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1. What is a construction accident, and what kinds of situations qualify? 
  A construction accident is an injury or harm that happens on a construction site or during construction work. This includes falls from scaffolding or ladders, being struck by falling objects, trench collapses, and other unsafe site conditions. If the accident was caused by someone else’s negligence or failure to follow safety laws, you may have a legal claim. 
 

2. Who can be held liable in a construction accident case? 
  Several parties might be responsible, including the building owner, the general contractor and its subcontractors, and sometimes design professionals (engineers/architects) if a defect or design flaw contributes to the incident. It oftentimes depends on who had control over a worksite, including the means and methods in which the construction work was being performed. 

 

3. What are the special construction site safety laws in New York I should know about? 
 Key ones include NY Labor Law § 240 (often called the Scaffold Safety Law), which protects workers from falls when working at a height and falling objects; NY Labor Law § 241(6), which holds owners and general contractors liable for incidents that occur due to violations of New York’s Industrial Code; and NY Labor Law § 200 which is a codification of the common law requirement that owners and contractors provide a safe workplace. Owners and general contractors are strictly liable for violations of Labor Law § 240(1). 

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4. How long do I have to file a construction accident lawsuit in New York? 
 Usually, 3 years from the date of the accident for non‑fatal personal injury claims.  
If the accident results in death, the statute of limitations for wrongful death claims is 2 years from the date of death.  
If a government entity is involved, there may be shorter deadlines, and you may need to file a Notice of Claim first, usually within 90 days of the incident, after which a lawsuit must be filed within one year and 90 days following the incident. 
 

5. Can I sue if it's my employer who caused the accident? 
 Yes. Although you cannot sue your employer directly (workers’ compensation is your sole and exclusive remedy vis-à-vis your employer except in the event of a grave injury), you can sue the owner and general contractor if they failed to provide a safe workplace and if such failure was a cause of your injury. 

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6. What kinds of damages can I recover in a construction accident case? 
 Damages include pain and suffering, loss of enjoyment of life, lost earnings (past and future), and medical expenses (past and future). If the accident results in death, recovery may also be made for funeral/burial costs and the loss of parental guidance for minor children. 

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7.  What should I do immediately after a construction accident to protect my legal rights? 
 Report your accident to your employer and seek medical attention right away. Document everything: take photos of the scene, including any safety gear (or lack thereof) and your injuries. Get the names and contact information of witnesses (including email addresses and cell phone numbers). Keep all medical records and bills. And speak with a construction accident lawyer as soon as possible to protect your rights and comply with any legal deadlines. 
 

8. How long will a construction accident case typically take to resolve? 
 Construction accidents are more complicated than other lawsuits and thus usually take a longer time to resolve. Factors that can affect the length of time it takes for a case to resolve include the severity of injuries, complexity of liability, and whether the case proceeds to trial. Moreover, many construction accident cases are the subject of motion practice which can further prolong the case, especially if there is an appeal. 

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