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New York City Construction Accidents and Third-Party Lawsuits

Written by
Abraham Jaros
Updated on Monday, Nov 13, 2023

For over forty years (40) the lawyers at Jaroslawicz & Jaros have successfully represented construction workers who were injured in various types of accidents that occurred while on construction sites. The firm of Jaroslawicz & Jaros has litigated these cases at all levels of both the State and Federal courts for injuries suffered by workers while engaged in construction work.

Before hiring any law firm to represent you when you have been injured in a construction site accident it is important to look at their track record to see what they have accomplished in the past.

Our firm, Jaroslawicz & Jaros, obtained a $44 million dollar jury verdict for a carpenter who was injured when he fell about 25 feet off of a wall that was being built at a construction site. This case was the largest verdict in New York and was published and appeared in the “Top New York Verdicts”.

If a construction worker is injured while engaged in performing his job in either the demolition, construction or the alterations of a structure or a building he may be entitled to significant monetary damages. These damages are often more than just collecting Worker's Compensation benefits from his employer to which he is entitled.

Workers' Compensation provides benefits to workers who are injured on the job. The benefits under Workers' Compensation include payments based on a percentage of the employee's average weekly wage for temporary, total, or partial disability. Workers' Compensation will also cover medical expenses for treatment and vocational rehabilitation services that are considered to be reasonable, necessary and related to the injury.

However, what is called a “third party” may be held responsible for the injuries that occurred on the job site. When a construction site accident occurs, the owners, architects, and manufacturers of equipment can at times be held responsible for inadequate safety provisions. The general contractor and all the subcontractors are also all required to provide a reasonably safe work site, to warn of any hazards at the site and work activities, to hire safe and careful employees, to coordinate job safety and to supervise compliance with safety specifications, rules and regulations.

Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may include, scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment.

When someone is injured on a construction it is often possible to find a “third party” who may be liable in the event of an injury other than the injured worker’s employer. This is important because in a “third party” action pain and suffering damages as well as all past and future lost wages and medical needs are recoverable, while Worker's Compensation benefits do not provide compensation for the pain and suffering that a person endures as a result of an accident and the payments are limited for wages and medical bills.

Because this type of litigation, also at times referred to as the “Labor Law”, requires particular legal knowledge and expertise that the average attorney may not possess, it is important that you select a law firm with a proven track record of success in this area of law.

Jaroslawicz &Jaros has not only been successful in obtaining a $44 million dollar verdict for an injured construction worker, the largest in New York, but for many years has helped to make the law in this area by writing briefs and arguing appeals at all levels of the State Appellate Courts, including to New York’s highest court, the New York Court of Appeals in Albany New York as well as at all levels of the Federal courts as well.

Jaroslawicz & Jaros has been successful in many construction cases over the years:

  • $44 million verdict in a construction accident case for a client who was injured when he fell from a wall on a construction site. This was the largest verdict of its kind in New York history.
  • $4.9 million settlement for damage to a building which occurred due to the construction of an adjacent building.
  • $3.5 million verdict for worker injured while on a scaffold by a defective crane.
  • $3.5 million settlement for a construction worker who was struck by a drill while on a construction job.
  • $3.1 million settlement for a laborer who was struck by a falling object while on a construction job.
  • $2.7 million settlement for a laborer who fell in a hole while on a truck.
  • $1.9 million settlement for a construction worker who was struck by falling pipes and suffered a neck injury.
  • $1.9 million settlement for a construction worker injured his legs when he fell from a wall on a construction site.
  • $1.55 million settlement for a construction worker who fell off of a ladder and injured his back.
  • $1.5 million settlement for a laborer who fell and injured his back when a trench gave way.
  • $1.5 million settlement for a laborer who fell and injured his back on a slippery ramp
  • $1.5 million settlement for a construction worker who fell off of a ladder and injured his bicep.
  • $1.45 million settlement for a construction worker who suffered a knee injury when struck by a falling ladder.
  • $1.4 million settlement for a construction worker who fell off of a ladder and injured his back.
  • $1.3 for a construction worker who fell off of a scaffold and injured his neck.
  • $1.25 million in New York County for a construction worker who burned his hands while carrying tar on a roofing project.

Our firm has handled numerous cases involving persons who have suffered serious injuries while working on construction projects including falling off of ladders or scaffolds, falling into trenches or off of roofs, being injured by falling pipes and other objects, by stepping on debris or getting injured by machinery and many other fact patterns.

Jaroslawicz & Jaros was also involved as one of the lead counsel in cases involving cranes that collapsed on construction sites in New York City and wrote and argued the appeal before the higher court where the Appellate Court upheld Jaroslawicz & Jaros’ claim for its client’s emotional distress in the 51st street crane collapse.

In a leading case which interpreted New York’s Labor Law involving an injured construction worker’s rights to sue the firm of Jaroslawicz & Jaros was successful in bringing a case for an injured worker under New York’s Labor Law in a case where David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the New York Court of Appeals, the highest Court in the State of New York. In Izrailev vs Ficarra Furniture, 70 N.Y.2d 813, 523 N.Y.S.2d 432.

The New York Court of Appeals permitted recovery under the New York Labor Law statute to an electrician who was injured while attempting to repair a sign. This case established the law for the first time that working on a sign was to be considered a structure, and gave the injured worker the protection and benefit of the Labor Law statute, thus permitting the worker to recover compensation for his injuries.

Because this type of litigation often requires that multiple experts be retained to properly support the case, including experts to prove liability, who would be persons with expertise in construction such as engineers and construction managers, as well as doctors, rehabilitation experts, and economists, who can explain the severity and extent of the injury and the loss of earnings and future earning capacity to the court and a jury, it is important to retain a law firm that has the experience in the field as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf should your case proceed to trial.

If you were injured on the job, it is important to contact a NYC construction accident lawyer as soon as possible as there may be vital evidence to obtain, such as videos, police reports, incident reports, photographs, and witness statements.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.

Get the help you deserve

Contact us today and start your free consultation. You can also text or call Abraham Jaros directly at 917.842.9544 or email him at ajaros@lawjaros.com.

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