Construction Accidents Involving Debris in NYC

If You've Been Injured By Falling Debris, We Can Help

If you are a worker who has been injured in an accident involving debris, you need to contact a Queens or Bronx

Construction Injury Attorneys Representing People in the Bronx, Queens, and throughout NYC

Construction on high-rises and other types of buildings is commonplace in New York City. The reality is that these construction sites present many dangers to workers, one of which is debris. If you are a worker who has been injured in an accident involving debris, you need to contact a Queens or Bronx construction accident lawyer as soon as possible. At Oresky & Associates, PLLC, we are committed to providing compassionate and personalized representation to each and every one of our clients. With over 20 years of experience to guide us, we can help you secure the compensation that you are entitled to receive after an accident.

Understand Your Options Following an Accident Involving Debris

Construction debris refers to materials resulting from the alteration, renovation, demolition, or repair of a building or structure. Accidents involving debris can leave a worker with serious injuries, such as broken bones, eye injuries, ear injuries, head trauma, neck injuries, or spinal cord damage. Some of these incidents may even result in a tragic death. According to the Occupational Safety and Health Administration (OSHA), being struck by objects was the second-most common cause of worker fatalities in 2015.

A worker can be injured by slipping and falling on debris or by having debris fall on top of them. Forms of debris that commonly are present at construction sites include:

• Tools such as ropes, wire spools, hammers, screwdrivers, and wrenches;
• Demolition refuse
• Glass panes and other materials for windows;
• Wooden boards or beams used to construct buildings or parts of scaffolding; and
• Concrete, bricks and cinder blocks.

We Fight For Our Clients In The Courts

Workers injured in accidents involving debris tend to think at first that they are limited to Workers’ Compensation benefits, but this is not the end of the story in many circumstances. It is the obligation of all contractors to provide a safe work environment to workers. The New York Labor Law protects all of the construction trades, including masons, carpenters, electricians, plumbers, roofers, painters, welders, pipe fitters, and others. Sections 200, 240, and 241 give workers who are hurt on the job certain rights to file a lawsuit for pain and suffering as well as other money damages. This right is entirely separate and distinct from a worker’s ability to pursue a Workers’ Compensation claim.

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Common Legal Questions

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

Your time to file a construction lawsuit is limited by the statute of limitations. New York gives you three years from the date of the accident to initiate a personal injury lawsuit. The statute of limitations is a hard deadline. If you fail to file your lawsuit within the time limit, you will be barred from recovering compensation.

What Damages Are Available to Construction Accident Victims?

There are two main types of damages available to construction accident victims. Economic damages cover financial losses, such as medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover personal, non-monetary losses related to the accident. These include pain and suffering, emotional distress, scarring/disfigurement, and loss of consortium. Rare cases may qualify for punitive damages, such as incidents where the construction company ignored safety standards.

How Much Is My Construction Accident Case Worth?

The value of your case will depend on many different factors. Your economic damages, which are the direct financial losses you’ve sustained in the accident, will make up a large portion of your compensation. These damages include medical expenses and lost wages, among other things. Your non-economic damages, which represent the personal, non-financial losses related to the accident, will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, can also affect your award.

Can I Still Recover Damages If I’m Being Blamed for a Construction Accident?

Yes. You can still recover compensation if you are being blamed for a construction accident. Workers' compensation is a no-fault system. If you are seeking workers’ comp, you can recover benefits regardless of whether you are at fault for the accident. If you are filing a third-party suit and are partly at fault, New York’s pure comparative fault rules will come into play. In this case, your compensation will be reduced to account for your share of the blame for the construction accident.

How Do I Make an Accident Report from a Construction Accident?

If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.

Contact a New York Accident Lawyer for a Free Consultation

To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.

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Labor Law Section 200 codifies the duty of all property owners and contractors to provide a safe working environment. Labor Law Section 240 requires height-related protections for workers. Specifically, this statute mandates that protections be put in place to prevent workers from falling from heights and to prevent objects, including debris, from falling on top of workers. Labor Law Section 241 imposes a non-delegable duty on property certain owners, and contractors to provide a safe and reasonable construction site to workers involved in construction, excavation, or demolition work. This is done through compliance with the New York State Industrial Code.

These statutes are complex, which is why it is vital to hire an attorney who is thoroughly familiar with this area of the law. If liability is established under the New York Labor Law, an injured worker can recover accident-related damages, such as medical expenses, pain and suffering, lost wages, and more.