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Construction Accidents Lawyer Bronx

According to a report issued by the Bureau of Labor Statistics, 1,013 people died due to construction worksite accidents in 2017 and three percent of all construction workers experienced a serious work-related injury. In New York, that amounts to approximately 5,500 construction workers who missed work due to slips and falls or other injuries sustained at the job site.

Construction workers know they work in a dangerous industry. Despite this, most are hard-working, dedicated employees who expect their employers and others responsible for setting up a job site to do so with their safety in mind. When safety violations occur instead, it leaves these injured workers dealing with devastating consequences such as brain injuries, broken bones, damage to internal organs, paralysis, and other serious conditions.

Regardless of your type of injury or how it occurred on the job, you have the right to pursue fair compensation from those responsible for causing it.

O’Dwyer & Bernstien, a law firm with over 100 years of experience representing the rights of injured workers in the Bronx, is available to assist you in pursuing a case for yourself or a wrongful death case on behalf of a loved one 212-571-7100.

Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien

Under the New York Statute of Limitations, you have three years from the date of the injury and two years from the date of your loved one’s death to sue the responsible party. As a Bronx construction accident victim, you can trust the attorneys at our law offices to aggressively pursue compensation that holds the other party accountable for the negligence that caused your accident.

Construction Accident Lawsuit Liability

Unlike workers’ compensation cases where an injured worker can apply for benefits even after causing his or her own injuries, liability is a major factor in personal injury, product liability, and wrongful death lawsuits. This is due to the legal concept of contributory negligence.

Contributory negligence means that a jury considers how much fault the injured party shares in causing the workplace accident. Although New York allows these claims to move forward even if the injured person shares some blame, the law reduces the settlement amount the plaintiff receives by the same percentage of his or her liability. For this reason, it’s essential to work with an experienced Bronx construction accident lawyer to prove the liability of other parties.

Although injured workers normally can’t sue their employer due to the workers’ compensation system, New York allows exceptions under these statutes:

Labor Law 200:

Under the Common Law Negligence Rule, contractors and construction company owners must provide a reasonably safe work environment by implementing appropriate precautions. It specifically applies to machinery and equipment.

Labor Law 240:

The Scaffolding Law exists to protect workers who sustain an injury when an object strikes them or due to a fall. Employers must provide protective equipment for work on any type of elevated surface. See our scaffolding guide for more information.

Labor Law 241:

Specific to excavation and demolition, this law requires construction industry employers to provide adequate and reasonable precautions. It’s an expansion of Labor Law 240 that only covers scaffolding accidents.

While this is good news for those who have suffered devastating injuries, proving liability can be a complex legal matter because multiple parties could share fault.

Some of these include:

  • Contractor
  • Construction Site Owner
  • Engineers
  • Equipment Manufacturer
  • Subcontractor

Your construction accidents lawyer Bronx will begin investigating your accident immediately, thoroughly researching the role of each party involved. This ultimately determines who receives your lawsuit.

Recently, the Occupational Health and Safety Administration (OSHA) conducted a study that discovered safety violations in approximately 66 percent of construction job sites in New York. When OSHA completed follow-up inspections at sites where a worker died because of falling, the organization found that 100 percent of these construction sites had serious safety violations. It went so far as to state that most construction site accidents occur due to inadequate provisions for the safety of workers.

Construction Industry Cases Handled in the Bronx

The construction industry has changed a lot over the last 100 years, but one thing that hasn’t changed is the commitment that O’Dwyer & Bernstien has to injured workers.

“We offer protection to workers in the New York City area that they won’t receive from their employer or the insurance companies that represent them.”

Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien

If you’re facing a long recovery or have suffered the untimely death of a loved one, we encourage you to schedule a free consultation with a Bronx construction accident lawyer as soon as possible 212-571-7100.

Below are just some types of accidents we have handled in our century of service to the Bronx:

Compensation for Construction Accident Injuries

At O’Dwyer & Bernstien, we are pleased to say that we have secured settlements for our clients in the millions of dollars. While we can’t guarantee a specific settlement amount, we can say with confidence that experienced legal representation matters when it comes to securing a favorable lawsuit. Of course, other factors come into play as well such as the extent of your injuries.

Here are some construction accident settlements secured by our law offices:

  • $7,500,000 on behalf of a severely injured worker who had a brick wall fall on top of him.
  • $7,000,000 for an ironworker who received severe injuries when a load that others had not hoisted properly fell on him.
  • $6,631,000 on behalf of a bus chassis maintenance worker who received serious ankle and knee injuries after an electric cart struck him.
  • $5,600,000 for a carpenter who required spinal fusion after a fall from a loading dock.

Your construction accidents lawyer Bronx may file one of four types of lawsuits on your behalf. A workers’ compensation claim is always the first thing to consider. While you can do this without a lawyer, it’s not uncommon for injured workers to feel they’re the victim of unfair treatment by their employer, the doctors their employer have chosen, and the insurance companies. If this describes your situation, you may file a lawsuit against the parties you have a grievance with under New York workers’ compensation law.

Personal injury lawsuits are also common in construction accidents, but only when they involve a third party and not the employer directly since that falls under workers’ compensation. With a successful personal injury lawsuit, you could receive compensation for medical bills, lost wages, pain, and suffering, and several other categories of loss.

You may also be able to file a product liability claim if your injuries occurred due to a poorly manufactured product. With the help of your Bronx construction accident lawyer, you must prove that the manufacturing company released a defective product and that you had no warning that you could injure yourself by using it.

Finally, you may file a wrongful death lawsuit if your spouse or other close family member died due to negligence on a construction job site. You would receive the benefits your loved one would have received had he or she lived along with funeral and burial costs and more.

Contact Our Bronx Construction Accident Attorney if You Have Been Injured at Work

Just because you work in a high-risk industry doesn’t mean you don’t have rights if you sustain an on-the-job injury.

“You deserve fair compensation for your injuries. While insurance companies worry about protecting their own interests, it’s our job to secure your financial future to enable you to pursue maximum recovery.”

Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien

Please contact us today to request your free consultation at 212-571-7100.


“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.”