What a construction accident attorney does, and when you need one
A construction accident attorney represents workers or bystanders injured on construction sites in Brooklyn. They handle the paperwork, negotiate with insurance companies, and decide whether to settle or file a lawsuit. You need one if you've been injured on a construction site and the property owner, contractor, or equipment manufacturer might be responsible—which is true in most cases where someone gets hurt.
The decision to hire is not about whether you were injured. It's about whether someone else's negligence caused it. If you slipped on a wet floor that wasn't marked, or a crane operator didn't follow safety rules, or scaffolding was installed wrong, an attorney can tell you whether you have a case worth pursuing. If you were following orders and got hurt anyway, you likely do.
Construction accidents in New York are governed by specific laws. The state's Labor Law sections 200, 240, and 241 impose strict liability on contractors and property owners for certain injuries—meaning they can be held responsible even if they weren't directly negligent. An attorney who knows these statutes can identify claims you wouldn't spot yourself.
Key Takeaways
- Construction accident cases in New York are subject to Labor Law sections 200, 240, and 241, which create liability for contractors and property owners in ways that differ from ordinary negligence claims.
- You have three years from the date of injury to file a lawsuit in New York, but evidence degrades and witnesses move, so contacting an attorney within months is more practical.
- Most construction accident attorneys work on contingency, meaning they take a percentage of your settlement or judgment instead of charging upfront fees.
- Brooklyn construction sites fall under New York State law, not federal OSHA rules alone, and an attorney familiar with state-specific statutes will recover more than one who doesn't.
- Insurance companies have adjusters and lawyers on staff; representing yourself against them puts you at a disadvantage even if your case is strong.
How New York's construction liability laws work differently
New York Labor Law Section 240, often called the "Scaffold Law," holds contractors and property owners strictly liable for injuries caused by improper scaffolding, ladders, lifts, or other elevation equipment. This means you don't have to prove the contractor was careless—only that the equipment failed or was used unsafely. Section 241 extends this to any violation of industrial safety codes. Section 200 covers injuries caused by negligent maintenance of the site itself.
These statutes exist because construction is inherently dangerous and workers have little control over site conditions. They shift responsibility to the people who hire contractors and own the property. A contractor in Brooklyn cannot straightforward say "the worker should have been more careful." If the law was violated, liability attaches.
An attorney who understands these statutes will identify claims that a general personal injury lawyer might miss. For example, if you fell from a height, a non-construction specialist might frame it as "the worker was careless." A construction attorney will examine whether the fall protection equipment met code, whether the contractor trained you on its use, and whether the property owner supervised the work—each of which creates separate liability under Labor Law.
What happens in the first meeting with a construction attorney
In your first meeting, the attorney will ask for a detailed account of what happened: what you were doing, what equipment or conditions caused the injury, who was present, and what injuries resulted. Bring any documents: your employment contract, pay stubs, medical records, photos of the site, and any written incident report the contractor filed.
The attorney will also ask about your medical treatment and prognosis. Construction accident damages include past medical bills, future medical care, lost wages, and pain and suffering. The more serious the injury and the longer your recovery, the higher the potential value of the case. An attorney cannot tell you a dollar amount at this stage—that depends on negotiation and, if necessary, a jury's decision—but they can explain what categories of damage explore to your situation.
Most construction accident attorneys in Brooklyn work on contingency. This means they take a percentage of what you recover—typically 25 to 33 percent—and you pay nothing upfront. If you don't recover, they don't get paid. This arrangement aligns the attorney's incentive with yours: they only make money if you do.
The timeline from injury to settlement or trial
You have three years from the date of injury to file a lawsuit in New York. This is the statute of limitations. However, this important date is not a reason to wait. Evidence disappears, witnesses move away or forget details, and the longer you delay, the weaker your case becomes. Most attorneys recommend contacting them within three to six months of the injury.
After you hire an attorney, they will send a demand letter to the contractor's insurance company, usually within a few months. This letter outlines your injuries, medical treatment, lost wages, and the legal basis for liability. The insurance company will investigate and make an offer, often lower than what you're may have access to to. Negotiation typically takes three to six months.
If you and the insurance company reach a settlement, the case closes. If not, your attorney will file a lawsuit in Brooklyn Supreme Court. Discovery—the exchange of documents and depositions—takes six months to a year. Trial, if necessary, may not occur for another year or more. Most cases settle before trial, but you should hire an attorney prepared to go to trial if the insurance company won't offer fair value.
Red flags when choosing a construction accident attorney
Avoid attorneys who may provide a specific dollar amount or promise you'll win. No honest attorney can make these promises. Construction accident cases vary widely based on injury severity, your age and earning capacity, and the specific facts. An attorney who guarantees an outcome is either inexperienced or dishonest.
Be wary of attorneys who pressure you to settle quickly. Insurance companies often make low initial offers, hoping you'll accept before you understand your case's value. A good attorney will explain why an offer is too low and be willing to negotiate or litigate rather than rush you into a bad deal.
Check whether the attorney has experience with construction accidents specifically, not just general personal injury. Construction law in New York is specialized. An attorney who handles car accidents and construction cases equally is less likely to know the Labor Law statutes that could double or triple your recovery.
Ask how many construction accident cases they've handled and how many went to trial. An attorney who has never tried a case has little leverage in negotiation—insurance companies know they won't fight. You want someone with trial experience, even if your case settles.
What you'll need to provide to your attorney
Your attorney will need documents that establish what happened and how you were injured. Bring your employment contract, any safety training records, and your pay stubs for the past year (to calculate lost wages). If the contractor filed an incident report, get a copy. If you filed a workers' compensation claim, provide that paperwork too.
Medical records are critical. Obtain records from every doctor, hospital, or physical therapist you've seen since the injury. These documents prove the extent of your injuries and the cost of treatment. If you're still in treatment, your attorney will update these records as your case progresses.
Photos or video of the accident scene, if they exist, are valuable. If you took photos after the injury, share them. If a coworker or bystander recorded video, try to get a copy. These images show the conditions that caused the accident and can be powerful evidence.
Finally, write down the names and contact information of anyone who witnessed the accident. Eyewitness testimony is often decisive. Your attorney will contact these witnesses and take their statements.
How construction accident cases differ from workers' compensation
If you were injured on a construction site in Brooklyn, you may be may have access to to both workers' compensation and a third-party lawsuit. Workers' compensation is a no-fault system: you receive benefits regardless of who caused the accident, but you cannot sue your employer. However, you can sue the contractor, property owner, equipment manufacturer, or other third parties whose negligence contributed to your injury.
Workers' compensation covers medical bills and a portion of lost wages, but the benefits are capped and do not include pain and suffering damages. A third-party lawsuit can recover all of these, plus compensation for your pain, suffering, and permanent disability. Many construction accident cases are worth far more through a lawsuit than through workers' compensation alone.
Your attorney will coordinate with your workers' compensation claim. In some cases, the workers' compensation insurer has a lien on your settlement—meaning they can recover some of what they paid you from the money you receive in the lawsuit. Your attorney will negotiate this lien to minimize what you have to repay.
Questions to ask a construction accident attorney before hiring
Ask whether they have handled cases involving your specific type of injury and the type of contractor or equipment involved. A fall from scaffolding is different from an electrocution or a crane accident. Experience with your particular scenario matters.
Ask how they charge. Confirm that they work on contingency and what percentage they take. Ask whether they advance costs (investigation, informed witnesses, court filing fees) or whether you pay these out of pocket. Most reputable attorneys advance costs and recover them from your settlement.
Ask about their track record. How many construction accident cases have they settled? How many have they tried? What was the average settlement or verdict amount? An attorney should be able to give you rough numbers, adjusted for the severity of injuries in each case.
Ask who will handle your case. If you're meeting with a partner or senior attorney, will they personally work on your file, or will an associate take over? Larger firms sometimes assign cases to junior attorneys with less experience. Clarify this upfront.
Frequently Asked Questions
Do I have to hire an attorney, or can I handle a construction accident case myself?
You can represent yourself, but you will almost certainly recover less. Insurance companies have teams of adjusters and lawyers. They know the law better than you do and will exploit any mistake you make. Construction accident law in New York is specialized; a mistake in framing your claim under Labor Law can cost you tens of thousands of dollars.
What if I was partly at fault for the accident?
New York uses comparative negligence. Even if you were partly responsible, you can still recover damages, reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $100,000, you recover $80,000. An attorney can argue that your fault was minimal and the contractor's was primary, which directly affects your recovery.
How much does it cost to hire a construction accident attorney?
Most work on contingency, so there is no upfront fee. They take a percentage of your settlement or judgment, typically 25 to 33 percent. You may pay court filing fees and costs for informed witnesses, but many attorneys advance these and recover them from your settlement. Ask about this arrangement before you hire.
What if the contractor goes out of business or doesn't have insurance?
The property owner is often liable even if the contractor is judgment-proof. Additionally, New York requires contractors to carry liability insurance. Your attorney will investigate all potentially responsible parties and their insurance coverage. In some cases, the property owner's insurance will cover the contractor's negligence.
How long does a construction accident case usually take?
Settlement negotiations typically take three to six months. If the case goes to trial, add another one to three years. Most cases settle before trial. Your attorney can give you a better estimate once they understand the specific facts and the insurance company's initial response.