Falls Construction Sites in NYC

We Protect The Rights Of Workers After A Fall

Falls from ladders, scaffolds, roofs, and other work areas are among the most common types of construction site accidents in New York City and elsewhere in the United States.

Experienced Construction Accident Attorneys

Falls from ladders, scaffolds, roofs, and other work areas are among the most common types of construction site accidents in New York City and elsewhere in the United States. These falls often have devastating consequences for a worker’s life, and they may even be fatal. If you have been injured in any type of fall on a construction site, we may be able to help. At Oresky & Associates, our Queens and Bronx construction accident lawyers are committed to getting our clients full and fair compensation for their harm. With decades of experience to guide us, we treat each person who seeks our assistance with the personalized attention that they deserve.

Falls on Construction Sites May Cause Serious Injuries

According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of deaths in the construction industry. In 2015, for example, 364 out of 937 total deaths in construction resulted from falls. The Bureau of Labor Statistics found that in New York City, these accidents accounted for 24 fatalities in 2015, a slight increase from the previous year.

Under New York’s Labor Laws, the risk of falling is known as a “gravity-related hazard,” a term that covers falling workers as well as falling objects like materials or equipment that could strike workers. Falls on construction sites may be caused by an owner’s and/or contractor’s failure to provide proper safety equipment or follow proper safety protocol. This could include:

• Failure to provide fall safety equipment such as life lines and harnesses for a worker to tie off to;
• Failure to provide safe ladders or scaffolds that do not collapse, shift or move;
• Failure to use proper equipment to raise or lower heavy equipment or materials;
• Failure to provide a safe work platform or provide railings or barriers to prevent a worker from falling;
• Failure to ensure that sturdy barriers, ropes or safety devices are placed around openings, such as elevator shafts, stairwell openings, and other areas;
• Failure to provide safety netting to protect construction workers from being hit by falling debris such as bricks during the course of demolition.

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.

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

Know Your Rights After Falling On A Job Site

Workers hurt on the job sometimes think that they have no recourse other than Workers’ Compensation for an accident and their resulting injuries, but this is not always the case. The New York Labor Law protects construction workers, and those working in construction related trades such as demolition workers, asbestos handlers, painters, carpenters, electricians, plumbers and others. New York Labor Law Sections 200, 240, and 241provides protections for those working in the construction industry and related fields and provides injured workers certain rights to file a lawsuit and obtain compensation through court proceedings, including a jury trial. These laws hold construction companies, property owners, and contractors responsible for providing a safe working environment. Under certain provisions of the Labor Law if a property owner or contractor is found liable, they be held 100% responsible for the accident irrespective of the worker’s comparative negligence (partial fault for the accident). If they are found liable under the Labor Laws defendants may be required to pay for a worker’s accident-related pain and suffering, lost union benefits, lost wages, medical treatment as well as other damages, such as the loss of services of a spouse.

Discuss Your Situation with a Workplace Accident Lawyer

If you or a family member was injured due to a fall at a construction site, our experienced work injury attorneys can help you understand your rights and options. At Oresky & Associates, we take great pride in providing compassionate representation to each and every client. Members of our team are bilingual in Spanish for those clients and their families that prefer to speak Spanish. We assist injured workers in the Bronx, Queens, Manhattan, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. Call us at (718) 993-9999 or contact us online for a free appointment with an attorney to discuss your next steps.