New York Construction Accident Lawyers

A New York construction accident case typically exists when a construction worker was injured because of a scaffold, ladder, roof, trench, falling object, missing fall protection, defective equipment, or another unsafe job-site condition. The presence of an owner, general contractor, subcontractor, equipment manufacturer, or third party other than the direct employer often triggers Labor Law § 240 or § 241(6) claim rights beyond workers’ compensation. A free legal review with Oresky and Associates confirms eligibility within one consultation.

New York construction injuries that frequently support a lawsuit include scaffold falls, ladder falls, falling-object strikes, trench and excavation collapses, crane and heavy-machinery accidents, roof and façade falls, electrocutions, demolition injuries, and injuries from defective equipment or missing fall protection. Catastrophic injuries — spinal cord, traumatic brain injury, severe orthopedic injury, amputation, paralysis, and wrongful death — carry the highest recovery potential because damages include long-term medical care and lost earning capacity.

Workers’ compensation is a no-fault system paid by the direct employer and covering medical care and partial lost wages. Labor Law § 240 is a New York statute that imposes absolute liability on owners and general contractors for elevation-related injuries when safety equipment fails. Labor Law § 241(6) is a New York statute that imposes liability on owners, general contractors, and statutory agents when a specific New York Industrial Code (12 NYCRR Part 23) rule was violated. Workers’ compensation can run in parallel with either Labor Law claim against non-employer third parties.

Yes. A New York construction accident often involves multiple responsible parties — owner, general contractor, subcontractor, equipment manufacturer, scaffold rental company, crane operator, and others. Oresky and Associates routinely names every appropriate defendant to maximize available insurance coverage and recovery. A workers’ compensation claim against the employer can also run in parallel with a separate lawsuit against the non-employer parties.

No. Undocumented construction workers in New York retain full rights under workers’ compensation law, Labor Law § 240, and Labor Law § 241(6). New York courts have repeatedly held that immigration status does not bar a construction worker from recovering damages for jobsite injuries. Oresky and Associates does not report clients to immigration authorities. Consultations remain confidential, and no immigration disclosure is required to begin a case review.

A New York construction worker paid in cash can still establish the employment relationship through text messages with foremen or supervisors, bank deposits in patterns consistent with employment, witness statements from co-workers, photographs of the worker on the job site, job-site sign-in sheets, OSHA inspection records that name the worker, and the testimony of any contractor or subcontractor who hired the worker. Cash payment does not bar workers’ compensation or construction lawsuit claims under New York law.

A New York construction accident lawyer typically works on contingency. The client pays no upfront fee. The lawyer advances the costs of litigation — expert witnesses, court reporters, filing fees — and is reimbursed only if money is recovered. The fee itself is a percentage of the recovery, set by New York court rules for personal injury cases and disclosed in a written retainer agreement. If no recovery is obtained, the client owes no fee.

A free consultation with Oresky and Associates is a confidential conversation in English or Spanish — in person at the Bronx or Queens office, by phone, or by video. The conversation covers what happened, who was involved, the nature of the injuries, the medical care to date, and any documentation the worker has saved. The firm explains likely claim options — workers’ compensation, Labor Law § 240, Labor Law § 241(6) — and what each can recover. There is no obligation to retain the firm.

A New York workers’ compensation claim must generally be filed within two years of the accident or of the date the worker knew the injury was work-related, under Workers’ Compensation Law § 28. A New York personal injury lawsuit — including most construction accident claims — must generally be filed within three years of the date of injury under CPLR § 214. Cases against municipalities or public authorities may require a Notice of Claim within 90 days under General Municipal Law § 50-e. Early legal review with Oresky and Associates protects every deadline.

Yes. When a New York construction worker dies as a result of a jobsite accident, surviving spouses, children, and certain other family members may file a wrongful death claim under New York EPTL § 5-4.1, in addition to workers’ compensation death benefits. Labor Law § 240 and § 241(6) often apply when the fatal injury involved elevation-related risk or a New York Industrial Code violation. A wrongful death recovery can include lost financial support, lost services, funeral expenses, and conscious pain and suffering of the decedent.

No. Oresky and Associates maintains a bilingual intake team and represents Spanish-speaking construction workers and families. Consultations in Spanish are available at any time at (718) 993-9999. The firm also handles correspondence, court filings, and depositions with certified interpreters when required.

A New York construction worker should save photographs of the job site, the equipment involved, and the injury; written reports made to the employer; the names and contact information of co-worker and supervisor witnesses; medical records and bills from every treating provider; any OSHA citations or inspection records; pay stubs or proof of payment; and any text messages, emails, or letters between the worker and the employer, foreman, or insurance representative. Preserving this evidence early can be the difference between a strong claim and a weak one.