Although there has been a significant amount of recent progress when it comes to protecting its workers, construction remains among the most dangerous, even deadly professions in New York. According to the 2024 “Deadly Skyline” report from the New York Committee for Occupational Safety and Health (NYCOSH), New York City’s construction worker fatalities have recently increased by 20%, possibly a direct result of decreased OSHA inspections.
Unfortunately, many construction workers believe that workers’ compensation is their only option. This is not the case. You may have other options to recover the compensation you deserve. If you’ve been injured on the job, call Buttafuoco & Associates to consult with a Construction accident lawyer serving New York. We can help you understand your rights and fight for you if you have a case.
Common Types of New York Construction Accidents
Falls from Heights
Falls are among the most common, and unfortunately the deadliest, construction site accidents. Common causes for falls include:
- Unstable or inadequate scaffolding
- Catwalks or platforms without proper guardrails
- Unprotected edges or open holes
In these cases, your employer has often failed to provide a safe working environment and therefore may be liable for your injuries.
Trapped or Crushed by Falling Structures
Scaffolding or other structures on construction sites may be. These accidents often result from:
- Negligent co workers failing to follow safety protocols.
- Negligent employers disregarding construction site hazards.
- Defective scaffolding or supports sold by negligent manufacturers or distributors.
Struck by Falling Object
Falling objects are a constant hazard on construction sites. These might include debris or even heavy tools. Many of these accidents can be prevented with proper safety precautions, including safety netting, helmets, and worksite protocols. However, when employers and site managers fail to enforce safety measures, serious injuries can occur.
Defective Equipment Injuries
Construction relies on power tools, heavy machinery, and safety equipment. When these products fail, even the most skilled workers are at risk of serious injury. You may be eligible to file a claim against a manufacturer or supplier if your accident was caused one of the following:
- Malfunctioning power tools
- Faulty safety gear
- Defective heavy machinery
Vehicle Accidents on Construction Sites
Construction requires heavy machinery, including dump trucks and other construction vehicles. These can pose a serious risk when proper safety guidelines aren’t followed. Common reasons for construction site vehicle accidents include:
- Negligent drivers
- Poor road conditions
- Load shifts causing vehicles to overturn or crash
Furthermore, these accidents don’t just happen on the job site. According to our New York construction accident attorneys, workers are often at risk when traveling between locations and may be eligible for compensation in the event of an injury.
Workers’ Compensation Claims for Construction Accidents
Under New York law, all employers are required to provide workers’ compensation insurance for their employees. While typical workers’ compensation claims should be straightforward, there are some issues that may arise, according to our New York construction accident lawyers:
- Not all workers are covered. While employees are entitled to workers’ compensation benefits, employers are not required to cover independent contractors. If you were injured on the job, it’s crucial to determine your employment status and whether your employer’s insurance covers you.
- Insurance companies often deny valid claims. These companies often try to avoid payouts, alleging that injuries are exaggerated, preexisting, or fabricated. They may even claim that you are at fault for your injury or that you injured yourself intentionally.
- Workers’ compensation has limits. Workers’ compensation benefits help cover lost wages while you’re injured, but they are limited. Through June 30, 2025, the maximum weekly reimbursement in New York was only $1,171.46, which for many workers is far less than their typical paycheck.
Third Party Claims
While workers’ compensation provides necessary financial relief, it only covers economic damages like medical bills and lost wages. However, many construction accidents involve third-party negligence. This means someone other than your employer contributed to your injuries. In these cases, you may be entitled to non-economic damages, such as pain and suffering and mental anguish. Some situations of third-party claims include:
- When a negligent driver causes an accident on a construction site.
- When a negligent manufacturer or distributor is responsible for a defective tool, safety device, or piece of machinery.
- When a negligent property owner fails to install safety measures or proper warning signage.
In these cases, you could bring a third-party claim against that driver, manufacturer, or property owner.
If someone else’s negligence caused your construction accident, you shouldn’t have to settle for minimal benefits. If a negligent third-party contributed to your injury on the job site, it’s imperative that you work with a seasoned construction accident attorney in New York. Call 1-800-NOW-HURT for a free consultation. Buttafuoco & Associates has the experience to hold negligent parties accountable.
