin gathering facts and evidence from the accident site, the better chance he or she has of building a strong case for you.

Our attorneys and investigators will aggressively pursue evidence from accident site photos, surveillance footage, eyewitness testimony, work logs and other sources. The sooner we can begin working on your behalf, the better chance we have of obtaining the maximum amount of compensation you deserve.

How Our Firm Can Assist

A falling object may have hurt you and caused you to suffer, but the law offers hope for a financially healthy future. Our knowledgeable lawyers are here to handle all aspects of your personal injury claim so you can focus on your recovery. We have extensive experience and a proven record of success helping injury victims in Westchester County, Rockland County and throughout the Hudson Valley and all five boroughs of NYC. Contact us today to arrange a free initial consultation with a knowledgeable member of our legal team.

What Should I Do After a Construction Accident in New York City?

There are several important steps to take following a New York City construction accident—report it, seek medical care, and speak to an attorney. It’s important to remember that whether you were injured by heavy machinery or in a fall, these accidents can lead to severe physical injuries or permanent disability.

Fortunately, you might be entitled to a monetary award following a construction accident. This is true if you were hurt on the job or were injured as a passer-by. At Friedman, Levy, Goldfarb & Green, P.C., we could help you pursue the monetary reward you deserve. Contact us today for a free consultation.

Seek medical care

Your health and safety should be your top priority—especially following an accident. Immediately seeking out medical care increases the chances of a full recovery. Moreover, you also improve your chances of securing a favorable outcome in your claim because it provides crucial documentation of your injuries as well as your efforts to treat them.

Further, if your doctor gives you a treatment plan, you must adhere to it for as long as required. It could include follow-up appointments, ongoing use of prescription medication, rehabilitation, or other prescribed treatments.

Report your accident to your employer

If you are injured while working on a construction site, you must notify your employer as soon as possible. In some cases, your financial compensation could depend on it. If you are reliant on a workers’ compensation claim, reporting your accident is also a necessary step in the process.

It is also helpful to report an accident to construction site personnel even if you are not an employee. Creating a record of the accident helps provide documentation that an accident occurred. It also puts the owner of the property on notice that an injury claim is pending.

Talk to an attorney about your injuries

Out of all the steps you take following a construction accident, your choice of an attorney is probably the most important. Hiring legal counsel that understands how to investigate these claims and maximize your recovery is important. Our team of NYC construction accident lawyers is ready to help you aggressively pursue the benefits you deserve.

Contact us for a free consultation

At Friedman, Levy, Goldfarb & Green, we are ready to help you fight for the compensation you deserve. Our team has experience with construction accident lawsuits, and we will put that experience to work for you. From the early stages of investigating your case to the moment you resolve your claim, we are prepared to advocate for your rights. Reach out to us as soon as possible for your free consultation.

What are the top 4 causes of fatal construction accidents in New York?

The four top causes of fatal construction accidents in New York are falls, struck-by an object, electrocution, and caught-in/between accidents. The New York Committee for Occupational Safety & Health (NYCOSH) reports that there have been more than 20 fatalities on construction sites since 2013.

If you were seriously injured in a construction accident or a family member suffered a fatality, you might be entitled to compensation. Reach out to us at Friedman, Levy, Goldfarb & Green to speak with a New York construction accident lawyer. For over 50 years, we have helped individuals and their families who suffered on-the-job injuries or a fatality in and around New York City. We fight to recover fair monetary damages from negligent construction companies and their insurers.

Falls

Falls are the leading cause of fatal construction site accidents. According to the Occupational Safety and Health Administration (OSHA), they are usually caused by a lack of guardrails, support giving way, insufficient fall protection, and improper worker training. In addition, falls could result from scaffolds, roofs, or ladders. Serious injuries could even occur from a fall on ground level.

Struck-by Objects

OSHA reports that approximately 75% of struck-by fatalities involve trucks or cranes. If vehicle safety practices are not observed at the site, construction workers risk being pinned between vehicles and walls. Other causes include falling or flying objects and constructing masonry walls. The latter is especially dangerous because of the heavy loads that have to be supported.

Caught-in/Between Accidents

The term “caught-in/between accidents” refers to any injury that involves a construction worker being crushed between, inside, or under heavy objects or machinery. For example, a worker could be crushed by machinery or debris caused by collapsing or unsupported trenches. Workers can also suffer a fatality by being crushed between two or more moving vehicles or objects.

Electrocution

The fourth and final entry in this list is electrocution. While less common than the other three entries on this list, electrocution is a danger on most construction sites. It typically occurs from contact with live wires. This contact could result from improper safety measures, or it could be the result of defective equipment. This wiring could be underground or within the structure of a building.

Talk to an attorney about your construction accident case

If a loved one or family member were involved in a fatal accident, holding negligent construction companies or property owners accountable is challenging, but our team at Friedman, Levy, Goldfarb & Green is here to help.

We are prepared to serve as your advocate while pursuing fair compensation on your behalf. Our firm understands what it takes to pursue legal action following a catastrophic construction accident. Our initial consultation is always free. In addition, we work on a contingency basis, so there are no upfront legal fees.

What Are the Most Common Construction Accidents in New York?

Construction sites and scaffolded buildings are everywhere in New York City. Regrettably, the large number of construction projects cause an equally large number of construction accidents that leave injured workers unable to work. Therefore, reducing the volume of construction accidents begins with understanding their most common causes in New York. 

The attorneys of Friedman, Levy, Goldfarb & Green, P.C. have determined that construction accidents flow from one of three primary causes: workers who fall from high elevations, electrocutions, and collisions with construction vehicles or materials.

Falls and dropped tools or materials are leading causes of construction accidents

Falls from scaffolds are common construction accidents. To combat this, New York has adopted special laws and regulations that impose heightened safety obligations on scaffolding companies and contractors. When workers fall from scaffolds or tools drop and injure a worker on the ground, a contractor may be liable for negligence as a result of its failure to follow those regulations.

Workers who suffer injuries in falls from elevated surfaces should consult with construction accident attorneys in New York to determine if they have a right and opportunity to sue for damages. This is above what may be available to them from workers’ compensation benefits.

Construction accident electrocutions can cause permanent disabilities

Frayed power cords, improperly grounded tools, and overhead electrical lines are significant but common hazards. Because of the risks, contractors and project managers need to exercise extra care to prevent accidental contact with live power sources. Construction workers who suffer electrocution injuries may have a solid cause of action for negligence against the negligent parties.

Busy construction sites pose an omnipresent risk of collisions

Collisions with construction vehicles are one of the many risks that construction workers face. Heavy building materials, such as concrete slabs, can injure workers, causing everything from pinched fingers to serious harm such as crushed limbs and internal organ injuries. A contractor who has not implemented proper safety procedures to prevent collisions with construction vehicles or building materials may be liable for negligence damages. These could include lost future wages, ongoing medical costs, and compensation for pain and suffering.

Call the New York Construction Accident Attorneys at Friedman, Levy, Goldfarb & Green, P.C. for a free consultation

We help workers injured in construction accidents collect the full measure of damages they are entitled to receive. Call our Manhattan offices after you have suffered injuries in a New York construction site accident for a complimentary and confidential assessment of your right and opportunity

New York City Window Washing Accident Lawyers

Few jobs are more inherently dangerous than that of a New York City window washer. These workers toil on the skyscrapers making up New York’s landscape. Those workers who survive a window washing accident may face permanent disability or a long period of rehabilitation and recuperation. When your life turns upside down due to a window washing accident, seek legal help right away.

A New York construction accident attorney at Friedman Levy can help protect your rights and fight for maximum compensation on your behalf.

NYC Labor Law §202

Under New York Labor Law §202, the owner, lessee, and manager of any public building, as well as every contractor, must provide a safe way to clean the windows and exterior of the property. Without providing such safety equipment, window and exterior building cleaning cannot take place. The safety devices and equipment require approval by the Industrial Board of Appeals. The building owner must comply with the Industrial Board of Appeals. Under the law, workers are required to use these safety devices.

Keep in mind that §202 does not apply to dwellings of six stories or less located anywhere in New York State. It also does not apply to any building less than three stories in those municipalities with a population under 40,000.

Common causes of window washer accidents

Window washing accidents often happen due to insufficient or defective safety devices used in window washing. Common causes of window washer accidents include:

  • Scaffolding collapse
  • Ladder tipping
  • Defective safety equipment, such as harnesses or safety belts
  • Lack of safety equipment
  • Defective guard rails
  • Defective suspension ropes
  • Improper worker training
  • Overhead power line shock

The majority of window washer accidents involve falls, but any contact with a power line can result in electrical shock or electrocution. Window washer accidents may also occur due to weather conditions, such as wind, high temperatures, and inclement weather.

Then there are situations where the worker checks the scaffold and finds frayed suspension lines or other issues. If the supervisor says to use it anyway, the odds of an accident increase due to potentially defective equipment. Perhaps the scaffold appeared in good condition, but manufacturing defects caused it to give way.

Common injuries

Falling from a height, or having an object fall on you from a height, usually leads to devastating injuries. Common window washing accident injuries include:

  • Fractures
  • Internal bleeding
  • Spinal cord injuries
  • Traumatic brain injury

Unfortunately, many people succumb to the injuries received in a window washing accident. When this happens, surviving family members may be eligible to file a wrongful death lawsuit.

Who may be liable for a window washing accident?

Liability for a window washing accident depends on the unique circumstances of each case. However, under §202, an injured worker may sue the owner, lessee, manager, or general contractor. That holds true even if they were not negligent.

Usually, window washing accidents fall under New York’s workers’ compensation regulations. Injured employees receiving workers’ compensation benefits cannot sue their employer. The injured party may still file a personal injury lawsuit against the building’s owner, lessee, manager, or contractor.

Another law applies to window washing accidents. That is Labor Law §240(1), the New York Scaffolding Law, which applies to work done at elevated heights. Under the Scaffold Law, the owner, lessee, etc., cannot avoid liability even if the worker was negligent. That last provision does not apply to §202.

Violation of either law means the injured worker can bring a claim against those parties holding liability.

If the accident occurred due to a manufacturing defect, the manufacturer or the company providing the materials for its construction could prove liable.

Why it is important to hire a lawyer

When it comes to window washing accidents, you need representation by an attorney specializing in these types of accidents, including fall accidents, with an in-depth understanding of New York’s labor laws. You need a lawyer with expertise in determining who may prove to be at fault for a window washing accident under the unique circumstances.

Compensation

Compensation, or damages, in a window washing accident may include:

  • Medical expenses, present, and future
  • Lost wages
  • Loss of future earnings
  • Pain and suffering

Contact a New York City window washing accident lawyer

If you or someone you know was seriously injured in a New York City window washing accident, contact Friedman, Levy, Goldfarb & Green today. Schedule a free, no-obligation consultation. After reviewing your claim, we will let you know your options.

Since we work on a contingency basis, there is no fee unless you receive compensation for your injuries. Hablamos Espanol.