ConstructionAccident Injuries

Construction accidents cause catastrophic injuries, permanent disabilities, and wrongful deaths throughout New York and New Jersey. Workers face falls from heights, electrocutions, equipment malfunctions, and collapsing structures resulting in traumatic brain injuries, spinal cord damage, amputations, and fatal injuries. Understanding your legal rights under New York Labor Law and pursuing full compensation requires experienced construction accident representation.

At the Law Offices of Matthew Cohan, we represent injured construction workers and their families throughout New York and New Jersey, including New York City, Long Island, the Hudson Valley, Western New York, upstate New York, and all of New Jersey. We understand the devastating impact of construction injuries and work to hold negligent parties accountable while securing maximum compensation.

Understanding Construction Accident Claims in New York

New York provides some of the strongest protections for construction workers in the nation through Labor Law Sections 200, 240(1), and 241(6). These statutes impose heightened duties on property owners, general contractors, and their agents, creating liability even when workers may have contributed to accidents.

New York Labor Law § 240(1) (The Scaffold Law)

Labor Law § 240(1) is an absolute liability statute protecting workers injured in elevation-related accidents. This law applies to construction, demolition, excavation, repair, and related work.

Covered accidents:

• Falls from heights (ladders, scaffolds, roofs, elevated work platforms)
• Injuries from falling objects (tools, materials, debris falling from above)
• Hoisting and rigging accidents
• Failure of safety devices (harnesses, lifelines, guardrails)

Strict liability: When Labor Law § 240(1) applies, property owners and general contractors are strictly liable regardless of their direct involvement or the worker's comparative negligence. The only defense is that the worker was the sole proximate cause of the accident through actions completely unrelated to the absence of safety devices.

Who is protected: Workers engaged in covered activities including construction, demolition, repair, alteration, painting, and cleaning of buildings or structures.

Who is liable: Property owners, general contractors, and their agents (but not workers' direct employers, who are protected by workers' compensation exclusivity).

Recoverable damages: Full compensatory damages including past and future medical expenses, lost earnings, lost earning capacity, pain and suffering, and loss of enjoyment of life.

New York Labor Law § 241(6)

Labor Law § 241(6) requires property owners, contractors, and their agents to comply with specific safety rules and regulations promulgated by the Commissioner of the Department of Labor.

Covered work: Construction, excavation, and demolition work.

Violation required: To establish liability, plaintiffs must prove violation of a specific, concrete Industrial Code provision (not merely general safety standards).

Common violations:

• Scaffolding violations (12 NYCRR § 23-5.1 et seq.)
• Fall protection violations (12 NYCRR § 23-1.7, 23-5.18)
• Tripping and falling hazards (12 NYCRR § 23-1.7)
• Inadequate protection of passersby from falling objects (12 NYCRR § 23-3.3)
• Unsafe demolition practices (12 NYCRR § 23-3.2)
• Inadequate guarding of openings and excavations (12 NYCRR § 23-1.7)

Causation required: Unlike § 240(1), comparative negligence defenses are available under § 241(6). However, property owners and contractors still bear the non-delegable duty to comply with Industrial Code requirements.

New York Labor Law § 200

Labor Law § 200 is a codification of common law negligence principles requiring property owners and general contractors to provide reasonably safe work sites.

Two theories of liability:

Supervision and control: When owners or contractors supervise or control the work, they may be liable for directing unsafe work methods or failing to ensure safe practices.

Premises liability: When owners or contractors own, occupy, or control the premises, they may be liable for dangerous conditions of which they had actual or constructive notice.

Burden of proof: Unlike § 240(1), plaintiffs must prove negligence and causation. Comparative negligence defenses are available.

Common scenarios:

• Dangerous premises conditions (uneven surfaces, debris, inadequate lighting)
• Defective equipment provided by property owners or general contractors
• Inadequate safety protocols or training
• Failure to remedy known dangerous conditions

Construction Accident Claims in New Jersey

New Jersey construction workers are protected under different statutory and common law frameworks than New York.

Workers' Compensation Exclusivity

New Jersey's workers' compensation system provides exclusive remedy against employers for workplace injuries, barring negligence lawsuits against employers.

Benefits available:

• Medical treatment for work-related injuries
• Temporary disability benefits (70% of average weekly wage, subject to maximums)
• Permanent disability benefits
• Vocational rehabilitation
• Death benefits for surviving dependents

Third-Party Liability Claims

When construction accidents involve parties other than the worker's direct employer, third-party personal injury lawsuits may be pursued.

Common third-party defendants:

• Property owners
• General contractors (when not the worker's employer)
• Subcontractors
• Equipment manufacturers and suppliers
• Architects and engineers whose negligent design caused accidents
• Other trades whose negligence caused injuries

Recoverable damages: Full compensatory damages including economic losses (medical expenses, lost wages, lost earning capacity) and non-economic losses (pain and suffering, loss of enjoyment of life).

New Jersey Construction Safety Standards

While New Jersey lacks Labor Law § 240(1) equivalent, property owners and contractors owe duties under:

• New Jersey Scaffold Law (N.J.S.A. 34:5-180 et seq.) requiring adequate scaffolding and safety devices
• OSHA regulations establishing minimum safety standards
• Common law negligence principles
• Contractual safety obligations

Common Causes of Construction Accidents

Falls from Heights

Falls are the leading cause of construction deaths and catastrophic injuries.

Common scenarios:

• Ladder falls from inadequate securing, improper placement, or defective ladders
• Scaffold collapses from improper assembly, overloading, or missing components
• Roof falls from lack of edge protection or fall arrest systems
• Aerial lift accidents from tip-overs or ejection
• Unprotected floor openings or excavations
• Falls through skylights or fragile roofing materials
• Stairwell falls during construction before railings installed

Required protections: OSHA and state regulations require fall protection at heights of six feet (general industry) or through use of guardrail systems, safety nets, or personal fall arrest systems.

Falling Object Accidents

Tools, materials, and debris falling from above cause traumatic brain injuries, spinal injuries, and deaths.

Common scenarios:

• Tools dropped from scaffolds or elevated platforms
• Building materials falling during hoisting operations
• Debris falling during demolition
• Failure to barricade areas below elevated work
• Inadequate toe boards or netting on scaffolds
• Objects knocked loose by wind or vibration

Required protections: Toe boards, debris nets, barricades, and exclusion zones protect workers below elevated work areas.

Electrocution and Electrical Hazards

Contact with live electrical wires, faulty equipment, or inadequate grounding causes severe burns, cardiac arrest, and death.

Common scenarios:

• Contact with overhead power lines during crane, boom lift, or scaffolding operations
• Defective power tools or equipment
• Inadequate ground-fault circuit interrupters (GFCIs)
• Exposed wiring in buildings under construction
• Work on energized circuits without proper lockout/tagout
• Contact with underground utilities during excavation

Required protections: OSHA requires maintaining safe distances from power lines, GFCI protection, proper grounding, and lockout/tagout procedures.

Crane and Hoisting Accidents

Crane collapses, load drops, and struck-by accidents cause catastrophic injuries and multiple fatalities.

Common scenarios:

• Crane collapses from overloading, improper assembly, or structural failure
• Load drops from defective rigging, improper securing, or operator error
• Workers struck by swinging loads
• Electrocution from contact with power lines
• Crushing injuries during lifting operations

Required protections: Certified operators, proper load calculations, adequate rigging, inspection protocols, and signaling procedures.

Trench and Excavation Collapses

Cave-ins and collapses trap and suffocate workers, causing deaths and crush injuries.

Common scenarios:

• Unprotected excavations deeper than five feet
• Inadequate shoring or sloping
• Failure to inspect trenches after rain or soil changes
• Inadequate egress (access ladders)
• Water accumulation in excavations
• Soil or equipment stored too close to excavation edges

Required protections: OSHA requires protective systems (shoring, sloping, shielding) for excavations five feet or deeper, competent person inspections, and safe means of egress.

Defective Equipment and Machinery

Malfunctioning tools, equipment failures, and missing safety guards cause amputations, crush injuries, and deaths.

Common scenarios:

• Power tool malfunctions (saws, drills, nail guns)
• Forklift and heavy equipment accidents
• Missing or disabled safety guards on machinery
• Hydraulic system failures
• Defective personal protective equipment

Liability: Equipment manufacturers may be liable under products liability theories for design defects, manufacturing defects, or failure to warn.

Struck-By Accidents

Workers struck by vehicles, equipment, or moving objects suffer severe injuries and fatalities.

Common scenarios:

• Struck by construction vehicles (dump trucks, concrete mixers, excavators)
• Struck by swinging equipment (backhoe arms, excavator buckets)
• Struck by falling materials during loading/unloading
• Struck during demolition operations

Required protections: High-visibility clothing, barricades, spotters, and traffic control plans.

Building and Structure Collapses

Structural failures during construction or demolition cause multiple casualties and catastrophic injuries.

Common scenarios:

• Premature removal of structural supports
• Overloading of partially completed structures
• Demolition accidents from inadequate bracing
• Scaffold collapses from overloading or instability
• Concrete form failures