Construction Accidents

Construction Accident Lawyers Serving New York & New Jersey

If you’ve been injured on a construction site in New York or New Jersey, workers’ compensation may cover a portion of your medical bills and some of your lost wages, but it almost certainly will not make you whole. Workers’ comp does not pay for pain and suffering, it typically replaces only a fraction of your actual income, and it does not hold the parties who created the dangerous condition accountable for what happened to you.

Construction accident claims involve layers of liability that extend well beyond a standard workplace injury. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our New York and New Jersey construction accident lawyer has represented injured workers for over five decades and pursue third-party claims that provide the full compensation workers’ comp does not cover. Contact us for a free consultation.

Trusted construction accident lawyers with over 51 years of experience.

What makes construction accident cases different from other injury claims?

Construction sites involve multiple companies working on a single project, including general contractors, subcontractors, equipment suppliers, property owners, and architects, and when an accident happens, determining who is legally responsible requires investigating the relationships and contractual obligations among all of these parties. In New York, the Labor Law provides some of the strongest protections for construction workers in the country, and Sections 200, 240, and 241 impose specific duties on property owners and general contractors to maintain safe conditions. Section 240, often called the “Scaffold Law,” may impose absolute liability on the owner and contractor when a worker falls from a height because proper safety equipment was not provided. New Jersey does not have an equivalent statute but allows injured workers to pursue third-party claims against entities other than their direct employer.

Types of Construction Accident Cases We Handle in New York and New Jersey

The construction industry ranks among the most dangerous sectors in the country, and OSHA safety data consistently identifies falls, struck-by incidents, electrocutions, and caught-between hazards as the four leading causes of construction worker deaths.

• Falls from heights. Scaffolding collapses, ladder failures, unguarded floor openings, and roof falls are the most common cause of construction fatalities, and scaffolding accidents require specific protections under both federal safety regulations and New York Labor Law.
• Struck-by accidents. Workers hit by falling tools, materials, or equipment account for a significant percentage of construction injuries, and crane collapses and swinging loads cause some of the most severe harm on active job sites.
• Electrocutions. Contact with live wires, faulty wiring, and improperly grounded equipment produces injuries ranging from severe burns to cardiac arrest, and these incidents are frequently the result of inadequate lockout/tagout procedures.
• Caught-between hazards. Workers crushed between equipment, pinned by collapsing structures, or caught in unprotected trenches face injuries that often result in amputations or fatalities, and trench safety standards under OSHA require specific protective systems that many contractors fail to implement.
• Equipment malfunctions. Defective machinery, improperly maintained cranes, and malfunctioning forklifts can cause catastrophic injuries, and product liability claims may apply when a manufacturer’s defect contributed to the accident.
• Fire and explosions. Welding near flammable materials, gas line ruptures, and chemical storage failures on construction sites create risks of fire and explosion injuries that can affect multiple workers at once.

Why Choose Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for Construction Accident Cases in New York and New Jersey?

Significant Recoveries for Injured Workers

Our firm secured a $9.2 million jury verdict in a construction site fatality case, a result that remains one of the largest of its kind in Rockland County. We have also obtained a $1 million structured settlement for a worker who fell 15 feet from a ladder and a $428,000 settlement for a construction worker’s ankle injury. These are among the millions of dollars we have recovered for injured clients across New York, NY and New Jersey, NJ.

Barry S. Kantrowitz has over 40 years of trial experience and serves as lead counsel in significant verdicts and judgments throughout both states. He holds an AV Preeminent rating from Martindale-Hubbell, has been named a Super Lawyer in New York, and is a member of The National Trial Lawyers. Barry graduated from Boston University School of Law in 1985.

Kate Carballo focuses on personal injury litigation and is a Certified Civil Trial Attorney designated by the New Jersey Supreme Court. She is a member of the American Association for Justice and was selected to the Super Lawyers list from 2024 through 2026.

Our personal injury lawyer in New York and New Jersey understands the regulatory landscape, the contractual relationships on job sites, and the engineering questions that arise when a worker is seriously hurt.

“Kantrowitz Goldhammer Graifman absolutely amazing attorneys they took our case that was a very challenging one and did a fantastic job. won a great settlement. if you’re looking for an attorney that you can trust that will do the right thing and win your case look no further call these guys now” — Jon Greenwald

Understanding Construction Accident Cases

Damages, Liability, and Compensation for Construction Accident Cases

Workers’ compensation pays a percentage of your average weekly wage and covers your medical treatment, but it does not make you whole. If you were earning $1,200 a week before you fell from scaffolding, workers’ comp pays you roughly $800. There is no payment for the pain that keeps you awake at night, nothing for the fact that you cannot pick up your child anymore, and no recognition that your career in construction may be over at age 34. A third-party claim fills that gap.

Through a third-party lawsuit against the general contractor, property owner, equipment manufacturer, or other responsible party, you can pursue full compensation. That means your actual medical costs without limitation, your complete lost wages rather than the reduced amount workers’ comp provides, the physical pain and emotional distress caused by the injury, and the diminished earning capacity if you can no longer do the work you were trained for.

In New York, liability in construction cases often turns on the Labor Law rather than ordinary negligence principles. Section 240(1) imposes strict liability on owners and general contractors for gravity-related injuries, which means you do not need to prove they were careless. The failure to provide proper safety equipment is enough. Section 241(6) creates liability when specific Industrial Code safety regulations are violated and the violation contributes to the accident. Section 200 applies standard negligence principles when the owner or contractor controlled or supervised the work being performed. In New Jersey, construction workers do not have the benefit of a scaffold law, but third-party negligence claims against parties other than the employer remain available and are essential because workers’ comp benefits alone rarely cover the true cost of a serious construction injury.

Important Aspects in Your Construction Accident Case

On a construction site, the question of who is responsible for your injury is rarely as simple as “my boss.” The general contractor hired the subcontractor. The property owner hired the general contractor. The equipment was leased from one company and maintained by another. Each of these entities may have had some degree of control over the conditions that led to your accident, and your attorney needs to sort through contracts, site logs, and safety plans to identify every potentially liable party.

The workers’ compensation carrier for your employer will likely pressure you to settle early, and accepting that offer can affect your ability to pursue a third-party claim for the full value of your injuries. Before you sign anything from the workers’ comp insurer, have a personal injury attorney review it.

Report the accident to your employer and get to a doctor the same day. Documentation created at the time of the injury carries far more weight than a report filed a week later from memory. If there is broken equipment, a missing guardrail, or an unmarked floor opening involved, photograph it before anyone has a chance to fix it or clean it up. In our experience, hazardous conditions on job sites have a way of being corrected very quickly after someone gets hurt.

Construction Accident Case Timeline

Construction accident cases can be complex and may take longer than a typical personal injury matter to resolve because multiple defendants, workers’ compensation liens, and detailed engineering questions add layers to every phase.

• Medical treatment and stabilization is the first priority, and this phase may involve surgeries, physical therapy, and an extended recovery period that lasts months or longer depending on the severity of the injuries.
• Investigation of the accident includes reviewing OSHA construction standards and any citations issued, gathering site photographs, inspecting equipment, interviewing witnesses, and reviewing safety training records to establish what went wrong and who is responsible.
• Your attorney files a third-party lawsuit against the responsible parties within the statute of limitations, which is three years in New York and two years in New Jersey.
• Discovery includes depositions of site supervisors, safety managers, co-workers, and sometimes equipment manufacturers, and this phase can be lengthy due to the number of parties involved.
• Settlement negotiations or trial follow, and our firm prepares every construction accident case for trial because many defendants in these cases refuse to offer fair compensation without the pressure of a looming court date.

What to Bring to Your Construction Accident Consultation

When you meet with our attorneys, bring anything that helps us understand what happened and who controlled the conditions on the site where you were injured.

• Any incident or accident reports filed with your employer or the general contractor after the accident
• Medical records and bills from all treatment since the injury, including emergency room visits, surgeries, and rehabilitation
• Photographs of the accident scene, the hazardous condition, or the equipment involved in the injury
• Your employment records, pay stubs, tax returns, and union information if applicable

The consultation is free and confidential, and we will evaluate whether you have a viable third-party claim beyond workers’ compensation.

New York and New Jersey Legal Resources for Construction Accidents

New York

These resources can help you research New York laws and safety regulations related to construction accidents:

• New York State Unified Court System provides information on civil filing deadlines and court procedures for personal injury actions
• New York State Department of Labor oversees workplace safety regulations and the Labor Law provisions that apply to construction site injuries
• OSHA Construction Standards provides the full text of federal safety regulations at 29 CFR 1926 that apply to construction sites nationwide

New Jersey

These resources cover New Jersey construction accident law and workers’ compensation:

• New Jersey Courts provides guidance on statutes of limitations and filing procedures for third-party construction accident claims
• New Jersey Department of Labor administers workers’ compensation in the state and provides information about benefit eligibility for injured workers
• OSHA publishes construction safety data, enforcement actions, and compliance assistance resources

Reach Out to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to Schedule a Consultation

If you were hurt on a construction site in New York or New Jersey, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help you pursue the compensation you deserve beyond what workers’ comp provides. Contact us for a free case evaluation.