Construction Site Injury Lawyer in New York

As a construction site inury law firm in New York, the Law Offices of Albert Goodwin zealously represents clients in pursuing just compensation for injuries sustained in construction site accidents.

We represent clients who have suffered catastrophic injuries, including brain damage, paralysis, and amputations, as well as wrongful death lawsuits on behalf of surviving family members. We accept cases on a contingency fee basis, which means that our clients pay no upfront costs and owe no legal fees unless and until we recover money on their behalf through a settlement or jury verdict. Our contingency fee agreement allows injured construction workers to level the playing field against well-funded defendants and insurance companies and provides access to the courts regardless of their financial means.

Construction Accident Injury Cases in New York

The Law Offices of Albert Goodwin handles a wide range of construction site injury cases, including:

• Crane accidents involving collapses, tip-overs, load drops, workers struck by cranes or loads, operator negligence, and mechanical failures
• Scaffolding accidents involving unsecured scaffolds, inadequate fall protection, plank breaks or displacement, worker falls, and falling objects striking workers
• Ladder accidents involving defective ladders collapsing, improper placement or securing, falls, and falling objects
• Construction site falls from roofs, into unprotected openings, off unguarded edges, and slip and falls on debris or slippery surfaces
• Workers run over by operating equipment in backover accidents, crushed between equipment and fixed objects, struck by swinging counterweights, and due to operator negligence
• Electrical accidents involving electrocution from live wires, arc flash and blast injuries, inadequate lockout/tagout procedures, and defective electrical equipment and tools
• Excavation accidents and trench collapses involving cave-ins burying workers, workers struck by excavator buckets, falls into unprotected excavations, and asphyxiation in collapsed trenches
• Fires and explosions causing burns from ignited sparks or open flames, explosions from ignition of flammable gas or dust, lack of fire extinguishers or suppression systems, and inadequate evacuation plans and training
• Welding accidents involving exposure to harmful fumes, burns, being struck by falling equipment, and fires from welding near flammable materials
• Unsafe or dangerous equipment accidents involving unguarded saws and grinders, defective power tools and cords, improperly maintained heavy equipment, and lack of backup alarms or lights on vehicles
• Other types of construction site injuries from falling objects, nail guns, dangerous or toxic materials, overexertion and repetitive motion, and assaults at poorly secured sites

Construction Accident Litigation FAQ

Who Can I Sue if I Was Injured in a Construction Accident in New York State?

Claims against general contractor and/or owner under NY Labor Law can be brought under Section 200. It requires that owners and general contractors maintain a safe work environment and can be held liable for dangerous conditions on the premises if they created the condition, had actual or constructive notice of it, and failed to remedy it. For claims related to the supervision and control over work that led to the accident, the owner or general contractor must have authority over the means and methods of the work.

Section 240(1) imposes strict liability for gravity-related hazards like falls from heights due to lack of proper safety equipment and objects falling and striking workers below. This section is specifically designed to protect workers from elevation-related risks and imposes absolute liability once a violation is established as a proximate cause of the injury.

Section 241(6) creates a non-delegable duty to comply with safety regulations and violations of specific NY Industrial Code provisions. This means that even if a subcontractor is performing the work, the owner or general contractor can still be held liable for violations of these regulations.

Claims can also be made against subcontractors, equipment manufacturers and others for negligence in performance of work, product liability for defective machinery or tools, and failure to warn of hazards. These claims are typically brought under common law negligence and product liability theories.

What is the New York Scaffolding Law?

Labor Law Section 240 imposes strict liability on owners and contractors for injuries caused by inadequate safety equipment like scaffolds, ladders, hoists, stays, slings, hangers, blocks, pulleys, braces, irons, ropes, etc. Failure to provide proper protection is a violation. The law protects against falls from heights and objects falling onto workers below. It applies to erection, demolition, repairing, altering, painting, cleaning, pointing of a building or structure. Section 241(6) requires compliance with specific safety rules in the NY Industrial Code for construction, excavation, and demolition operations. Code Rule 23 covers safety measures for various operations.

How Do Construction Site Injury Attorneys Investigate a Case?

If there is a valid case, we conduct a thorough investigation. This includes inspecting the accident scene if possible to photograph and document unsafe conditions and measure and diagram relevant areas. We obtain official reports from OSHA investigations, police/ambulance, and Department of Buildings inspections. Worker records like union documents, pay stubs, tax records, and training and certification are gathered. Witnesses including co-workers who saw the accident, supervisors and safety personnel, and construction safety experts are interviewed. Physical evidence like defective tools or equipment, debris from collapses, and failed safety gear is secured. Contracts and insurance policies showing agreements between the owner, general contractor and subcontractors and insurance coverage are obtained. Experts are consulted on how the accident occurred, applicable safety standards, and how it could have been prevented. The statement provided outlines a comprehensive approach to conducting an investigation following a construction accident.

What Do Construction Site Injury Lawyers Look For in Discovery?

In the discovery process, construction injury lawyers look for contracts and paragraphs on site safety outlining agreements between parties, specific safety provisions, indemnification and insurance requirements, and compliance with OSHA and industry standards. They seek safety documents and equipment records including written safety programs, training and certifications, inspection and maintenance records, photographs of safety gear, and warnings and instructions for machinery. Key personnel are identified and questioned about their safety roles, knowledge of the accident, and communication with the injured worker. Detailed accounts of the accident, location and measurements, equipment failures, safety devices, testing and maintenance, and prior incidents are elicited. Questions cover safety training and instructions given to the worker and warnings of hazards. Witness identities, statements, credibility and background are explored. Post-accident investigation steps, reports, photographs, findings and remedial measures are examined. Deponents are asked for their understanding of causation, expert opinions, standards and regulations, and alternative theories of liability.

What is the NY Carlos Law?

NY's Carlos Law establishes criminal liability for corporations causing worker injury or death. Under the law, corporations can be guilty of criminal corporate liability for the death or injury of a worker, with the possibility of felony charges against corporations and executives. Corporations can face fines between $500,000 and $1 million for felonies and between $300,000 and $500,000 for misdemeanors.

The Carlos Law holds corporations accountable for endangering workers, creating a strong incentive for companies to prioritize worker safety. It gives prosecutors a new tool to punish the worst offenders in worker deaths and helps ensure workers return home safely while preventing devastating losses. The law is named after Carlos Moncayo, a 22-year-old Ecuadorian immigrant who was killed in a 2015 trench collapse accident in Manhattan. Moncayo was buried alive when a 14-foot deep trench caved in at a construction site. The general contractor in that case was convicted of manslaughter and other charges, exposing the lack of criminal liability for companies in worker deaths. The bill was signed into law by Governor Kathy Hochul in December 2022 after long being advocated by construction unions, safety advocates, and the Moncayo family.

The Law Offices of Albert Goodwin advocates for full financial recovery on behalf of injured construction workers. We are committed to holding owners, contractors and equipment companies responsible and maximizing compensation for medical expenses, lost earnings, disability, pain and suffering. The Law Offices of Albert Goodwin accepts construction site injury cases on a contingency fee basis, which means that our clients pay no upfront costs or legal fees unless and until we recover money on their behalf through a settlement or jury verdict. Our contingency fee agreement allows injured construction workers to level the playing field against well-funded defendants and insurance companies, providing access to the courts regardless of their financial means. You can call us at 212-233-1233 or send us an email at [email protected]. We represent construction site injury victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.