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Determining Fault

If you are injured in a construction accident, you are entitled to workers’ compensation benefits regardless of who was at fault. If someone else was at fault, you may be entitled to additional compensation through our civil justice system. As a result, determining fault is an important part of your case.

At O’Dwyer & Bernstien, LLP, in Manhattan, our lawyers file personal injury lawsuits on behalf of construction workers in the New York City area who are injured due to the negligence of others. We also file wrongful death lawsuits on behalf of family members of workers who die in construction accidents. We offer a
free initial consultation to discuss your case.

A Search For The Truth

Investigation of a construction accident is a search for the truth. Since millions of dollars may be at stake in the outcome of a personal injury or wrongful death case, employers often attempt to shift blame to employees to avoid liability.

Even if you were partially at fault, you may still have the right to sue if your employer or another party was also negligent. Examples of fault in construction accidents include:

  • An unsafe work environment, such as a work area containing tripping hazards
  • Uncovered holes
  • Unsafe operation of equipment such as
    cranes, derricks and hoists
  • Lack of fall protection for workers on elevated structures
  • OSHA violations
  • Unsafe ladders and
  • Defective equipment

It’s important to contact our attorneys as soon as possible after an accident so we can collect and preserve evidence of fault. Examples of evidence include:

  • Pictures of the accident scene before it was cleaned up
  • Statements from witnesses
  • The results of an OSHA or other investigation

Our lawyers work with experts who can help us build the strongest possible case of negligence against your employer or other party responsible for your injury.

For More Information About Fault In Constructions Accidents

For an in-depth discussion about who was at fault for your injury, call
212-571-7100 for a free consultation and case evaluation.


“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.”