Construction Accidents

New York City Construction Accident Lawyers Assist Injured Workers and Passers-By

Brooklyn firm has proven track record of success in serious injury cases

The attorneys at the Brooklyn-based law firm of Rubenstein & Rynecki have more than 30 years of experience fighting for maximum awards for victims in New York construction accident cases. The law firm handles construction accident cases related to:

• Crane collapses & falls
• Scaffolding accidents
• Ladder accidents
• Defective machinery
• Worker falls
• Hoisting accidents
• Forklift or crane accidents
• Falling objects
• Excavation and trenching accidents
• Toxic fumes
• Asphyxiation
• Explosions
• Electrocution
• Welding accidents
• Defectively constructed sidewalks

The law surrounding New York construction accidents is complex. At times, a worker is entitled only to workers’ compensation, which does not include full wage replacement or compensation for pain and suffering. In other cases, the worker is entitled to sue for negligence and can recover personal injury damages, including compensation for pain and suffering. Only an experienced attorney can assess your situation and assert your full legal rights.

Common types of construction accidents

According to the Department of Labor & Industries, most work-related construction injuries result when a worker:

• Is in an accident that results in pinching, squeezing or crushing a body part in machinery or between objects
• Falls from a significant height, such as from a roof, scaffold or ladder
• Slips, trips or falls on a flat surface, often as the result of poor maintenance
• Is struck by or hits a body part against something, such as a flying object, or suffers noise damage to the ear drum
• Is a victim of a motor vehicle accident, including an accident involving heavy motorized equipment
• Suffers musculoskeletal injuries of the upper body, typically affecting the neck, back and arms, which include repetitive motion injuries, overexertion and other health problems.

When injuries are most serious, you can rely on our experienced attorneys to pursue full compensation.

What New York labor laws are relevant to construction accidents?

New York has some of the strongest legal protections in the country for construction workers. These include:

• N.Y. Labor Law Section 200 — This statute imposes a general duty on employers to provide “reasonable and adequate protection to the lives, health and safety of all persons employed” at a worksite. The law allows inspectors to shut down work on a construction site due to perceived violations.
• N.Y. Labor Law Section 240 — New York’s famous "scaffold law" provides special protections for workers who labor at heights that expose them to risk of serious injury or death via a bad fall. If the contractor or site owner fails to provide adequate safety equipment, including safely constructed scaffolding, the responsible parties can be held strictly liable for accidents related to that failure.
• N.Y. Labor Law Section 241(6) — This statute sets out safety provisions related to demolition, excavation and construction and is meant to work in conjunction with Rule 23 of the New York Industrial Code. When a worksite violates Rule 23 and a worker suffers injury as a result, the worker can demand compensation from the contractor or owner.

Our attorneys are highly knowledgeable about New York construction accident law, so we can pursue every avenue for compensation.

Statute of limitations for New York construction accidents

In New York, the statute of limitations for a personal injury lawsuit is three years from the date of the construction accident. When a government entity is a defendant in a personal injury case, the victim must file a notice of claim within 90 days of the injury-causing event and has an additional year from that date to file a lawsuit. In cases of fatal accidents, the victim’s eligible relatives have two years from the date of death to file a wrongful death claim.

The importance of legal representation

New York workers compensation laws govern recoveries of damages for construction accidents and injuries. While this coverage allows victims to collect even if their own negligence causes an accident, the claims process can encounter numerous complications such as the following:

• Insurance companies can deny or shortchange claims by questioning the injury’s work-related nature or its extent.
• Employers may attempt to require a return to work before being fully restored to health.
• Contractors may be exempt from workers compensation coverage.

Our attorneys are dedicated to helping injured workers receive fair treatment for their claims. When workers suffer injuries due to third-party negligence — such as the manufacture or provision of faulty equipment — we can pursue the additional claims necessary to helping ensure victims recover all damages they deserve.

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Representing New York construction accident victims since 1972

Rubenstein & Rynecki in Brooklyn represents victims of construction accidents throughout New York City. If you or a loved one has suffered a serious injury, call 718-522-1020 or contact us online today for a free consultation. No recovery, no fee.