Construction accidents in New York and New Jersey.
Construction work puts people at height, around heavy machinery, and under other people’s mistakes. If you were hurt on a site in New York or New Jersey, workers’ compensation may not be the end of it. There is often a separate claim against a site owner, a general contractor or an equipment company, and that claim covers things comp does not.
Report it, get treated, and write things down.
A worksite changes daily. Scaffolding comes down, equipment moves, the crew rotates. What was there on the day you were hurt may be gone next week, so the record you make now matters more here than almost anywhere else.
You won’t get all of this right, and you don’t have to. Do what you can, and we’ll work with what you have.
Get medical care and report the injury
Get treated, and make sure the injury is reported to your employer in writing. An unreported injury is the first thing a carrier questions. Keep copies of everything, including the incident report.
Keep a record of the site
Photographs of the scaffold, ladder, opening, machine or surface involved. The names of the contractors on site. Who you reported it to and when. Safety meeting records if you have them. Take the photographs before anything is moved.
Ask whether workers’ comp is the whole picture
Workers’ compensation covers medical treatment and part of your lost wages. It pays nothing for pain and suffering, and it does not reach everyone who may have been responsible. In New York especially, a separate claim against a site owner or general contractor is often possible. Ask before you assume comp is all there is.
Most New Jersey injury claims have to be filed within two years, and most New York claims within three. If a city, a state agency or a public authority is involved, formal notice can be due within 90 days. Miss the deadline and the claim is usually gone, however strong it was.
How long you have to bring a claimThis page is general information. It is not medical or legal advice for your situation.
A New York worksite carries duties other workplaces don’t.
Height, falling objects, and who was responsible for safety
New York’s Labor Law places specific duties on owners and general contractors for elevation-related work and falling-object hazards. Those duties sit with them whether or not you worked for them.
More than one company on the same site
A site usually has an owner, a general contractor and several subcontractors. You work for one of them. Any of the others may be responsible for what happened to you, and a claim against them is separate from workers’ compensation.
The part comp doesn’t pay for
Workers’ compensation pays medical bills and a portion of lost wages. It pays nothing for pain, for what the injury has done to your life, or for the work you will never do again. A third-party claim is where that part is dealt with.
If someone else was responsible, these are the losses a claim is meant to put right.
Medical treatment
The care you have already had, and the care the evidence says you are still going to need.
Lost income
Time off work now, and the earnings you lose if you cannot go back to what you did before.
The effect on your life
Pain, the things you can no longer do, and how long that is expected to last. This is the part with no invoice attached, and the part an insurer values lowest.
What any individual claim is worth depends on its own facts, and no one can tell you that from a web page.
Worksite cases are complicated. That is why we take fewer of them.
Jim Hunt trained at one of the largest law firms in the world. Our attorneys came from the other side of claims like yours — corporate defense and insurance defense in New York City — and they know where a defense lawyer looks to cut a claim down.
We take on fewer cases than most firms, on purpose. That means you deal with an attorney rather than a case handler, your calls get returned, and the person answering knows your file. We’ll handle the insurer so you don’t have to, and we’ll work on getting your medical bills sorted out while the claim runs. You pay nothing unless we recover money for you.
What happens when you call.
Questions people ask after an injury.
Every situation is different. If yours isn’t here, ask us. There’s no cost to ask.
Is workers’ compensation my only option?
Often not. Comp is what you receive from your employer, and you generally cannot sue your employer. But if a different company on that site caused the injury — the owner, the general contractor, a subcontractor, an equipment supplier — that is a separate claim, and it can cover what comp does not.
Who else could be responsible?
The site owner, the general contractor, another subcontractor, or the company that supplied or maintained the equipment. It depends on who controlled the work and the hazard. Working that out is most of the job in a construction case.
What should I bring to the first call?
Nothing, if you don’t have it to hand. If you do: the incident report, the names of the contractors on site, any photographs, and your medical records. We can start without any of it.
I had such a great experience working with this firm! Everyone was professional, responsive, and made the entire process so much easier and less stressful. I always felt like I was kept informed and that my case was being handled with care. I’m very happy with the outcome and truly appreciate all of the time and effort they put into my case.
— Jenna B., Google review
Read more client reviewsPrior results do not guarantee a similar outcome. Results may vary depending on your particular facts and legal circumstance. Testimonials are reviews left by actual clients on the firm’s public Google profile, in the client’s own words and shortened in places; clients are not compensated for reviews. A testimonial is not a guarantee or prediction about your case. Read our full disclaimer.
Not a construction accident?
If yours is closer to one of these, start there instead.