New York State Construction/Worksite Accident Lawyer

Workers injured in a construction accident need a tough, experienced lawyer to fight for them relentlessly. Dan Santola wrote the book on construction accidents. Dan is the author of a 1300-page book, Litigating Construction Accident Cases in New York. Since his 1978 landmark victory for injured construction workers, in the case of Allen v. Cloutier Constr. Corp., New York’s judges, and lawyers have recognized Dan Santola as a preeminent authority on New York’s unique laws that protect workers in the hazardous employment of construction, demolition, and excavation. Lawyers have selected Dan as one of The Best Lawyers in America for over thirty consecutive years.

Let Powers & Santola and their experienced construction accident lawyers help you recover the total amount of your losses. Have someone on your side with decades of experience and a track record of success handling construction site accident cases.

Our attorneys have helped hundreds of injured workers employed in construction, manufacturing, warehouses, road construction, utility work, and other industries in upstate New York recover the full measure of damages they are entitled to receive.

We have handled a wide range of work-related injury and wrongful death claims resulting from construction accidents and other workplace accidents, including:

• Falling objects that strike workers
• Electrocution and burn injuries
• Excavation accidents and crush injuries
• Vehicle accidents while at work
• Forklift accidents
• Welding accidents and machinery defect accidents
• Explosions
• Toxic exposure
• Crane, excavators, aerial lifts, loaders, and other heavy equipment accidents
• Falls from ladders, scaffolding, roofs, beams, in elevator shafts, or from any elevation

Our lawyers are available to evaluate your accident claim during a free, no-obligation consultation. Call our Albany office or email Dan Santola directly at dsantola@powers-santola.com.

Most Common Construction Accident Injuries

Most construction accidents result in severe injuries. Victims of construction accidents might suffer the following devastating injuries:

• Spinal cord injuries: These catastrophic injuries can occur during crane accidents, falls from heights, and being struck by objects.
• Back injuries: Back injuries are among the most common injuries construction workers encounter, including strains and sprains. These injuries can occur from lifting, moving, or handling heavy objects, as well as in workplace accidents. 
• Traumatic brain injuries: Traumatic brain injuries and other head injuries can occur in motor vehicle accidents, falls, or being struck by objects. These debilitating injuries can lead to loss of mobility and lifelong complications. 
• Fractures: Construction workers may suffer broken bones due to falls, being struck by heavy objects, or machinery accidents. 
• Crush injuries: Collapsing structures, machinery, or equipment can cause crush injuries. These injuries are sometimes fatal or cause internal organ damage.
• Eye injuries: Construction workers may be hit by flying debris, have sparks enter their eyes from welding, or suffer eye injuries when they come in contact with caustic chemicals.
• Burns: Construction workers can suffer painful burn injuries when they are exposed to harmful chemicals, hot surfaces, or fires.
• Electrical shock injuries: Faulty wiring, ungrounded wires, or faulty equipment can cause electrocutions and other electrical shock injuries. 
• Respiratory injuries: Inhaling dust, fumes, and toxic substances can result in respiratory illnesses, including lung disease. 

If you have suffered any of these construction injuries, contact our personal injury attorneys today to find out what your legal options are for seeking compensation for your medical expenses, lost wages, and other damages. 

Legal Protections for New York Construction Workers

New York’s labor laws protect construction workers from injuries that they receive from improper or defective scaffolding or a lack of PPE. There are also safety regulations in place that employers and construction site owners must adhere to. If they fail to do so, they can be held legally liable for resulting injuries. The scaffolding law is a strict liability law, so if you can show you were injured due to defective scaffolding, you don’t have to further prove how your employer, the construction site owner, or the general contractor was negligent. 

New York’s labor laws also require general contractors and project owners to provide proper safety equipment to prevent workers from falling from heights in the construction, excavation, or demolition industries. They must also take steps to protect these workers from falling objects. If they did not furnish safety equipment, they could be responsible for paying the construction worker for their medical bills, lost income, and other damages. 

Determining the Liable Party After a New York Construction Accident

As explained above, New York’s specialized labor laws dictate specific duties that employers, property owners, contractors, and other responsible parties have to ensure construction work is safe. These parties must maintain safe working environments for construction workers and adhere to relevant safety regulations. Failing to do so can result in liability for resulting construction site injuries. 

Potentially at-fault parties in construction accident cases could include:

• Employers
• General contractors
• Subcontractors
• Property owners
• Property managers
• Architects
• Engineers
• Equipment manufacturers

An experienced attorney can investigate your case and gather evidence to prove liability for your injuries. 

Financial Compensation Available After a Construction Accident

The financial compensation you can recover after a construction accident will hinge on whether you are limited to filing a workers’ compensation claim or if you can file a personal injury claim against your employer or a third party responsible for your injuries. Workers’ compensation claims operate under a no-fault system, so you can receive compensation without having to prove your employer was negligent. However, your compensation is limited to payment for medical treatment, partial wage replacement, rehabilitation, and potentially permanent disability benefits. Death benefits are available in the case of fatal accidents. Workers’ compensation benefits do not provide payment for your non-economic damages, such as your pain and suffering. 

However, if you are able to file a construction accident lawsuit, you can seek compensation for the full extent of your losses, which may include the following:

• Medical expenses: You can potentially recover compensation for emergency medical treatment, surgeries, hospital stays, medical devices, medication, rehabilitation, and in-home nursing care. You can also recover compensation for your anticipated future medical expenses.

• Lost wages: Through a personal injury claim, you can pursue compensation for the full extent of your lost wages, not just a portion of them. You can also seek compensation for your anticipated future lost wages.

• Diminished earning capacity: If the accident caused permanent disability or impairment, you can seek compensation for your loss of earning capacity.

• Property damage: If you were injured in a car accident or another incident that damaged your personal property, you can seek compensation for the costs to repair or replace your property.

• Pain and suffering: Pain and suffering damages can compensate you for your physical pain and suffering, emotional trauma, and mental anguish you’ve experienced due to the accident.

• Loss of enjoyment of life: You can also recover compensation that acknowledges the tremendous impact the accident has had on your life, such as not being able to enjoy life in the same way. 

• Loss of consortium: Loss of consortium refers to the loss of intimate relationships caused by a physical injury.

Our knowledgeable lawyers can analyze your situation and determine your legal options. Whether you need assistance moving forward with a workers’ comp claim or filing a personal injury lawsuit, we can provide the dedicated legal representation you need.

Important Case Deadlines Related to Construction Accident Claims

One of the tasks that an experienced construction accident lawyer can help you with is monitoring essential deadlines in your case. You don’t want to miss these critical dates, as doing so could cause irreparable harm in your case. Some of the deadlines that may apply to your case could include:

• Notifying your employer of the accident: You must generally give your employer notice of the accident within 30 days to preserve your right to file a workers’ compensation claim.

• Deadline to file a workers’ comp claim: You have two years to file your claim for workers’ compensation after notifying your employer.

• Deadline to file a personal injury lawsuit: Generally, you have three years to file a personal injury lawsuit in New York. However, if your injury was due to long-term exposure to hazardous substances, you have three years from when you discovered the injury or illness. If your claim is against a city, county, town, or village in New York or the state of New York, you must file a Notice of Claim within 90 days of the accident.  

What Are My Legal Options If I Was Injured as a Bystander?

If you were hurt as a bystander, such as if you were walking by a construction site when a falling tool or debris hit you, you can pursue a personal injury claim against the negligent construction worker, contractor, project manager, property owner, vendor, or other person responsible for your injuries. These parties have a legal duty to prevent injuries to others. Our experienced personal injury lawyers can help you seek fair compensation.

Who Pays My Medical Bills After a Construction Accident?

The answer to this question will depend on your specific situation. Generally, your employer’s workers’ compensation insurance carrier is responsible for paying medical expenses related to accidents workers sustain while performing their job duties. To get the insurance company to pay the bills, you will need approval from the workers’ comp insurance adjuster. 

If you suffered injuries in a non-workplace accident, such as if you were injured as a bystander, you would initially be responsible for paying for your own medical bills. However, you might be able to file a personal injury claim against the construction site owner or other negligent party to recover compensation for your medical expenses. 

Can I File a Wrongful Death Claim After a Construction Accident?

Wrongful death claims allow surviving family members to seek justice and accountability from the negligent parties responsible for their loved one’s death. If your loved one was killed in an accident under circumstances that would have allowed them to file a personal injury claim had they survived, your family may have the right to pursue this type of legal action. Wrongful death claims allow certain family members to recover compensation for the following types of damages:

• Your loved one’s projected lifetime income
• Your loved one’s final medical expenses
• Lost services your loved one would have provided had they survived
• Funeral expenses and burial costs
• Lost value of the estate and loss of inheritance

Contact our dedicated team today to find out if filing a wrongful death claim is an option for your family. 

Contact Our New York Construction Accident Attorneys Today

If you or a loved one was injured in a New York construction site accident, do not hesitate to contact an experienced lawyer today. You have a limited amount of time to take legal action, so time is of the essence. Our personal injury lawyers have recovered hundreds of millions of dollars in compensation for our clients. We are committed to helping you achieve maximum recovery. Call us today to get started with a free case review.

Call Today! (518) 465-5995

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