Construction Accident Lawyer in NYC Fighting for Injured Workers
Construction workers build New York City, from high-rise towers in Manhattan and new housing in Brooklyn to subway and utility work in Queens and the Bronx, and they do it on some of the most dangerous job sites in the state. After a fall, a collapse, or a load of material coming down from above, the worries pile up fast, from medical bills and missed paychecks to whether you will be able to go back to your trade. If you’re searching for a construction accident lawyer NYC workers can turn to, our team can help you understand which claims you have and protect them while you focus on getting better.
At Miller & Caggiano, LLP, we represent injured construction workers across New York City, Long Island, and the rest of the state. Many people who call us assume workers’ compensation is their only option. It is often just the starting point, because New York Labor Law gives construction workers some of the strongest protections in the country, and those laws can support a personal injury claim against a property owner, general contractor, or another party who failed to keep the site safe.
Call today for a free consultation and speak directly with an attorney about what happened on your job site.
Representing Construction Workers in NYC, Long Island, and Across New York
We work with injured workers from every borough, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, along with workers hurt on job sites throughout Nassau County, Suffolk County, and the rest of New York State. If you are looking for a construction accident lawyer in NYC, our attorneys know the high-rise, infrastructure, and renovation sites where city workers get hurt, and the same Labor Law protections may apply whether you were injured on a commercial project in Midtown or a residential building out east.
We also understand the concerns union construction workers bring to us, including how a claim affects union benefits, a pension, and the ability to return to the trade. Our clients come from many trades, including the following.
- Ironworkers
- Laborers
- Carpenters
- Electricians
- Steamfitters
- Operating engineers
- Roofers
- Masonry workers
- Sheet metal workers
- Painters
- Teamsters
Common Construction Accidents We Handle
Many construction accidents are preventable when owners and contractors follow basic safety rules. When they don’t, these are the kinds of cases we see most often.
Scaffold, Ladder, and Height Falls
Falls are one of the leading causes of serious injuries and deaths on construction sites. Workers fall from scaffolds, ladders, roofs, lifts, and unfinished floors, and a fall from even one level can cause a brain injury, spinal damage, or fractures that take months to heal. New York’s Scaffold Law offers strong protection in these cases, which we explain further down this page.
Falling Objects
Tools, materials, debris, and equipment can fall from above and strike workers below. These accidents often cause head injuries, neck injuries, and traumatic brain injuries, even when the worker was wearing a hard hat.
Crane and Heavy Equipment Accidents
Cranes, forklifts, excavators, and power tools can crush, pin, or sever when they are defective, poorly maintained, or operated carelessly. These cases sometimes involve the equipment manufacturer or rental company as well as the contractor.
Electrical Accidents
Exposed wiring, faulty equipment, and contact with energized lines can cause severe burns, internal injuries, and nerve damage, and some electrical accidents are fatal.
Trench and Structural Collapses
Excavations that are not shored properly, along with walls or structures built on poor planning, can collapse and trap workers underneath.
Struck-By Accidents
Workers can be hit by vehicles, swinging loads, or moving machinery or materials being moved around the site.
Fires and Explosions
Gas leaks, chemical spills, and electrical faults can start fires or explosions that cause burns and blast injuries to everyone nearby.
Repetitive Stress Injuries
Not every construction injury comes from one bad moment. Years of heavy lifting, vibration, and awkward positions without proper equipment or breaks can lead to long-term, disabling conditions.
You May Have More Than One Claim After a Construction Accident
A single construction accident can open several paths to recovery at once. Depending on how you were hurt and who was responsible, you may be eligible for the following.
- Workers’ compensation benefits for medical care and lost wages
- A third-party personal injury claim against a property owner, general contractor, subcontractor, or equipment manufacturer
- Social Security Disability benefits if your injury keeps you out of work long-term
- Union disability benefits
- Disability pension benefits for public-sector and municipal workers
We handle the workers’ compensation case and the third-party case together. These claims affect each other in ways that matter to your bottom line. For example, the workers’ compensation carrier usually has a lien on a third-party recovery for the benefits it already paid, and how that lien is handled can change how much ends up in your pocket. With one team watching both cases, nothing gets lost between them.
How New York Labor Law Protects Construction Workers
New York’s Labor Law puts much of the responsibility for job site safety on property owners and contractors. A construction accident lawyer in New York will look at three sections in particular when deciding whether you have a claim beyond workers’ compensation.
Labor Law Section 240 (The Scaffold Law)
Labor Law Section 240 covers gravity-related accidents, meaning falls from heights and objects falling on workers. Owners and contractors must provide proper safety devices such as scaffolds, ladders, hoists, and harnesses. When those devices are missing or inadequate and a worker is hurt as a result, the owner and contractor can be held responsible even if they were not on site directing the work.
Labor Law Section 241(6)
Labor Law Section 241 requires construction, excavation, and demolition sites to follow specific safety rules found in the New York State Industrial Code. When a violation of one of those rules causes an injury, the owner and contractor may be liable.
Labor Law Section 200
Labor Law Section 200 sets out the general duty to keep a workplace reasonably safe. These claims usually turn on who controlled the work or who knew about a dangerous condition and failed to fix it.
Deciding whether any of these laws apply takes a close look at the site, the equipment, and the chain of contractors involved. Our attorneys investigate each case to find out whether compensation may be available beyond workers’ comp and who may be liable besides your employer.
Serious Construction Injuries We Handle
Construction accidents often cause injuries that need long-term treatment and rehabilitation. We represent workers dealing with the following.
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Back and neck injuries
- Broken bones and fractures
- Crush injuries
- Amputations
- Burns
- Internal organ damage
- Shoulder, knee, and other complex joint injuries
- Permanent disabilities
We also help families who lost someone in a fatal construction accident.
What Compensation May Be Available After a Construction Accident
The value of a construction accident case depends on how serious the injury is, how the accident happened, and which claims apply. Workers’ compensation and a personal injury claim cover different losses, which is why it matters to look at both.
Workers’ Compensation Benefits
Workers’ comp is a no-fault system, so you do not have to prove anyone did anything wrong. Benefits may include the following.
- Medical treatment related to the injury
- Wage replacement while you cannot work
- Permanent disability benefits
- Vocational rehabilitation
Personal Injury Damages
Workers’ comp does not pay for pain and suffering. A third-party claim can, and it may also cover these losses.
- Past and future lost earnings
- Medical expenses and future care costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Deadlines That Can Affect Your Construction Accident Claim
New York’s deadlines are strict, and missing one can cost you benefits you would otherwise be owed. The most common ones are listed below.
- Let your employer know within 30 days. Waiting longer can put your workers’ comp benefits at risk, so tell a supervisor as soon as you’re able.
- File a workers’ compensation claim within two years of the accident.
- File a personal injury lawsuit within three years of the accident in most third-party cases.
- Act within 90 days if a public entity is involved. When the site is owned by a city, county, town, or public authority, a notice of claim is generally due within 90 days, and the time to sue is shorter than three years.
- Wrongful death claims after a fatal accident generally must be filed within two years of the date of death.
Exceptions can apply to each of these, so the safest move is to talk with an attorney as soon as you can. Early contact also helps preserve evidence like photos, witness statements, and site records, which tend to disappear once a project moves on.
Why Injured Workers Choose Miller & Caggiano
Construction accident claims call for a firm that knows both workers’ compensation and personal injury litigation. Injured workers and their families trust us for several reasons.
- We focus on injured workers. Representing people hurt on the job is the core of our practice, and we understand the physical, emotional, and financial toll a serious injury takes on a family.
- We handle every claim together. Workers’ comp, the third-party case, and any disability benefits are coordinated by one team.
- Construction cases are familiar ground. Our attorneys have extensive experience with scaffolding, height falls, and Labor Law litigation, and we know the tactics insurance companies use to minimize claims.
- We understand union workers. We know the questions union members have about benefits, pensions, and returning to the trade.
- You talk to your attorney. We listen to your story, explain your options in plain English, and keep you updated through every stage.
- Trial is always on the table. We negotiate hard, and we are prepared to take your case to court when a fair settlement is not on the table.
Our firm has recovered significant compensation for injured construction workers, including a $7.5 million result for a worker injured on a construction site.
Meeting With Our Team
Miller & Caggiano has offices in Bohemia and Garden City, and we represent construction workers throughout the five boroughs, Long Island, and New York State. Consultations are free. If your injuries make travel hard, let us know and we will work out another way to meet so you can get answers without making your recovery harder.
Construction Accident Frequently Asked Questions
What should I do right after a construction site accident?
Get medical care first, even if you feel fine, because some injuries take hours or days to show up. Report the accident to your supervisor and employer, and take photos of the scene and your injuries if you can. Write down the names of witnesses. Do not give a recorded statement to an insurance company or sign anything until you have spoken with a construction accident attorney.
Can I sue my employer after a construction accident in New York?
In most cases, workers cannot sue their own employer or a coworker, and workers’ compensation is the remedy for that part of the claim. You may still be able to sue other parties, such as the property owner, general contractor, subcontractor, or equipment manufacturer, if their negligence or a Labor Law violation contributed to your injury.
Can I file a lawsuit if I’m already receiving workers’ comp benefits?
Yes, in many cases. If someone other than your employer or a coworker caused the accident, you can often pursue a personal injury claim against that party while still receiving workers’ comp benefits. The two claims interact, so it helps to have one attorney handling both.
What if I was partially at fault for the accident?
Fault does not matter in a workers’ compensation claim. In a personal injury case, New York follows a pure comparative negligence rule, which means you can still recover damages even if you were partly at fault, though the amount is reduced by your share of the blame. Under Labor Law Section 240, a worker’s own carelessness generally does not reduce recovery when a required safety device was missing or inadequate, unless the worker’s conduct was the only cause of the accident.
How long do I have to file a construction accident claim in New York?
You must report the injury to your employer within 30 days and file a workers’ compensation claim within two years. Most personal injury lawsuits must be filed within three years of the accident. Claims involving a public entity have much shorter deadlines, sometimes as little as 90 days to file a notice of claim, so contact an attorney as soon as possible.
Can my family file a claim after a fatal construction accident?
Yes. Surviving family members may be eligible for workers’ compensation death benefits and may also be able to bring a wrongful death claim against a responsible third party. A wrongful death lawsuit generally must be filed within two years of the date of death.
Talk With a Construction Accident Lawyer in NYC Today
If you were hurt on a construction site in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, or anywhere else in New York, don’t assume workers’ compensation is all you can get. You may be entitled to more under New York Labor Law, and the deadlines start running the day of the accident.
Miller & Caggiano, LLP helps injured construction workers pursue workers’ compensation benefits, third-party lawsuits, Social Security Disability, and every other source of recovery that fits their situation. Contact a construction accident lawyer in NYC today for a free, no-obligation consultation, and let us take on the legal side while you focus on your recovery.