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New York Construction Accident Lawyer

Every day, 14 construction workers in the United States are killed on the job. In 2017, the most recent year for which there are statistics, approximately 80,000 construction workers were injured, some of them so severely, their lives will never be the same.

In New York state, construction death rates are five times as high as those for any other industry. According to the New York Department of Buildings, there were 761 injuries in 2018, which was a 13 percent increase over the 671 accident injuries that were reported in 2017.

If you were injured in a construction site accident, you need a construction accident lawyer working on your side to see that your rights are protected and that you receive all the compensation you deserve from the negligent party who was responsible for your injury.

For over 100 years the New York construction accident lawyers at O'Dwyer & Bernstien Law Firm have achieved excellent results for injured workers. To see how our firm can help you, call for a free consultation 212-571-7100.

Our Construction Accident Lawyers Will Fight to Protect You After A Construction Accident

The trauma of being injured in a construction accident is not limited to the physical pain of your injury. There is the stress of struggling to pay your medical bills at the time that you are losing wages since you cannot work. Your future likely seems uncertain. You do not know whether you will need rehabilitation or whether you will be able to return to your former type of employment. This is the time to contact a New York construction accident attorney at O’Dwyer & Bernstien.

In addition to the compassion we have for your situation, we have the experience, skills, and assertiveness you need on your side as we fight together to be sure you receive all the compensation to which you are legally entitled. If a settlement looks like the best choice for your case, we are excellent negotiators. If taking your case to court is the best option, we are aggressive in the courtroom and have a track record of success.

What Do I Need To Know If I Was Injured In A Construction Accident In New York?

There are some important things you need to know if you were injured in a construction accident. The first question is generally:

Who can I sue for my construction accident? The law does not allow you to sue your employer for your work-related injury. However, there are so many parties that may be negligent that the law does allow for other lawsuits to be filed against other parties who were responsible for your construction accident and subsequent injuries. At O’Dwyer & Bernstien, we pursue one or more of these remedies on your work

  • Personal injury. When your serious injury was due to the negligence of a third party, we will work to hold that negligent party responsible so that you can receive compensation for your injury.
  • Product liability. If your injury was due to a defective product, you may have a claim for compensation from the manufacturer and/or distributor of the defective product
  • Wrongful death. If someone you love was killed in a construction accident, depending on your relationship to the decedent, you may have an action for negligence against the negligent parties.

What damages can I collect? Workers' compensation benefits limit the amount of compensation to which you are entitled under workers' compensation insurance. In lawsuits against other parties, you may be able to collect:

  • Current and future medical expenses.
  • Current and future lost wages.
  • Pain and suffering.
  • Loss of enjoyment of life.
  • Compensation for lost opportunity.
  • Punitive damages if the accident was due to egregious conduct by the party responsible for your injury.

Who at O’Dwyer and Bernstien will work on my case? Our team of construction lawyers is led by Brian O’Dwyer. The firm of O’Dwyer & Bernstien was founded by Brian’s father Paul. Brian has spent his full legal career at the firm and has a positive reputation in the community for his dedication in obtaining compensation for those who were injured in a construction accident.

NYC Construction Site Injury Accidents Our Attorneys Handle

Our construction accident attorneys at O’Dwyer & Bernstien handle all types of construction accidents. The Occupational Safety and Health Administration (OSHA) refers to the most common construction site accidents as the “fatal four.”

The fatal four includes:

  • Falls. Workers fall from scaffolds, cranes, roofs, ladders, and other equipment.
  • Struck by an object. This refers to being struck by other equipment, whether large or small or in the hands of another worker. It also includes falling objects.
  • Electrocution.
  • Caught in between accidents. OSHA describes these as when construction workers are “caught-in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, or material.”  This also includes getting caught between elevator doors.

Examples of other types of job site accidents we handle are:

  • Collapses. When buildings, walls, trenches, or any unsecured structure.
  • Confined space accidents.
  • Dangerous work site conditions.
  • Exposure to chemicals.
  • Faulty equipment. This includes injuries by old or defective equipment. Amputations are often the result of using faulty equipment.
  • Hand and power tool injuries. Some equipment is inherently dangerous, like power saws, guns, digging tools, and others.
  • Improper loading and unloading materials and equipment.
  • Lifting heavy loads. This often results in back and shoulder injuries.
  • Trip and fall accidents. These are common and most often occur on poorly maintained construction sites.
  • Vehicle accidents.

Recent Construction Accident Verdicts & Settlements

At O'Dwyer & Bernstien, LLP, we have a reputation of success for collecting damages on behalf of our clients whether by way of negotiated settlements or jury verdicts at trial.

Examples of some settlements we have negotiated for our clients are:

  • $7,500.00 for a 24-year-old worker who suffered severe back, arm, leg, and feet injuries when an improperly secured brick wall fell on him. He required surgery to repair his injuries.
  • $7,000,000 for a 24-year old ironworker who suffered severe injuries to his back, requiring multiple surgeries, when an improperly secured hoisted load fell on him.
  • $5,600,000 for a 26-year-old carpenter who fell from a loading dock and injured his back. He required a spinal fusion.
  • $5,000,000 for a 38-year-old union laborer. He required surgery to repair his injured back, neck, and knee. He was injured when he was descending a ladder. His foot hit an obstruction which caused him to become entangled in the ladder and ultimately fall..
  • $4,500,000 for a 36-year-old ironworker who was severely injured when he was struck by the boom of a crane. In addition to back, hip and knee injuries, he also lost some internal organs.
  • $3,073,100 for a 48-year-old carpenter who was working on a scaffold which toppled over. He required a surgical cervical fusion to repair cervical disks that were herniated in the accident.
  • $2,700,000 for a 44-year-old undocumented worker who injured his pelvis, shoulder, and hip when the scaffolding he was on collapsed.
  • $2,500,00 for a 41-year-old laborer who was struck by a load of debris that was not being properly transported. He suffered back and hip injuries which required surgery.

We also obtained a jury verdict of $3,700,000 in a wrongful death case on behalf of the family of a 49-year-old laborer who was killed when he fell from a defective hoist.

Contact Our Construction Accident Lawyers If You've Been Injured at Work

For more than 100 years O’Dwyer & Bernstien, LLP, has been one of New York’s pre-eminent litigation firms, providing quality representation to those injured in construction accidents in New York City. We are one of the oldest personal injury firms in the city.

We take the time to get to know you personally, so we can understand the unique challenges you face as a result of your injury. We have a track record of success. By success, we mean that we have obtained maximum compensation for you that will cover all damages related to the construction injury you suffered.

All of our NY personal injury attorneys have more than 20 years of experience. They know when to call in experts. Your case may need engineers, economists, illustrators, accident reconstructionists, or medical experts. We vigorously present the strongest possible case on your behalf.

Our injury lawyers will give you their personal cell phone numbers and be ready to answer your questions any time night or day.

If you've been injured on the job or have lost a loved one, contact us for a free consultation. If you are unable to come to us, we will go to you. Our goal is to help you rebuild your life after the accident. We work to see that you have the resources you need to move forward.




“O’Dwyer & Bernstien has helped me in several different situations over the last 12 years that I’ve lived in NYC. They’re my go-to firm because they always obtain the results that I need and deserve. They’re also located in downtown Manhattan, which makes them very convenient. The office and people that work there are exactly what you’d expect from a top tier law firm in the world’s greatest city.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”