Protecting Injured Construction Workers Across NYC and Nassau County
Construction accidents in New York City and Nassau County can cause life-altering injuries, from scaffold falls to electrocutions. If you were hurt on a job site, you may have legal options beyond workers’ compensation, including third-party claims against property owners, contractors, or equipment manufacturers. At Bornstein & Emanuel, P.C., we focus exclusively on personal injury law and have spent more than 20 years fighting for injured workers. A New York City construction accident lawyer at our firm can help you understand your rights and pursue the full compensation you deserve.
Why Choose Bornstein & Emanuel, P.C.?
When a construction injury upends your life, the legal team you choose matters. Here is what sets Bornstein & Emanuel apart:
- More than 20 years dedicated exclusively to personal injury law
- A personalized, detail-oriented approach to every case
- Experienced with New York Labor Law Sections 200, 240, and 241 claims
- Available 24/7 with offices in Garden City and Manhattan (by appointment)
- Free initial consultation with no fee unless we recover compensation
- Spanish-speaking staff to assist our diverse client community
We represent injured construction workers across Long Island, Manhattan, Queens, Brooklyn, the Bronx, and Staten Island.
How Does New York Labor Law Protect Construction Workers?
New York has some of the most protective construction safety laws in the nation. Three sections of the state Labor Law are particularly relevant to injured workers.
Section 240, known as the Scaffold Law, imposes strict liability on property owners and general contractors for gravity-related injuries. If you fall from a scaffold, ladder, or elevated surface, or are struck by a falling object, the owner or contractor may be fully responsible for your damages regardless of whether you were partially at fault.
Section 241(6) requires owners and contractors to comply with specific Industrial Code safety standards during construction, demolition, and excavation work. A violation of these standards can support a claim for compensation.
Section 200 is the general duty clause. It holds property owners and contractors liable for unsafe conditions they created or knew about. This section often applies alongside claims brought under Sections 240 and 241.
These protections exist because the parties who control the worksite have a legal duty to keep it safe. When they fail, injured workers can pursue claims in addition to workers’ compensation benefits.
What Types of Construction Accidents Does Your Firm Handle?
Construction remains one of the most hazardous occupations in the United States. Falls, struck-by incidents, electrocutions, and caught-between accidents, commonly known as the Fatal Four, account for the majority of construction worker deaths nationally. In New York, the volume of building projects makes scaffold and ladder falls especially common.
Bornstein & Emanuel represents workers injured in a wide range of construction site accidents, including:
- Falls from scaffolds, ladders, roofs, and other elevated surfaces
- Injuries caused by falling tools, debris, or construction materials
- Electrocution and burn injuries from exposed wiring or faulty equipment
- Caught-between and crushing injuries involving heavy machinery
- Carbon monoxide, asbestos, and toxic chemical exposure
- Fires, explosions, and incidents involving flammable materials
- Defective machinery, tools, or safety equipment
Whatever the cause, we investigate every detail of the accident to identify who is responsible and hold them accountable.
Can I File a Third-Party Claim Beyond Workers’ Compensation?
Workers’ compensation provides medical benefits and partial wage replacement, but it does not cover pain and suffering or full lost earnings. If a party other than your direct employer contributed to your injury, you may have grounds for a third-party personal injury lawsuit.
Common third-party defendants in construction accident cases include:
- Property owners who failed to maintain safe conditions on the worksite
- General contractors responsible for overall site safety
- Subcontractors whose negligence caused or contributed to the accident
- Equipment manufacturers who produced defective machinery or tools
A successful third-party claim can provide compensation for medical expenses, lost wages, pain and suffering, and long-term disability. These are damages that workers’ compensation alone does not cover. Filing a third-party claim does not affect your eligibility for workers’ compensation benefits.
What Compensation Can I Recover After a Construction Accident?
The nature and severity of your injuries determine the compensation available. In general, injured construction workers may pursue damages for:
- Past and future medical expenses, including surgery, rehabilitation, and therapy
- Lost wages during recovery and reduced future earning capacity
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Permanent disability or disfigurement
Construction accidents often result in serious conditions such as traumatic brain injuries and spinal cord damage that require long-term care. In fatal cases, eligible family members may pursue a wrongful death claim to recover funeral costs, lost financial support, and other losses.
What Are My Rights as an Immigrant Construction Worker?
Immigrant workers make up a significant portion of New York’s construction workforce, and they are entitled to the same legal protections as any other worker. Immigration status does not affect your right to file a workers’ compensation claim or a personal injury lawsuit in New York.
Employers cannot legally retaliate against you for reporting an injury or pursuing a claim. Your case will not be reported to immigration authorities. At Bornstein & Emanuel, P.C., we have Spanish-speaking staff ready to assist you throughout the legal process. We understand the unique challenges immigrant workers face and are committed to protecting your rights.
Talk to a New York City Construction Accident Attorney Today
Construction injuries can leave you unable to work and overwhelmed by medical bills. You deserve an attorney who will fight for every dollar you are owed. At Bornstein & Emanuel, P.C., your consultation is free, and we only get paid if we recover compensation for you. Contact us today to discuss your case. ¡Hablamos Español!
Frequently Asked Questions
How long do I have to file a construction accident lawsuit in New York?
New York’s statute of limitations for personal injury claims is generally three years from the date of the accident. However, if your claim involves a government entity, such as a city-owned building or public project, you must file a notice of claim within 90 days of the injury. Consulting an attorney promptly helps ensure you meet all applicable deadlines.
Do I need to prove my employer was at fault to receive workers’ compensation?
No. Workers’ compensation in New York is a no-fault system. You are entitled to benefits regardless of who caused the accident. However, workers’ compensation limits the types of damages you can recover. A third-party lawsuit may allow you to pursue additional compensation for pain and suffering and full lost earnings.
What should I do immediately after a construction site injury?
Report the injury to your supervisor right away, then seek medical attention, even if the injury seems minor. Document the scene with photos if possible and keep records of all medical treatment and missed work. Do not sign any statements or agreements from insurance companies before speaking with an attorney. Contact Bornstein & Emanuel, P.C. to discuss your legal options.
