Trusted construction accident lawyers with more than three decades of New York workers' compensation experience.
If you've been injured at a construction site in Brooklyn, the workers' compensation process can feel slow, complicated, and stacked against you. Adjusters question medical records, carriers delay payments, and hearings get pushed back.
Our firm has focused on workers' compensation law since 1987, and we've represented injured Brooklyn workers across the borough and beyond. We handle hearings, appeals, and complex claims involving permanent impairment. Contact our office for a free consultation with a Brooklyn, NY construction accident lawyer that workers in the borough have relied on for more than three decades.
Construction Accident Lawyer Brooklyn, NY
What does workers' compensation provide after a Brooklyn construction accident?
New York's workers' compensation system covers nearly every work-related construction injury regardless of who was at fault. Falls from scaffolds, struck-by incidents on busy job sites, equipment malfunctions, and exposure-related illnesses all qualify for benefits when the injury arose from work activity. Available compensation includes medical care, partial wage replacement during periods of disability, and additional benefits for permanent impairment.
Brooklyn construction sites range from townhouse renovations to subway expansions to high-rise developments. The hazards vary, but the underlying legal framework stays the same. Our firm handles Brooklyn workers' comp cases for laborers, tradespeople, and supervisors hurt anywhere in the borough.
Types of Construction Accident Cases We Handle in Brooklyn
Brooklyn construction work covers everything from townhouse renovations to high-rise developments and major transit projects. The risks differ depending on the job site, but most serious construction injuries fall into a familiar set of common causes. The job injury case types below reflect what we see regularly in Brooklyn.
- Scaffold and ladder falls. Falls from elevated work surfaces continue to be one of the leading causes of serious construction injuries in New York. Workers suffer fractures, spinal injuries, and traumatic brain injuries that can keep them off the job for months or years.
- Falling debris and tool drops. On crowded job sites, dropped materials and tools striking workers below can cause severe head, neck, and shoulder injuries. Proper netting and hard-hat zones reduce risk but don't eliminate it.
- Crane and hoist accidents. Crane collapses, dropped loads, and hoist malfunctions injure operators, riggers, and ground crews. These cases often involve complex equipment investigations.
- Trench and excavation collapses. Soil walls that fail without warning can bury workers, leading to crush injuries, suffocation, and fatalities. Our firm has handled claims involving cave-ins across the New York metro area.
- Electrocution and arc flash injuries. Live electrical contact and arc flash incidents can produce serious burns, cardiac events, and long-term neurological damage. Electricians, demolition crews, and laborers near energized systems all face risk.
- Heavy equipment incidents. Workers struck by or pulled into excavators, bulldozers, forklifts, and skid steers can suffer crush injuries and amputations. Operator error and missing safeguards often play a role.
- Power tool injuries. Saws, nail guns, grinders, and pneumatic tools cause lacerations, eye injuries, and amputations every day on Brooklyn job sites. Many of these injuries qualify for workers' compensation even when worker error contributed.
- Repetitive stress injuries. Years of lifting, bending, and overhead work can produce rotator cuff tears, herniated discs, carpal tunnel syndrome, and other chronic conditions. We've handled these claims for long-tenured tradespeople across the city.
- Toxic exposure and respiratory illness. Workers exposed to silica dust, asbestos, lead, solvents, or welding fumes can develop lung disease and other chronic illnesses tied to their work history.
- Vehicle accidents on the job. Construction supervisors, delivery drivers, and tradespeople driving between sites face the risk of motor vehicle accidents that qualify as work injuries under New York law.
Why Choose Polsky, Shouldice & Rosen, P.C. for Construction Accidents in Brooklyn, NY?
Workers' compensation is the only kind of law our firm has practiced for more than 30 years. That depth shows up in the way we develop medical records, prepare clients for hearings, and push back on carriers that try to minimize or deny benefits.
Three Partners Focused Entirely on Injured Workers
Our three partners have collectively spent close to a century practicing workers' compensation law in New York. Mark Polsky has been practicing since 1987 after earning his J.D. from Hofstra Law School in 1986. He serves as President of the Nassau County Bar Association Workers' Compensation Committee. Donald Shouldice joined the New York bar in 1992 and serves on the Board of Directors of the Workers' Compensation Alliance, where he focuses on legislative advocacy for injured workers. Adam Rosen became a partner at the firm in 2000, is admitted to practice in both New York and Maryland, and chairs the Nassau County Bar Association Workers' Compensation Committee.
Hearing-Tested Representation
Construction claims often involve disputes over the cause of injury, the extent of impairment, and the worker's ability to return to the trade. Our workers compensation lawyer in Brooklyn, NY has handled hundreds of hearings and trials across New York and developed approaches that hold up against carrier defenses. We have handled Brooklyn injury claims for decades, in construction and across other industries.
Understanding Construction Accident Cases
Benefits, Liability, and Compensation in Construction Accident Cases
Construction accident cases in New York typically run through the workers' compensation system. The system is no-fault, which means an injured worker doesn't need to prove the employer did anything wrong to receive benefits. The trade-off is that workers' compensation generally limits the kinds of damages available compared to a personal injury lawsuit. Key benefit categories include the following.
- Medical care covers all reasonable and necessary treatment for the work injury.
- Lost wage benefits replace a portion of average weekly earnings up to a statutory maximum set by state law.
- Schedule loss of use awards provide compensation for permanent partial impairment to body parts like arms, hands, legs, and feet.
- Classification awards cover non-schedule permanent disability involving the back, head, or systemic conditions.
- Death benefits go to surviving spouses, dependent children, and certain other dependents.
- Vocational rehabilitation benefits may be available for workers who cannot return to their prior trade.
A separate negligence claim may exist alongside the workers' compensation case in certain situations. Property owners, general contractors, and equipment manufacturers can sometimes share legal responsibility for a construction injury under New York law. We focus on the workers' compensation side and coordinate with other counsel when pursuing additional compensation is part of the strategy.
What Are Important Aspects of a Construction Accident Case?
Strong claims usually share a few features in common. Prompt reporting, consistent medical care, and a clear connection between the accident and the resulting symptoms all play a role.
- Tell your supervisor about the injury as soon as it happens, and follow up in writing.
- Seek medical attention from a provider authorized by the New York Workers' Compensation Board.
- Hold onto every piece of paperwork from your employer, the carrier, and your doctors.
- Track each missed day of work and each medical appointment in a personal log.
- Be careful about giving recorded statements to the carrier before you talk with an attorney.
- Talk to a workers' compensation attorney before signing any settlement documents from the carrier.
What Is the Construction Accident Case Timeline?
Construction accident claims move through several predictable stages, though the speed of each step varies. A typical case follows this rough sequence:
- The injured worker receives initial medical care and reports the injury to the employer.
- The C-3 claim form is filed with the Workers' Compensation Board within the statutory deadline.
- The carrier either accepts the claim or files a notice of controversy contesting it.
- Both sides exchange medical reports and may conduct depositions of treating physicians.
- A Workers' Compensation Law Judge holds hearings to address indemnity benefits, treatment, and permanency.
Many claims resolve within a year. Cases involving surgery, significant permanent injury, or appeals can extend the claim process well beyond that timeframe. Some matters are resolved through lump-sum settlements that close out future benefits in exchange for an upfront payment.
What Should You Bring to Your Construction Accident Consultation?
The first meeting works best when you bring the documents that support what happened. Items that help us evaluate your situation quickly include the following:
- Any incident reports or written notice you submitted to your employer
- Hospital records, treatment notes, and prescriptions from after the injury
- Pay stubs and any short-term disability paperwork you've received
- Letters and emails from the insurance carrier or its representatives
During the initial consultation, we'll discuss your situation, walk through how the workers' compensation system applies to your case, and outline what to expect next. There is no obligation to retain the firm after the meeting.
What Are Important New York Legal Resources for Construction Accident Cases?
Several New York statutes and agencies shape how workers' compensation claims play out for construction injuries. The resources below offer a starting point for understanding the framework that applies.
- The Workers' Compensation Board administers all workers' compensation claims and oversees hearings, benefit schedules, and appeals.
- Under Workers' Compensation Law §28, the statute of limitations for filing a claim is generally two years from the date of accident, with separate timing rules for occupational diseases.
- The OSHA construction page covers federal workplace safety standards that apply to job sites across the country.
- BLS injury statistics report data on fatal and non-fatal injuries across construction and other industries.
These resources offer general information only. The application of any specific rule depends on the facts of your individual case.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
If you were hurt at a construction site anywhere in Brooklyn, talking with a workers' compensation attorney early gives you the best chance of avoiding mistakes that can cost you benefits. Our firm offers free initial consultations and represents injured workers throughout New York. Contact us to schedule a time to discuss your case with one of our attorneys.
Construction Accident Statistics in Brooklyn
The New York City Department of Buildings tracks every incident, injury, and death at building construction sites under its jurisdiction and publishes the results by borough. Its 2025 Construction Safety Report shows Brooklyn as the second-busiest borough for construction injuries in the city, behind Manhattan, and the borough where inspectors issued the most stop work orders and violations. Those enforcement numbers matter to an injured worker, because a violation on the same site often becomes evidence in a later claim.
The department counts only building construction work, not road, bridge, or transit projects. Brooklyn's subway, highway, and utility injuries fall outside these figures, so the borough's true injury count is higher than the report shows.
- Brooklyn recorded 124 building construction-related incidents, 77 worker injuries, and 3 worker deaths in 2025, down from 232 incidents, 155 injuries, and 2 deaths in 2024.
- Inspectors issued 3,048 stop work orders and 20,436 violations at Brooklyn sites in 2025, more than in any other borough and up from 2,293 stop work orders the year before.
- Citywide, 432 incidents produced 320 injuries and 10 deaths in 2025, and falls remained the leading cause of both injuries and fatalities for another year.
- Brooklyn issued 41,718 construction permits in 2025, second only to Manhattan.
- The department publishes monthly incident reports listing each construction injury by address, which a Brooklyn construction accident lawyer uses to confirm whether an incident was reported at all.
Factors That Affect the Outcome of Your Construction Accident Case
Two Brooklyn workers can suffer the same injury on the same day and have very different experiences filing for workers’ compensation. The factors below are what a construction accident attorney in Brooklyn, NY addresses before the first hearing.
- Whether the injury was reported within 30 days. New York law requires written notice to the employer within 30 days of the accident. Late notice can be excused when the employer already knew about the injury, but a carrier will raise the issue at the first opportunity.
- Your average weekly wage. Wage replacement is calculated from your earnings in the year before the injury. Overtime, a second job, and union scale all change the figure.
- The medical record. The treating doctor's reports establish the degree of disability, and the carrier's consultant will often disagree. What happens when doctors disagree is decided by a Workers' Compensation Law Judge weighing both opinions, so the quality of your doctor's reporting controls the outcome.
- The carrier's independent medical examination. An IME report finding no disability is the most common reason benefits stop. The day the insurance doctor says you are fine is the day the case turns into a contested hearing.
- Prior injuries to the same body part. A carrier will argue that a back or shoulder problem existed before the accident. Pre-existing injuries do not bar a claim, but they change how the medical evidence has to be presented.
- Whether the injury is permanent. A fracture that heals is paid differently from a spinal injury that does not. Permanent disability findings determine whether you receive a scheduled loss of use award or a classification with ongoing benefits.
- Your employment status on the site. Workers paid in cash, labeled independent contractors, or working without documentation are still covered in most circumstances, and the carrier knows it. Working off the books complicates proof of wages, not eligibility.
- Whether a third party is responsible. A general contractor, property owner, or equipment manufacturer may face a separate negligence claim in addition to the workers' compensation case. The legal options in that situation include damages that workers' compensation does not pay.
- How and when the case settles. A Section 32 settlement closes the claim for a lump sum. Accepting one before the extent of permanent injury is known trades future medical coverage for money that may not last.
Brooklyn Construction Accident Lawyer FAQs
How much does a construction accident lawyer in Brooklyn cost?
You pay nothing up front. In New York workers' compensation cases, attorney fees are set and approved by the Workers' Compensation Board and paid out of the benefits awarded, and the question of whether you must pay up front has a plain answer: no. The consultation is free.
Am I suing my employer by filing a claim?
No. A workers' compensation claim is a request for insurance benefits, not a lawsuit against your boss. Filing a case does not mean you are suing your job, and New York law prohibits retaliation for filing.
Can I choose my own doctor?
Yes, as long as the doctor is authorized by the Workers' Compensation Board. Whether you can see a doctor you choose is one of the first questions injured workers ask, and the answer favors the worker.
Does it matter if the accident was my fault?
No. Workers' compensation is a no-fault system, and it does not matter if the injury is your fault unless intoxication or an intent to injure yourself was the sole cause.
I was working without papers. Can I still file?
Yes. Immigration status does not affect eligibility for workers' compensation in New York. What happens when an undocumented worker is injured on a Brooklyn site is the same claim process every other worker goes through.
My checks stopped without explanation. What happened?
A carrier can suspend payments after an IME, a missed appointment, or a dispute over your work status. When workers' comp checks suddenly stop, a hearing request is usually the fastest way to restart them.
Where are Brooklyn hearings held?
Most hearings are held by video. In-person hearings for Brooklyn claims take place at the Workers' Compensation Board's Brooklyn District Office at One Pierrepont Plaza, and a Brooklyn, NY construction accident attorney from our firm appears at either.
Can I also sue the general contractor?
In many construction cases, yes. New York law allows a negligence claim against an owner or contractor that controlled the site, separate from the workers' compensation case against your employer's carrier.
What if my employer says I was an independent contractor?
The label on your paycheck does not decide the question. The Board looks at who controlled the work, and New York independent contractors on construction sites are frequently found to be employees for compensation purposes.
What is the biggest mistake injured construction workers make?
Waiting. The first 48 hours after an injury are when the report is made, the doctor is seen, and the witnesses are still on the site.
Important Resources for Brooklyn Construction Accident Cases
Local Court Resources for Brooklyn Construction Accident Cases
Construction accident lawsuits in Brooklyn are typically filed in one of a few courts, depending on the amount of damages sought and whether federal jurisdiction applies. Knowing where a case will be heard, and how to reach the courthouse handling it, can help injured workers and their families follow their case through the legal process. Below are the primary courts that handle construction accident and personal injury matters in Brooklyn.
- Kings County Supreme Court, Civil Term – Handles personal injury lawsuits, including construction accident claims, seeking damages above $50,000.
- Civil Court of the City of New York, Kings County Branch – Hears civil claims up to $50,000, including smaller personal injury matters and Small Claims Court cases.
- United States District Court, Eastern District of New York – Hears federal civil cases arising in Kings County, including construction accident claims involving federal property, government contractors, or parties from different states.
What Are Important Local Resources for Brooklyn Construction Accident Cases?
The organizations below handle the medical care, the claim filing, and the site investigation that follow a Brooklyn construction injury.
- The Workers' Compensation Board Brooklyn District Office at One Pierrepont Plaza, 300 Cadman Plaza West, holds in-person hearings by appointment and accepts claim filings. (877) 632-4996.
- Maimonides Medical Center, 4802 Tenth Avenue, operates Brooklyn's Level I adult trauma center and treats many of the borough's serious job-site injuries. (718) 283-6000.
- The NYC Department of Buildings investigates construction incidents and publishes its safety reports and violation data. Site complaints are filed through 311.
Polsky, Shouldice & Rosen, P.C. does not endorse these organizations, and none of them endorses our firm. They are listed for informational purposes only.
About Polsky, Shouldice & Rosen, P.C.
Mark Polsky earned his undergraduate degree at Brandeis University in 1982 and has received a Humanitarian Award for his work with union members and a citation from the Town of Hempstead, and he judges and contributes to a scholarship program for union families. Donald Shouldice, a University of Pennsylvania graduate who earned his J.D. at the University of Miami in 1991, meets regularly with legislators in Albany to strengthen workers' compensation protections. Adam Rosen is an Ohio University graduate who earned his J.D. at Hofstra in 1995. He educates workers about their rights at union meetings, churches, and community centers across the city. All three partners practice workers' compensation law exclusively, and every consultation is free.
What Our Clients Say
★★★★★
"Cannot say enough about this firm and how they handled my workman's compensation injury and claim. Adam Rosen was friendly, compassionate and committed to my case and ensured I got a fair settlement. Everyone in the office was welcoming and every phone call and question was answered quickly and efficiently. If you are unfortunate enough to be injured at work, you need a firm and people like this in your corner." – Kevin Klein
Read more reviews on our Google Business Profile.
Additional Resources for Brooklyn Construction Accident Cases
- The Fatal Four in Construction Explained
- What Are Common Construction Accident Causes?
- Questions to Ask Your Construction Accident Lawyer
- When Job Sites Become Dangerously Hot
- Determining Fault in a Construction Accident
Contact Polsky, Shouldice & Rosen, P.C.
If you were hurt on a Brooklyn job site, the carrier has already assigned an adjuster to your claim. A construction accident lawyer in Brooklyn from our firm will review the accident, the medical treatment, and the wage records at no charge. No fee is due up front. Our phones are answered 24 hours a day, and our Brooklyn office at 300 Cadman Plaza West sits in the same building as the Workers' Compensation Board's district office. Contact us to schedule a free consultation.
