Were you injured in a construction accident in New York? At Hurwitz, Whitcher & Molloy, we offer a free consultation with a New York construction accident lawyer trusted by injured clients since 1970.
If you were hurt on a construction site in New York, you may be facing surgery, months away from work, and calls from an insurance carrier that wants a recorded statement. You may also be unsure whether workers’ compensation is your only option. Hurwitz, Whitcher & Molloy has represented injured workers and accident victims for more than 50 years, and our five attorneys have more than 125 years of combined experience. Our New York construction accident lawyer reviews how the accident happened, identifies every source of compensation available to you, and handles the claim from the first filing forward. Contact our office to schedule a free consultation.
Construction Accident Lawyer New York
Our New York construction accident lawyer represents people who are injured on building, demolition, road, and renovation sites. In New York, that work usually proceeds on two tracks. The first is a workers’ compensation claim through the employer’s insurance carrier. The second is a personal injury lawsuit against a negligent party other than the employer, such as a property owner or general contractor.
Construction sites in New York recorded 50 fatal work injuries in 2024, according to BLS fatal injury data, and 24 of those deaths resulted from falls, slips, and trips. Missing fall protection and unsafe equipment are common causes, and why construction accidents happen often determines who is legally responsible. Our New York construction accident attorneys pursue both the benefits claim and the lawsuit when the facts support each.
Types of Construction Accident Cases We Handle in New York
Construction work exposes people to heights, heavy equipment, live electrical systems, and unstable ground. Our New York construction accident attorneys represent injured workers, and in some cases injured bystanders, in claims that arise from the accidents below. In each case, we first establish what failed and who was responsible for preventing it.
- Falls from heights. Falls from roofs, open floors, and unguarded edges often cause fractures, spinal cord damage, and head trauma. We examine whether guardrails, harnesses, and anchor points were provided and whether they worked.
- Scaffold collapses. A scaffold can fail because of overloading, missing planks, or improper assembly. Our attorneys identify who erected, inspected, and controlled the scaffold, because more than one company is often involved.
- Ladder accidents. Defective, damaged, and unsecured ladders cause falls on job sites of every size. We secure the ladder itself when possible. It is evidence.
- Struck-by accidents. Workers are hit by falling tools, swinging loads, and unsecured materials. These cases turn on how the load was rigged or stored and who directed the work overhead.
- Trench and excavation collapses. OSHA’s trenching and excavation guidance identifies cave-ins as the greatest risk to workers in a trench. We review soil conditions, protective systems, and inspection records to determine why the walls gave way.
- Machinery and equipment accidents. Cranes, forklifts, saws, and conveyors cause crush injuries, amputations, and entanglement injuries. When a design or manufacturing defect contributed, we pursue a claim against the manufacturer in addition to the workers’ compensation claim.
- Electrocutions, fires, and explosions. Contact with energized lines, faulty temporary wiring, and gas leaks cause burns and cardiac injuries. We work to establish which contractor controlled the hazard.
- Slip and falls. Debris, ice, mud, and wet surfaces cause falls at ground level. A New York construction accident attorney at our firm will determine who was responsible for keeping walkways and work areas clear.
- Wrongful death. When a construction accident is fatal, the worker’s family may have a claim for death benefits and, separately, a lawsuit against a negligent third party. We handle both and keep the family informed at each stage.
Why Choose Hurwitz, Whitcher & Molloy as My Construction Accident Lawyer in New York?
Experience With New York Injury and Workers’ Compensation Law
Michael J. Whitcher handles the personal injury cases at Hurwitz, Whitcher & Molloy, including construction accident claims. He was admitted to practice in New York in 1986 and joined our firm in 1992. Mr. Whitcher graduated magna cum laude from the State University of New York at Buffalo in 1982 and earned his law degree from the UB School of Law in 1985. He is a member of the Torts, Insurance and Compensation Law Section of the New York State Bar Association and of the Injured Workers’ Bar Association.
No Attorney Fees Unless We Recover
Our practice concentrates on two areas, workers’ compensation and personal injury, and a serious construction accident usually involves both. Our personal injury lawyer in New York has the dual background that an injured worker needs from their legal counsel. We handle construction accident cases on a contingency basis. You pay no attorney fees unless we recover compensation for you, and the first consultation is free.
Understanding Construction Accident Cases
Damages, Liability, and Compensation for Construction Accident Cases
Workers’ compensation pays for medical treatment and part of your lost wages no matter who caused the accident. It pays nothing for pain and suffering, but our New York construction accident lawyers can help you pursue a lawsuit against a negligent third party to recover the losses that workers’ compensation leaves out.
- Medical expenses. This category covers hospital care, surgery, rehabilitation, medication, and future treatment, which is extensive for catastrophic injuries such as spinal cord damage.
- Lost income. You can claim wages already lost and reduced earning capacity. A severe fracture or one of the back injuries common in construction can end a career in the trades.
- Pain and suffering. New York allows compensation for physical pain, emotional distress, and loss of enjoyment of life. The value of pain and suffering depends on the severity and permanence of the injury.
- Wrongful death damages. A family may recover its financial losses, including lost support and funeral expenses.
Liability depends on negligence, and the injured person must show that a party owed a duty of care, failed to meet it, and caused the injury. Property owners, general contractors, subcontractors, and manufacturers can each be responsible. When multiple parties share fault, the defendants often dispute how responsibility should be divided. New York’s comparative negligence rule reduces your damages by your percentage of fault but does not bar the claim.
What Are Important Aspects of a Construction Accident Case?
Deadlines, evidence, and employment status shape a construction accident claim. Here are important aspects that we consider:
- The lawsuit deadline. The statute of limitations for a personal injury lawsuit in New York is three years from the date of the accident.
- Public projects. Claims involving a city, county, or public authority carry much shorter notice requirements.
- Workers’ compensation deadlines. The Workers’ Compensation Board directs injured workers to notify the employer in writing within 30 days and to file a claim within two years.
- Evidence. Construction sites change daily. Photographs of the scene, incident reports, and witness names should be collected before conditions are altered.
- Employment status. Whether you are classified as a worker or contractor affects which claims are available to you.
What Is the Construction Accident Case Timeline?
A construction accident claim can resolve in a few months or take several years. The length depends on the severity of the injury, the number of parties involved, and whether the case goes to trial. Our New York construction accident lawyers can provide you with an estimate.
- Medical care and reporting. You receive treatment and report the injury to your employer in writing.
- Workers’ compensation claim. We file the claim with the Board so that medical and wage benefits can begin.
- Investigation. Our New York construction accident attorneys gather records, inspect equipment when possible, and identify every third party that may be liable.
- Demand and negotiation. Once your medical condition is understood, we present the claim to the responsible insurers and handle the insurance negotiations.
- Lawsuit and trial. If the insurers do not offer fair compensation, we file suit and prepare the case for trial.
What Should You Bring to Your Construction Accident Consultation?
You should bring anything you have to your consultation. Missing some documents will not prevent us from evaluating your case.
- An accident or incident report is helpful, along with the names of your employer and the general contractor.
- Medical records, discharge papers, and bills help us understand your injuries.
- Photographs, videos, and witness contact information are useful.
- Please bring any letters or forms you have received from an insurance carrier or the Workers’ Compensation Board.
The consultation is free, and our New York construction accident lawyer can review the facts, explain which claims are available, and answer your questions during that first meeting.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
Our legal team can protect both your benefits and your right to sue a negligent third party. Hurwitz, Whitcher & Molloy offers a free consultation, and you pay no attorney fees unless we recover compensation. Our phone line is answered 24 hours a day. Contact us to speak with our New York construction accident lawyer about your injury.