What should I do immediately after a construction site injury?

Seek medical attention first, even if the injury seems minor. Report the accident to your supervisor or site foreman, make sure it is documented in writing, and if possible, take photos of the scene and your injuries. Then, contact a qualified construction accident attorney to preserve your legal rights.

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Can I sue my employer for a construction site injury in New York?

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In most cases, you cannot directly sue your employer due to workers' compensation laws. However, New York law allows you to bring a third-party personal injury claim against property owners, general contractors, subcontractors, equipment manufacturers, or other parties whose negligence contributed to your injury.

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What is New York’s “Scaffold Law” and how does it protect me?

New York Labor Law § 240, also known as the Scaffold Law, holds property owners and contractors strictly liable when a worker is injured in a fall from a height or by a falling object. This law applies to injuries involving scaffolds, ladders, hoists, and other elevated work — and it offers powerful protection for injured workers.​

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What injuries are most common on New York construction sites?

Some of the most frequent injuries include:

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• Broken bones and fractures

• Spinal cord and back injuries

• Traumatic brain injuries (TBI)

• Electrocutions

• Amputations and crush injuries

• Lacerations and puncture wounds

• Repetitive stress injuries

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What if I’m a union worker — does that affect my case?

Yes, union workers often have additional legal protections, benefit structures, and procedures that can impact your case. Leitner Warywoda has extensive experience working with union members and understanding how their agreements interact with personal injury and workers’ comp claims.

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How long do I have to file a construction injury lawsuit in New York?

The statute of limitations for a personal injury claim in New York is typically three years from the date of the accident. However, certain claims involving municipalities or public works projects may have shorter deadlines — sometimes as little as 90 days to file a Notice of Claim. Speak to an attorney as soon as possible.

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Can I recover compensation if I was partially at fault for the accident?

Yes. New York follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially at fault — your compensation is just reduced by your percentage of fault. For example, if you're found 30% at fault, you can still recover 70% of your total damages.

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What kind of compensation can I receive for a construction injury?

In addition to workers’ compensation benefits, a personal injury lawsuit may entitle you to:

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• Pain and suffering

• Lost wages and diminished earning capacity

• Medical expenses (past and future)

• Vocational rehabilitation

• Loss of enjoyment of life

• Wrongful death benefits (for surviving family members)

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Should I talk to an insurance company or sign paperwork?

Not before speaking with a lawyer. Insurance companies are focused on minimizing payouts — they may pressure you to give a recorded statement or accept a quick settlement. Let your attorney handle all communication and documentation to protect your rights.

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Do I need a lawyer even if I already filed for workers’ comp?

Yes. Workers’ compensation provides limited benefits and does not account for full pain and suffering. A skilled attorney can help you identify additional claims and pursue the full scope of compensation you’re legally entitled to.

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How much does it cost to hire a construction accident attorney?

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At Leitner Warywoda, we work on a contingency fee basis, meaning you don’t pay anything upfront. We only get paid if we win your case. Initial consultations are free, and we’ll review the details of your accident and explain all your legal options.

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Have More Questions? We're Here to Help.

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If your question wasn’t answered here or you want advice tailored to your situation, contact our NYC-based legal team. We offer free consultations to injured construction workers throughout New York City, the boroughs, and Long Island.

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