What a construction accident attorney does, and when you need one
A construction accident attorney in New York City represents workers or bystanders injured on building sites. They handle the paperwork, negotiate with insurance companies, and argue your case if it goes to court. You need one when an injury is serious enough that medical bills, lost wages, or permanent damage will cost more than a few thousand dollars—or when the property owner, contractor, or equipment manufacturer disputes who caused the accident.
New York has specific rules about construction site liability. The property owner, the general contractor, and sometimes the equipment maker can all be held responsible, depending on what went wrong. An attorney knows which party to pursue and what evidence matters. They also know the difference between a workers' compensation claim (which is faster but pays less) and a personal injury lawsuit (which takes longer but can pay more if negligence is proven).
Most construction accident attorneys in New York work on contingency, meaning they take a percentage of what you win or settle for—usually 25 to 33 percent—rather than charging you upfront. If you lose, you owe them nothing. This means they only make money if you do.
Key Takeaways
- Construction accident attorneys in New York handle cases where negligence by a property owner, contractor, or equipment maker caused your injury.
- You can pursue both a workers' compensation claim (faster, lower payout) and a personal injury lawsuit (slower, higher payout if negligence is proven) in many situations.
- Most attorneys work on contingency, taking 25 to 33 percent of your settlement or judgment, with no upfront cost to you.
- The first step is a consultation where the attorney reviews your medical records, the accident report, and witness statements to decide whether your case is worth pursuing.
- New York has a three-year statute of limitations for construction accident lawsuits, meaning you must file within three years of the injury or lose the right to sue.
How to find an attorney in New York City
Start with referrals from people you trust—your doctor, your union representative if you have one, or friends who have been through similar accidents. Word-of-mouth is often the most reliable way to find someone who actually handles these cases well.
If you do not have a referral, the New York State Bar Association maintains a lawyer referral service on its website. You can search by practice area (personal injury or construction accident) and location (your borough). The Bar Association does not endorse any particular attorney, but it does verify that they are licensed and in good standing.
You can also search online for "construction accident attorney New York City" or "construction injury lawyer Brooklyn" (or your borough). Look at their websites and reviews, but remember that reviews are not regulated—anyone can post anything. What matters more is whether they have handled cases like yours before and what their track record is.
Once you have a few names, call and ask for a free consultation. Most construction accident attorneys offer this. During the call, ask how many construction cases they have handled, whether they have tried cases in court or mostly settle, and what they think your case is worth based on what you tell them. If they promise a specific outcome or pressure you to hire them when ready, that is a red flag.
What happens in your first meeting with an attorney
Bring everything you have: your medical records, the accident report filed with OSHA or the city, photos of the site or your injuries, your pay stubs showing lost wages, and the names and contact information of anyone who saw the accident. If you have already filed a workers' compensation claim, bring that paperwork too.
The attorney will ask detailed questions about how the accident happened, what you were doing, what the site conditions were, and whether you were warned about hazards. They will ask about your injuries, your treatment, and how the injury has affected your work and daily life. They will also ask whether you were told to do something unsafe or whether safety equipment was missing or broken.
The attorney will then explain whether they think you have a case worth pursuing. If they do, they will explain the difference between a workers' compensation settlement and a personal injury lawsuit. They will also give you a rough timeline—how long the process usually takes—and what they expect to happen next. If they do not think you have a case, they should tell you why clearly and honestly.
Workers' compensation versus a personal injury lawsuit
In New York, most construction workers are covered by workers' compensation insurance. This means you can file a claim with your employer's insurance company to cover medical bills and a portion of lost wages. You do not have to prove negligence. The tradeoff is that workers' compensation pays less than a lawsuit would, and you cannot sue your employer.
A personal injury lawsuit is different. You sue the property owner, the general contractor, or the equipment maker for negligence—meaning they failed to keep the site safe or failed to warn you of a known hazard. If you win, you can recover medical bills, lost wages, pain and suffering, and permanent disability. But you have to prove negligence, and the case takes longer.
In many situations, you can do both. You file a workers' compensation claim to cover when ready medical costs and lost wages while your attorney pursues a personal injury lawsuit against the contractor or property owner. If you win the lawsuit, you may have to repay some of what workers' compensation paid, but you keep the rest. Your attorney will explain how this works in your specific situation.
What evidence matters in a construction accident case
Your attorney will want the OSHA report if one was filed. OSHA (the federal Occupational Safety and Health Administration) investigates serious construction accidents and documents what went wrong. The report is often powerful evidence because it is written by a neutral investigator.
Witness statements are crucial. If coworkers or bystanders saw the accident, their account of what happened can prove negligence. Your attorney will track down these witnesses and get their statements in writing.
Photos and video of the site before and after the accident matter. If you have photos of missing guardrails, broken equipment, or unsafe conditions, those are evidence. If the site had security cameras, your attorney can request that footage.
Your medical records establish the severity of your injury and the cost of treatment. They also show whether the injury is permanent or will heal. Medical experts—doctors who review your case and testify about your injuries—are often needed in larger cases.
Safety standards and building codes are also evidence. If the site violated New York City building code or OSHA standards, that is strong proof of negligence. Your attorney knows which standards explore to your type of accident.
How long a construction accident case takes
A workers' compensation claim usually moves faster. You can file within 30 days of the accident, and most claims are resolved within a few months to a year, depending on whether you and the insurance company agree on the amount.
A personal injury lawsuit takes longer. Discovery—the process where both sides exchange documents and take statements—can take six months to a year. If the case does not settle, trial preparation takes several more months. A trial itself can last days or weeks. From start to finish, a personal injury case often takes two to four years, though some settle much faster.
Your attorney can sometimes speed things up by filing a lawsuit early and using the threat of trial to push for a settlement. Many cases settle before trial because both sides want to avoid the cost and uncertainty of a jury decision.
What to expect if your case goes to trial
If your case does not settle, it goes to trial in New York State Supreme Court (which handles civil cases, despite the name). A judge or jury will hear evidence from both sides. Your attorney will present your medical records, witness testimony, and informed testimony about how the accident happened and who was negligent. The defendant's attorney will argue that their client was not at fault or that you were partly responsible.
New York follows a rule called comparative negligence. This means that even if you were partly at fault—for example, if you were not wearing required safety equipment—you can still win. But the amount you recover will be reduced by your percentage of fault. If you are found 20 percent at fault and the jury awards $100,000, you receive $80,000.
A jury verdict is final unless one side appeals. Appeals are rare and expensive, and they take additional years. Most cases that go to trial end with a verdict, and most verdicts are not appealed.
Questions to ask before hiring an attorney
Ask how many construction accident cases they have handled in the past five years. Ask whether they have tried cases in court or mostly settle. Ask what the average settlement or verdict was in cases similar to yours. Ask who will actually handle your case—will it be the attorney you meet, or will it be handed off to a junior attorney or paralegal?
Ask what they think your case is worth based on what you have told them. Ask what the next steps are and what you need to do. Ask whether they will handle the workers' compensation claim, the personal injury lawsuit, or both. Ask what happens if you disagree with a settlement offer they recommend.
Ask about their fee structure. Most work on contingency, but some charge a flat fee for specific tasks or an hourly rate. Make sure you understand what percentage they take and whether that percentage changes if the case goes to trial.
Frequently Asked Questions
Can I sue my employer if I was injured at a construction site?
In most cases, no—workers' compensation laws prevent you from suing your employer. But you can sue the property owner, the general contractor, or a subcontractor if they were negligent. Your attorney can explain who you can and cannot sue based on your specific situation.
How much does a construction accident attorney cost?
Most work on contingency, taking 25 to 33 percent of your settlement or judgment. You pay nothing upfront and nothing if you lose. Some attorneys charge a higher percentage if the case goes to trial. Ask about this during your consultation.
What if I was partly at fault for the accident?
New York allows you to recover even if you were partly at fault, but your award is reduced by your percentage of fault. For example, if you were 30 percent at fault and the jury awards $100,000, you receive $70,000. Your attorney will explain how this applies to your case.
How long do I have to file a lawsuit?
New York gives you three years from the date of the injury to file a personal injury lawsuit. After three years, you lose the right to sue. Do not wait—contact an attorney as soon as you can so they have time to investigate and file before the important date.
What if the contractor or property owner does not have insurance?
Your attorney can still pursue a lawsuit, but collecting a judgment is harder. They may go after the defendant's personal assets or look for other sources of recovery. This is one reason to discuss your case with an attorney early—they can assess whether there is money to recover.