Demolition Construction Accident NYC

Demolition is one of the most dangerous jobs in the construction industry

If you or someone in your family has been injured in an accident related to demolition, we can help you recover the compensation to which you are legally entitled.

Demolition Accident Attorneys Helping Workers in the Bronx, Queens, and Elsewhere in NYC

Demolitions are an effective way to clear lots for new projects, but they are one of the most dangerous operations in the construction industry. If you or someone in your family has been injured in an accident related to demolition, the Queens and Bronx construction accident lawyers at Oresky & Associates, PLLC can help you recover the compensation to which you are legally entitled. In New York, workers’ compensation benefits are only one way to get financial assistance, and we can help you explore the full scope of your options. We are committed to providing our clients with personalized and compassionate representation at every step of the process.

Compensation for Accidents Related to Demolition

When a worker is injured in a New York construction accident, that worker may have a right to compensation beyond workers’ compensation benefits. New York Labor Law Sections 200, 240, and 241(6) protect workers in the construction industry, including demolition workers. These provisions provide injured workers with important rights to seek compensation in court.

Accidents related to demolitions can lead to a variety of serious injuries, including neck and back injuries, spinal cord injuries, head injuries, broken bones, and paralysis. These injuries can result from many different types of demolition accidents, such as:

• Falls from scaffolds or ladders at demolition sites;
• Falling objects or debris at demolition sites;
• Elevated work platforms that collapse;
• Equipment failure or faulty equipment; or
• The improper use of demolition explosives.

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

• Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
• Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
• Start Your Recovery: we can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.

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.

Know The NYC Demolition Accident Laws

Section 240 of the New York Labor Law protects demolition workers who are injured in a fall or by an object falling on them at the job site. Specifically, this law requires property owners and contractors to provide adequate safety devices to workers to protect them from height-related injury risks. For example, if a worker was hurt due to a fall from a ladder or scaffold that was struck by falling materials or demolition debris, that worker would be able to seek compensation for their harm.

Section 241 of the New York Labor Law mandates that property owners and contractors must comply with specific safety rules outlined in Industrial Code Rule 23 during the demolition of a building. For example, the Code forbids parts of buildings, such as walls or floors, to be left unguarded if they are in such a condition that they may collapse due to pressure or vibration from a demolition. If parts of a building collapse and injure a worker due to a violation of the Code, the property owner and contractor may be held liable for the accident.

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.

Free Consultation

We Know Who To Hold Responsible For Your Injuries

In some cases, construction workers can also file a personal injury claim against a third party that caused or contributed to their injury, such as a manufacturer of defective equipment. A property owner or contractor can also be found negligent when a worker’s injury results from their supervision and control of the demolition work that brought about the injury and they failed to prevent or correct any unsafe conditions that they knew about or should have known. A personal injury lawsuit is usually based on negligence, which means that the property owner or contractor third party failed to use reasonable care during the demolition to protect the worker from harm, and this failure was the direct and proximate cause of the worker’s injuries and harm. Reasonable care is defined as how a sensible or prudent person would have acted under the same or similar circumstances. If negligence is established, the property owner or contractor third party may be required to pay damages under the Labor Law. These may cover items such as lost income, medical costs, pain and suffering, and any costs for future treatment.