You went to a job site to earn a living, and now you are home with an injury that may keep you from going back.
Medical bills are already arriving. Your family is counting on income that is no longer coming in. The contractor or property owner whose negligence caused this is not making an effort to make it right.
When you’ve suffered a serious injury on the job, you need an experienced and proven Bronx construction accident lawyer. At Diamond Injury Law, Bronx construction accident lawyer Ivan Diamond fights for injured workers and their families across the Bronx and all five boroughs.
I have handled construction injury claims for more than 30 years, and I know how to use New York's powerful worker protection laws to hold property owners and general contractors accountable and secure the compensation you need.
Call (718) 588-2000 or contact me online today for a free case review. Your consultation is free. No obligation, no pressure, and you pay nothing unless I win your case.
- Key Takeaways
- Why Do I Need a Bronx Construction Accident Lawyer?
- Results That Bronx and NYC Construction Workers Count On
- How New York's Scaffold Law Protects Bronx Construction Workers
- What Types of Construction Accidents Happen in the Bronx?
- Ask Diamond Injury Law About Your Bronx Construction Accident Claim
- Who Is Liable for a Bronx Construction Accident Besides Your Employer?
- Your Legal Rights as an Immigrant Construction Worker in New York
- Compensation You May Pursue After a Bronx Construction Accident
- Why Diamond Injury Law for Your Bronx Construction Accident Claim
- FAQs About Working With a Bronx Construction Accident Lawyer
- Take Control of Your Case With a Bronx Construction Accident Lawyer at Diamond Injury Law
Key Takeaways
- New York's Labor Law Section 240, also called the Scaffold Law, holds property owners and general contractors strictly liable when a construction worker is injured in a gravity-related accident.
- Workers' compensation covers medical bills and partial wages, but a third-party lawsuit against a property owner, general contractor, or equipment manufacturer may recover significantly more.
- The NYCOSH Deadly Skyline Report found that 74% of fatal construction sites in New York had preventable safety violations.
- New York law protects injured construction workers regardless of immigration status.
Why Do I Need a Bronx Construction Accident Lawyer?
Construction accident claims in New York involve overlapping legal protections, insurance policies, and liable parties that most injured workers have never dealt with before.
Bronx construction accident attorney Ivan Diamond knows how to handle these highly complex cases and fight for compensation that reflects the true scope and cost of your injuries.
Workers' Comp Is Just the Starting Point
Workers' compensation is the first source of benefits after a job-site injury. It covers your medical treatment and replaces a portion of your lost wages, typically about two-thirds. I help clients with workers' comp claims and make sure they receive the benefits they are owed.
However, workers' comp does not pay for pain, suffering, or full lost income. For construction workers in the Bronx, a third-party lawsuit often provides the path to significantly greater compensation.
Hiring a Construction Injury Lawyer Changes the Outcome
A study by Martindale-Nolo, reported by Forbes, spotlights the value of working with a personal injury lawyer to resolve a personal injury claim. The study found that injury victims who worked with a lawyer secured nearly three times the net payout of those who went without a lawyer, even after paying attorney fees.
Working with a lawyer also increases the chance that you will obtain a settlement or award at all. The same data showed a 91% success rate for represented claimants. Only 51% of people who tried to negotiate on their own received any payment.
Results That Bronx and NYC Construction Workers Count On
Construction workers build this city with their hands and their backs. When the people who profit from that labor cut corners on safety, the injuries are severe and the stakes are high. Here are some of the results Diamond Injury Law has obtained for construction workers with serious injuries.
- $1.5 million for a construction worker who sustained back and head injuries after being hit by plywood that fell from a height
- $1 million for an electrical worker who suffered a burn injury on a job site
- $425,000 for a construction worker struck by falling debris who suffered a closed head injury
- $350,000 for a worker who fell off a ladder while applying paint thinner to the exterior of a building and sustained an ankle fracture
- $300,000 for a carpenter who suffered a partial traumatic amputation of his thumb from a table saw that lacked proper guards and safety devices
These results and others reflect what happens when an experienced Bronx construction accident attorney applies New York's worker protection laws aggressively and refuses to accept a lowball offer. See my full results page for additional recoveries.
How New York's Scaffold Law Protects Bronx Construction Workers
New York gives construction workers some of the strongest legal protections in the country. Three sections of the state's Labor Law work together to hold property owners and contractors responsible when construction workers are injured on the job.
Labor Law Section 240: The Scaffold Law
Labor Law Section 240 requires property owners and general contractors to provide proper safety equipment for any worker performing construction, demolition, repair, or similar work at a height. This includes scaffolds, ladders, hoists, pulleys, safety harnesses, and similar devices.
If they fail to provide that equipment and you are injured in a gravity-related accident, such as a fall from a scaffold or being struck by a falling object, the owner or contractor is held strictly liable. That means they are responsible regardless of whether they were directly at fault for the accident.
This protection is unique to New York. As a Bronx Labor Law 240 attorney, I use the Scaffold Law in construction injury cases throughout the city.
Labor Law Section 241(6): Safety Code Violations
Labor Law Section 241(6) requires owners and contractors to follow specific safety rules from the New York Industrial Code. These rules cover everything from trench safety to protective equipment to the condition of ladders and scaffolds.
When a contractor violates one of these rules and a worker is injured, the violation itself is strong evidence of negligence. I identify the specific Industrial Code provisions that apply to your accident and use them to strengthen your claim.
Labor Law Section 200: General Site Safety
Labor Law Section 200 is the broadest of the three. It requires anyone who controls a construction site to maintain it in a reasonably safe condition. Claims under Section 200 require showing that the property owner or contractor had control over the work and knew or should have known about the dangerous condition.
Together, these three statutes give injured Bronx construction workers multiple legal paths to compensation beyond workers' comp.
What Types of Construction Accidents Happen in the Bronx?
The Occupational Safety and Health Administration (OSHA) identifies four categories of construction hazards, known as the "Fatal Four," that account for roughly 60% of all construction worker deaths nationwide. Each of these is common on Bronx job sites.
Falls From Heights
Falls are the leading cause of construction worker death in New York and across the country. Workers on scaffolds, ladders, rooftops, and elevated platforms at Bronx job sites are at constant risk when contractors cut corners on safety equipment.
I handle claims involving falls from height at construction sites across the borough.
Struck-By Accidents
Falling tools, building materials, and debris injure workers at active Bronx construction sites every year. A worker on a lower level who is struck by an unsecured beam or a dropped piece of equipment may suffer traumatic brain injuries, spinal cord damage, or fatal crush injuries.
Caught-In or Caught-Between Accidents
Workers may become trapped between moving machinery, caught in unguarded equipment, or buried in a trench collapse. These accidents cause devastating crush injuries, amputations, and internal organ damage.
Electrocution Injuries
Exposed wiring, contact with overhead power lines, and faulty electrical equipment cause electrocution injuries on construction sites across the Bronx. Even non-fatal electrical contact may result in severe burns, nerve damage, cardiac arrest, and long-term neurological problems that affect a worker's ability to earn a living for years afterward.
Scaffolding Collapses and Defects
Improperly assembled scaffolds, overloaded platforms, and missing guardrails put workers at extreme risk. New York's Scaffold Law places strict liability on property owners and contractors in these cases.
As a Bronx scaffolding accident lawyer, I handle claims involving scaffolding falls under New York Labor Law 240 throughout the borough. These are among the most serious cases I see, and the injuries are often life-changing.
Each of these accident types raises different questions about who is liable and what legal protections apply. A NY construction injury lawyer investigates every angle to identify the responsible parties and the strongest legal path.
Ask Diamond Injury Law About Your Bronx Construction Accident Claim
Q: I was injured on a construction site in the Bronx. Can I sue my employer?
A: In most cases, New York law prevents you from suing your employer directly. Workers' compensation is the exclusive remedy against your employer.
However, you may file a third-party lawsuit against the property owner, general contractor, subcontractor, or equipment manufacturer whose negligence caused your accident. That lawsuit may recover significantly more than workers' comp alone.
Q: What does a Bronx construction accident lawyer charge?
A: At Diamond Injury Law, the consultation is free and I work on a contingency fee basis. You pay nothing up front and owe no legal fees unless I recover compensation for you.
Q: I fell from a scaffold on a Bronx job site. Does the Scaffold Law apply to my case?
A: If you were injured in a gravity-related accident during construction, demolition, repair, or similar work, Labor Law Section 240 likely applies. The Scaffold Law holds property owners and general contractors strictly liable, which means they are responsible for your injuries even if they did not directly cause the accident.
Q: I am undocumented. Do I still have legal rights after a construction accident in New York?
A: Yes, New York law protects injured workers regardless of immigration status. You have the same right to file a workers' compensation claim and pursue a third-party lawsuit as any other worker in the state. No employer may legally retaliate against you for reporting an injury.
Who Is Liable for a Bronx Construction Accident Besides Your Employer?
New York law generally prevents you from suing your employer for a workplace injury. Workers' compensation is the exclusive remedy against your employer. However, a third-party lawsuit against other responsible parties may recover full damages, including pain and suffering, that workers' comp does not cover.
Property Owners
The owner of the building or land where your accident happened owes a duty of care to every worker on the site. Under the Scaffold Law, property owners are strictly liable for gravity-related accidents regardless of whether they were directly at fault.
General Contractors
The general contractor who manages the construction project is responsible for site safety. If the GC failed to enforce safety protocols, provide proper equipment, or coordinate subcontractors safely, that company may be liable for your injuries.
Subcontractors
A subcontractor whose negligent work created the hazard that injured you may also be held responsible. For example, a demolition subcontractor who failed to secure debris that fell and struck you may owe you compensation.
Equipment Manufacturers
Defective scaffolding, malfunctioning cranes, faulty harnesses, and other defective construction equipment may give rise to a product liability claim against the manufacturer. This claim is separate from any negligence claim against the property owner or contractor.
I investigate every construction accident to identify all potentially liable parties and all available insurance coverage.
Your Legal Rights as an Immigrant Construction Worker in New York
New York law protects injured construction workers regardless of immigration status. If you are an undocumented worker who was injured on a Bronx job site, you have the same right to file a workers' compensation claim and pursue a third-party lawsuit as any other worker.
The NYCOSH Deadly Skyline Report found that Latinx workers make up roughly 10% of New York's workforce but account for 26% of construction fatalities statewide. Many of these workers are immigrants on non-union job sites with weaker safety protections.
No employer may legally threaten you with deportation or termination for filing a work injury claim. If an employer retaliates against you for reporting an injury or pursuing compensation, that retaliation itself may give rise to additional legal claims.
I represent construction workers from every background and community in the Bronx, and my office provides consultations in English and Spanish.
Compensation You May Pursue After a Bronx Construction Accident
A third-party construction accident lawsuit may recover damages that workers' compensation does not cover.
| Workers' Compensation | Third-Party Lawsuit |
|---|---|
| Medical bills | Full medical bills, current and future |
| Partial lost wages (about two-thirds) | Full lost wages and overtime |
| No pain and suffering | Pain and suffering |
| No future earning capacity | Reduced future earning capacity |
| No punitive damages | Scarring, disfigurement, loss of enjoyment of life |
The compensation available in your case will depend on how the accident happened, who was responsible, how the injury affects your health and ability to work, and other factors.
Why Diamond Injury Law for Your Bronx Construction Accident Claim
The Bronx is one of the most active construction markets in New York City. New residential towers are rising along the Grand Concourse and in Mott Haven.
Infrastructure projects run through Hunts Point and along the Bruckner. Every one of those job sites puts workers at risk when safety is not a priority.
- Your case is backed by nearly 30 years of construction injury results. I have recovered $1.5 million, $1 million, $425,000, and numerous other awards for construction workers with serious injuries. See my full results.
- You get a lawyer who uses the Scaffold Law. I know how to apply Labor Law Sections 240, 241(6), and 200 to hold property owners and contractors strictly liable.
- You work directly with me, not an associate. I run a small firm by design. I personally investigate your accident, handle every filing, and negotiate on your behalf.
- You pay nothing unless I recover compensation for you. The consultation is free, and my fee comes out of the recovery.
- You are not limited by your injuries or schedule. I make home and hospital visits and take evening and weekend appointments at my office at 888 Grand Concourse.
For general workplace accident claims in the Bronx that do not involve construction, my office handles those cases as well.
FAQs About Working With a Bronx Construction Accident Lawyer
How long do I have to file a construction accident lawsuit in New York?
You have three years from the date of the accident to file a personal injury lawsuit. If the accident happened on government-owned property, a Notice of Claim must be filed within 90 days.
Workers' compensation claims have a separate two-year deadline. Missing any of these deadlines may cost you your right to compensation.
What is the difference between workers' comp and a third-party construction accident lawsuit?
Workers' comp is a no-fault system that pays medical bills and partial wages regardless of who caused the accident. A third-party lawsuit is filed against a negligent property owner, general contractor, subcontractor, or equipment manufacturer.
The lawsuit may recover full lost wages, pain and suffering, and other damages that workers' comp does not cover.
What evidence does a Bronx construction accident attorney need to build my case?
Medical records, photos of the accident scene, OSHA inspection reports, witness statements, safety violation records, and maintenance logs all play a role. I gather this evidence and work with accident reconstruction professionals when needed.
What if my employer pressures me not to file a claim?
New York law prohibits employers from retaliating against workers who file workers' compensation claims or personal injury lawsuits. If your employer threatens your job, reduces your hours, or takes other retaliatory action, that behavior may support additional legal claims. Talk to a Bronx construction accident attorney right away.
What are the most dangerous types of construction accidents in the Bronx?
Falls from scaffolds, ladders, and rooftops are the leading cause of construction worker deaths in New York. Struck-by accidents, electrocutions, and caught-in or caught-between incidents make up the rest of what OSHA calls the "Fatal Four."
Together, these four hazard categories account for roughly 60% of all construction worker fatalities nationwide.
Does New York's Scaffold Law apply to all construction accidents?
The Scaffold Law applies specifically to gravity-related accidents that happen during construction, demolition, repair, painting, cleaning, or similar work. It covers falls from heights and injuries caused by falling objects. Other types of construction accidents may fall under Labor Law Section 241(6) or Section 200, depending on the circumstances.
What if I was not wearing a hard hat or other safety gear when I was injured?
New York's Scaffold Law holds property owners and contractors strictly liable for gravity-related accidents. Your own conduct, including whether you were wearing safety equipment, does not reduce the owner's or contractor's liability under Section 240.
For claims under other sections of the Labor Law, New York's comparative negligence rule allows you to recover compensation even if you share some of the fault.
Take Control of Your Case With a Bronx Construction Accident Lawyer at Diamond Injury Law
Delaying legal action only hurts your case and helps the insurance company. Evidence gets harder to preserve. Witnesses leave the job site, contractors repair the hazard, and the insurance company builds its defense. Ivan Diamond starts working on your case the day you call, and does not stop until the job is done.
Call Diamond Injury Law at (718) 588-2000 or contact me online for a free case review. There is no obligation or pressure, and you pay nothing unless I recover compensation for you.
Client Testimonial
“Mr. Ivan Diamond is the definition of professionalism hard work. He’s my first experience with a lawyer (I retained him to represent me in two separate instances) ... and he made it a pleasant one! He’s VERY hands on, very attentive, asked the questions, consistently checked up on me and prepared me for any and every possibility. Extremely knowledgeable. I recommend Mr. Diamond to friends and family who we’re all happy with outcome of their personal injury case’s. I consider Mr. Diamond to be family, because that’s how hard he worked for me and expressed real compassion for my circumstances. Hiring Mr. Diamond is a decision you will never regret..” -Bia S.
Client Review: 5/5
★ ★ ★ ★ ★
January 2020
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