Are you looking for a construction accident lawyer in New York?
Polsky, Shouldice & Rosen, P.C. representation is grounded in over 30 years of work on behalf of clients across New York.
If you've been hurt on a construction site in New York, Polsky, Shouldice & Rosen, P.C. offers free consultations, and we represent injured workers without any upfront cost to you. Our attorneys have handled construction-related workers' compensation claims since the 1980s and 1990s, and that history shapes how we evaluate every new case.
Scaffolding, heavy machinery, and multi-story worksites create risks that don't exist in a typical job. Some workers are hurt in a single fall or equipment failure. Others develop injuries from repeated physical strain over years on the job. Our New York construction accident lawyer represents injured workers exclusively, and has done so for over three decades. We're direct with clients about what a case is realistically worth from the start. Contact us to talk about what happened on the job.
New York Construction Accident Lawyer
A construction accident lawyer represents workers hurt on job sites where falls, heavy equipment, and structural hazards create risks well beyond a typical workplace. These claims usually move through the workers' compensation system, though a separate claim against a negligent third party, such as a property owner or equipment manufacturer, sometimes applies. A construction accident attorney's first task is often identifying every party connected to the site, not just the direct employer, since more than one company is often involved.
Construction work accounted for 50 of New York State's 217 workplace fatalities in 2024, the highest share of any industry at 23 percent, according to the Bureau of Labor Statistics. A construction accident attorney in New York sees this pattern firsthand, since the industry consistently accounts for more workplace deaths than any other sector statewide.
Types of Construction Accident Cases We Handle in New York
Construction workplace accidents take different forms depending on the type of work and the hazards involved on a given site. A construction accident lawyer's approach often depends on which of these hazards actually caused the injury, since that determines which parties bear responsibility. Below are the case types we handle most often for workers across New York.
- Falls from heights. Falls remain the leading cause of construction fatalities statewide, and they happen from scaffolding, ladders, roofs, and unprotected floor openings.
- Scaffolding accidents. A collapsed or improperly secured scaffold can cause severe injuries to everyone working on or near it, and liability often extends beyond the immediate employer.
- Equipment and machinery accidents. Malfunctioning or poorly maintained construction equipment, from power tools to heavy machinery, causes construction site accident injuries on a job site.
- Crane accidents. Crane accidents occur for a range of reasons, from mechanical failure to operator error, and the resulting injuries are often catastrophic.
- Electrocution and electrical accidents. Contact with live wires or improperly grounded equipment poses a constant risk on active construction sites.
- Trench and excavation collapses. Unsupported trenches can collapse suddenly and without warning, and workers inside face a risk of crushing injuries or worse.
- Struck-by accidents. Falling tools, materials, and debris injure workers on construction sites regularly, particularly on multi-level projects where work happens above ground crews.
Why Choose Polsky, Shouldice & Rosen, P.C. as my Construction Accident Lawyer in New York?
Advocacy That Shapes Statewide Policy
Donald Shouldice has practiced workers' compensation law exclusively since 1992, earning his J.D. from the University of Miami. As a workplace injury lawyer in New York, he sits on the Board of Directors of the Workers' Compensation Alliance and regularly meets with legislators in Albany to advocate for stronger protections for injured workers across the state, not just in any single region. That statewide legislative involvement shapes how the firm approaches construction cases from Buffalo to Long Island.
Decades of Recognized Service
Mark Polsky has practiced workers' compensation law exclusively since 1987, earning his J.D. from Hofstra Law School. He received a Humanitarian Award for his contributions to union members and the community, along with a citation from the Town of Hempstead for his service to working families throughout the region. That decades-long involvement with union members gives the firm particular insight into the concerns construction workers raise most often.
Understanding Construction Accident Cases
Damages, Liability, and Compensation for Construction Accident Cases
Construction site accident claims in New York can involve both the workers' compensation system and, in certain cases, a separate legal claim, and understanding which applies matters from the start.
- Workers' compensation is a no-fault system, so an injured construction worker generally doesn't need to prove the employer acted negligently to receive benefits
- A workers' compensation claim in New York must generally be filed within two years of the accident, or two years after death if the injury proves fatal
- When a property owner, general contractor, or equipment manufacturer other than the direct employer contributed to the accident, a separate negligence or product liability claim against that party is sometimes available
- New York's general personal injury statute of limitations gives an injured person three years from the date of the accident to file that separate claim
- Workers' compensation benefits typically cover medical treatment and a portion of lost wages, while a third-party claim can also recover for pain and suffering and other non-economic losses
- New York follows a comparative negligence approach in third-party claims, meaning a worker's own partial fault reduces, but doesn't necessarily eliminate entirely, their recovery
What Are Important Aspects of a Construction Accident Case?
A few details tend to shape how a construction accident claim develops. Site safety records and prior inspection history often matter, since a documented pattern of hazards points toward a different set of responsible parties than an isolated, unforeseeable failure. Witness accounts from coworkers carry real weight on a construction site, since falls and equipment failures frequently happen too fast for the injured worker to explain everything that occurred. And when a third party, such as a subcontractor or equipment supplier, may share responsibility, preserving physical evidence from the scene becomes important before conditions change or equipment gets moved. A construction accident lawyer who moves quickly can often prevent that evidence from disappearing.
What Is the Construction Accident Case Timeline?
Most construction accident cases move through a similar general sequence, though the pace depends on the severity of the injury and whether a third-party claim applies. A straightforward claim can resolve within months, while a contested case involving a third-party manufacturer or general contractor often takes considerably longer to work through.
- Initial consultation and case evaluation
- Filing the workers' compensation claim and reporting the injury to the employer
- Medical treatment and documentation of the injury's severity
- Hearings before a workers' compensation law judge, if the claim is contested
- Pursuing a separate third-party claim, if one applies, through negotiation or litigation
What Should You Bring to Your Construction Accident Consultation?
Coming prepared helps us evaluate your case accurately from the first meeting. Bringing what you have, even if the list feels incomplete, is enough to start a productive conversation. Consider bringing the following.
- Any construction accident report or incident report filed with your employer or site supervisor
- Medical records and bills related to the injury
- Photographs of the site, equipment, or conditions involved, if you have them
- Contact information for any coworkers who witnessed the accident
- Any correspondence you've received from a workers' compensation insurance carrier
Most consultations work through these details and outline what filing or appealing your claim would involve. A construction accident attorney can usually tell you within that first meeting whether a third-party claim exists alongside the workers' compensation piece.
New York Construction Sites and Local Resources
Workers' compensation claims across New York are handled through the Workers' Compensation Board's offices, which maintain locations throughout the state rather than a single central office, since the exact office that handles a given claim depends on where the injured worker lives or where the accident occurred.
Workplace safety concerns can be reported to any of OSHA's New York area offices, which cover regions from Buffalo and Syracuse to Albany and Long Island, and public-sector construction workers can find additional protections through the state's safety and health division.
Workers researching statewide construction fatality trends can also review reporting from NYCOSH, a nonprofit that tracks construction deaths and safety violations across the state.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
A fall from scaffolding or a crushed limb under heavy equipment changes what a family can handle financially, often overnight. We offer free consultations and represent injured workers on a no-upfront-cost basis, and we respond quickly once you reach out. There's no obligation attached to that first conversation. Contact us to talk through your case and what comes next.
