The numerous and often unique hazards on construction sites put construction workers at a heightened risk of injury. If you got hurt in a construction site accident on Long Island, you may be entitled to workers’ compensation benefits. However, depending on the specific circumstances surrounding the accident, you could recover personal injury compensation through a construction accident claim against a third party.

Oresky & Associates, PLLC can help make this process as straightforward as possible for you. We know you’re dealing with a lot, so we’re here to take the claims process off your shoulders while you focus on healing. Contact us today for a free, no-obligation initial consultation with an experienced Long Island construction accident lawyer. Your case evaluation is fully confidential, and you pay nothing unless we successfully resolve your matter.

Why Should I Hire a Construction Accident Attorney?

After a construction accident injury, you likely have a long road ahead of you. You may face significant demands on your time and energy, including medical appointments, therapy, and financial stress. A Long Island construction accident attorney from Oresky & Associates, PLLC can help by doing the following:

  • Investigating the accident
  • Preparing your workers’ comp and/or personal injury claim
  • Filing the claim through the appropriate channels
  • Negotiating with insurers and attorneys representing your employer and/or a third party
  • Pursuing full benefits or compensation on your behalf
  • Taking your case to court, if necessary
  • Appealing a denied workers’ comp claim, if applicable
  • Charging you nothing unless we recover compensation for your accident claim

Oresky & Associates, PLLC brings over 30 years of success in construction accident injury cases, and we’ve recovered over $500 million for accident victims across New York. Our clients have left hundreds of positive reviews regarding their experience working with us. This reflects our commitment to approaching every case with the human element top of mind; we listen, understand, guide, and communicate openly with every client.

Our lawyers and legal support staff will always treat you like a member of the family. We know you work hard; let us work hard for you to achieve the results you deserve. Reach out to us today to discover the difference a construction accident lawyer in Long Island can make for your brain injury case. Your case review is free and fully confidential

Who Can Be Held Liable for My Construction Accident Injuries?

Injured construction workers on Long Island can file a workers’ compensation claim without having to prove that anyone was at fault for the accident. Workers’ comp provides medical benefits and replaces a portion of your lost wages regardless of who caused the injury.

However, if a third party’s actions caused or contributed to your construction site accident, you may also have grounds to file a personal injury claim. These claims do require showing that another party’s carelessness or wrongdoing led to your injury, but they can also provide broader compensation.

Depending on the circumstances, potentially liable third parties may include any or a combination of the following:

  • Property owners who fail to correct dangerous site conditions
  • General contractors or subcontractors who ignore safety rules or fail to properly supervise work
  • Equipment manufacturers whose defective products cause injury
  • Engineers or architects who design or approve unsafe structures or plans
  • Vendors or delivery companies that create hazards through negligent actions on-site

What Types of Compensation Are Available to Construction Accident Victims?

Depending on how the accident occurred, injured construction workers on Long Island may be eligible for construction accident compensation and support through workers’ comp, a personal injury claim, or both types of claims.

Benefits through New York’s workers’ compensation program generally cover necessary medical treatment, a portion of lost wages, and disability payments if the injury results in lasting impairment. These benefits are available regardless of fault. However, they don’t fully compensate for lost wages and don’t include payments for intangible losses like pain and suffering.

If a third party’s negligence contributed to the accident, a personal injury claim may provide this additional recovery. Compensation awarded in a third-party construction accident lawsuit can include full lost earnings, any medical expenses not covered by workers’ comp, pain and suffering, emotional distress, and diminished future earning capacity.

Pursuing both forms of compensation, when applicable, can significantly increase the overall financial recovery available to an injured worker.

What Could My Construction Accident Case Be Worth?

The value of your construction accident case depends on many factors, including the type and severity of your injuries, the extent of medical treatment you require, how long your recovery takes, and whether you can return to the same (or any type of) job. No two cases are identical, and compensation amounts can vary widely.

An experienced construction accident law firm like Oresky & Associates, PLLC can review the details of your situation and provide a clearer understanding of what your claim may be worth.

How Long Do I Have to File a Lawsuit After a Construction Accident in New York?

You have limited time to take legal action after a construction accident. For workers’ comp, you must notify your employer within 30 days and file a formal claim with the Workers’ Compensation Board within two years of the injury. If you have grounds for a third-party construction accident lawsuit, state law generally gives you three years from the date of the accident to file. Missing these deadlines can prevent you from recovering any compensation, so it’s important to speak with a construction accident lawyer on Long Island as soon as possible to protect your rights.

How Do New York Labor Laws Apply in Construction Accident Claims?

New York has some of the strongest worker protection laws in the country, some of which apply specifically to construction accidents. These laws impose duties on property owners, contractors, and others involved in construction projects to maintain safe working conditions. When they fail to meet these obligations, injured workers may have grounds for a legal claim beyond workers’ compensation.

The following three key provisions often apply in construction accident cases and provide powerful legal remedies for construction workers hurt on the job.

  • Labor Law Section 200 – State labor law requires property owners and general contractors to provide reasonably safe working environments. This statute covers hazards such as unsafe equipment, inadequate supervision, or dangerous site conditions. The law also authorizes the Department of Labor to issue notices and prohibit the use of dangerous equipment or areas until conditions are corrected.
  • Labor Law Section 240 – New York’s scaffold law requires contractors, property owners, and their agents to keep scaffolds, hoists, ladders, and similar devices safe for workers performing erection, demolition, repair, alteration, painting, cleaning, or pointing duties. The law allows injured workers to hold owners and contractors strictly liable for injuries caused by falls or falling objects.
  • Labor Law Section 241 – This statute requires contractors, property owners, and agents to comply with specific safety rules on construction, excavation, and demolition sites. It mandates that floors, beams, shafts, elevators, and hoisting equipment be built, prepared, and operated to afford reasonable and adequate protection for workers and passersby. Violations can create liability for injuries resulting from unsafe practices or equipment.

Can I Recover Damages If I’m Being Blamed for the Accident?

Workers’ compensation benefits are available to injured construction workers regardless of who caused the accident. However, if the defendant in a third-party personal injury claim is accusing you of contributing to your own injury, that does not automatically prevent you from recovering compensation.

Under New York’s comparative fault law, the court may limit your recovery in proportion to your share of fault, but it won’t eliminate your right to compensation entirely. Even if you made a mistake on the job, you could still recover significant damages through a personal injury claim.

What Causes Most Construction Accidents on Long Island?

Construction sites involve many moving parts, and accidents can occur in various ways. Even when workers follow safety procedures, a single oversight or equipment failure can cause serious harm. Some of the most common causes of construction accidents on Long Island include the following:

  • Falls from scaffolds, ladders, or roofs
  • Accidents involving being struck by falling objects like tools, materials, or machinery
  • Electrocution from exposed wiring or contact with power lines
  • Forklift or crane accidents caused by operator error or mechanical failure
  • Building or trench collapses resulting from unsafe excavation or structural issues
  • Slip and trip hazards created by debris, uneven surfaces, or inadequate lighting
  • Accidents due to defective/unsafe equipment, poor maintenance, or missing safety guards
  • Asbestos, toxic fume, or chemical exposure

Any of these hazards can cause life-altering injuries. Many of these incidents are preventable when everyone follows proper safety standards.

What Are Common Injuries Sustained in Construction Site Accidents?

Construction accidents can cause a wide range of injuries, from those that fully heal in a few weeks to others that permanently change a worker’s life. The type and severity of injuries often depend on the nature of the accident and what safety measures were in place at the time.

Some of the most common injuries sustained on Long Island construction sites include the following:

  • Traumatic brain injuries and concussions
  • Spinal cord injuries and paralysis
  • Broken or crushed bones
  • Severe back, neck, and shoulder injuries
  • Burns from fires, explosions, or electrical contact
  • Amputations and loss of limbs
  • Internal organ damage or internal bleeding from blunt force or falls
  • Soft tissue injuries, including sprains and torn ligaments
  • Repetitive stress injuries from overexertion or vibration exposure

Contact a Construction Accident Attorney on Long Island Today

If a construction accident has sidelined you from your job, you may be entitled to benefits or compensation that give you the financial cushion you need. Trust Oresky & Associates, PLLC to provide the legal advice and support necessary to seek justice. We’ve earned the respect and admiration of our colleagues in the local legal system due to our hard work, honesty, and professionalism.

Let us show you what we can do for you. Reach out to Oresky & Associates, PLLC today to discuss your case for free with a construction accident attorney on Long Island. Your initial case review is fully confidential, and we charge nothing unless we recover compensation for you.