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De Caro & Kaplen, LLP
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New York Construction Accident Lawyers

De Caro & Kaplen partners Shana De Caro and Michael V. Kaplen represent construction accident victims in New York, with specialized expertise in cases involving brain injury from falls, scaffold accidents, and blows to the head. For over 45 years our firm has achieved substantial awards and settlements for our construction site accident clients, including a $2.48M settlement for a worker ladder fall victim, and $1.9M for a bridge worker who was injured due to contractor negligence. Contingency based, with no upfront fees to pay. All litigation costs advanced by our firm. Call today on (212) 732-2262 to arrange a free no-obligation consultation and let De Caro & Kaplen fight for the justice and compensation you deserve for your construction accident.

Why Choose De Caro & Kaplen, LLP for Construction Site Accidents in New York

  • Knowledge Of New York Labor Law: Our partners Shana De Caro and Michael V. Kaplen have deep familiarity with New York Labor Law Section 240(1) (Scaffold Law) which allows us to establish absolute liability for fall protection failures and Section 241(6) for specific Industrial Code violations.
  • Brain Injury Specialization: Our firm is recognized nationally for our knowledge and expertise in brain injury, one of the most common outcomes of accidents on construction sites involving falls and blows to the head.
  • Experience In All Types Of Construction Accident Injury: Our partners have represented construction accident clients who have sustained back injuries, brain damage, fractures, electrical injuries, and burns from a variety of construction site accidents.
  • Third-Party Litigation: Our attorneys identify negligence by property owners, subcontractors, and equipment manufacturers to secure damages exceeding limited workers' compensation benefits.
  • Comprehensive Damage Modeling: We utilize vocational specialists and medical consultants to develop Life Care Plans, accounting for long-term medical needs and diminished earning capacity.
  • Direct Partner Access: Clients receive direct representation from our partners Shana De Caro and Michael V. Kaplen throughout the litigation process, ensuring senior-level expertise from initial filing to jury verdict.

A History of Multi-Million Dollars Verdicts & Settlements in Construction Accident Cases

De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York construction accident clients. Recent cases which resulted in successful recovery include:

  • $5,500,000 for the family of the highway worker electrocuted by a negligently exposed power line
  • $4,250,000 wrongful death award to the family of a construction worker securing a crane’s load who was electrocuted and killed when a crane struck an overhead power line
  • $2,480,000 settlement during trial for orthopedic injuries sustained by a construction worker who fell from an unsafe ladder
  • $1,900,000 settlement for a bridge painter who fell and sustained a fractured ankle because he was not provided with a safety harness
  • $225,000 settlement for rotator cuff injury to construction worker as a result of a fall in an ice-covered parking lot

View construction accident case studies.

Our Credentials, Recognition & Track Record in Construction Accident Cases

  • Elite Leadership: Shana De Caro served two-terms as Chairwoman of the Brain Injury Association of America. Michael V. Kaplen served as President of the Brain Injury Association of New York.
  • Partners Michael V. Kaplen and Shana De Caro are multi-year New York Super Lawyers.
  • Contingency Based: We front all litigation costs, with a contingency fee structure where no fees are charged unless a recovery is successful.
  • Verified Success: Our firm has a 45 year track record of multi-million dollar verdicts and settlements for our construction accident clients, including a $2.48 million settlement for a ladder fall and $1.9 million for a bridge painter's injury.
  • Statutory Compliance: We ensure rigorous adherence to New York's strict filing deadlines, including the 90-day notice requirement for claims against municipal or government entities.

What Types Of Construction Site Accident Cases Can We Assist With?

New York's powerful Labor Laws provide exceptional protections for construction workers. De Caro & Kaplen, LLP has secured life-changing compensation for in cases involving:

  • Falls from heights (scaffold, unsecured ladders, missing guardrails)
  • Blows to the head from falling objects (improperly stacked materials, tools falling from scaffolds, defective crane rigging)
  • Electrocution
  • Trench collapses
  • Heavy machinery
  • Demolition
  • Toxic exposure

Read more: Do I have a construction accident case?

Client Reviews and Testimonials

De Caro & Kaplen LLP has a 4.9 star rating on Google reviews, aggregated from over 175 client reviews. Below are a selection of reviews from our clients.

Review by our client Allison Sansoucie

⭐⭐⭐⭐⭐

"My family needed help with a complicated personal injury case. I was fortunate to be referred to De Caro & Kaplen. Outstanding attorneys! Michael and Shana are reliable, intelligent, and dedicated advocates. There were a number of times I had specific concerns about the case and Michael was always steps ahead. The attention paid to details was truly remarkable. Shana and Michael always responded quickly to every call and email. Their assistant, Andy was consistently patient, kind, and helpful. They provided seamless referrals to rehabilitation facilities and elder care experts as needed. Shana and Michael consistently went above and beyond in countless ways throughout 2 1/2 years to ensure the most favorable outcome for my family. De Caro & Kaplen navigated each and every aspect of the lawsuit and mediation with professionalism and integrity. Incredible given the many delays due to COVID. I highly recommend De Caro & Kaplen."

Google Reviews

Review by our client April Bulger

⭐⭐⭐⭐⭐

"After my first meeting with Michael Kaplen I knew I was in the right hands. He and his team are amazing. I would recommend them to anyone in need of an attorney that will get the job done while giving their clients a piece of mind. Complete honesty and candor each step of the process which I respect."

Google Reviews

Review by our client Christina Bentham

⭐⭐⭐⭐⭐

"Fantastic experience! Accepted to pursue my case with many challenges. Michael Kaplen never gave up, even when posed with a vicious defense attorney. He was always one step ahead of the attorney and beat her at ever turn. When I called, emailed, or texted, Mr. Kaplen responded personally. The customer service was terrific and I always felt their entire team was attentive to every concern I had. I highly recommend the DeCaro/Kaplen team and thank them for everything they did for me!"

Google Reviews

Shana De Caro & Michael V. Kaplen

Free Consultation

With over 45 years experience in construction accident law, our partners Shana De Caro and Michael V. Kaplen help our clients get the justice and compensation they deserve. Our attorneys have the passion and persistence to take on any construction accident case in New York—and win.

Call today on (212) 732 2262 or email help@brainlaw.com to arrange your free consultation.

Our Partners, Shana De Caro and Michael V. Kaplen Handle Your Case From Start To Finish

When you hire De Caro & Kaplen, LLP for your construction accident case in New York our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish. Unlike some other prominent NYC firms, who will hand your case off to a paralegal, Shana and Michael, who each have over 45 years experience in personal injury and medical malpractice law, will personally work on your behalf to ensure you receive the justice and compensation you deserve, preparing every case as if it will go to trial.

Shana De Caro - Senior Partner and Personal Injury attorney at the New York law firm De Caro & Kaplen, LLP

Shana De Caro - Senior Partner and Personal Injury Attorney

  • Over 45 years of experience specifically handling complex personal injury, brain injury, and construction site litigation in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar verdicts and settlements for her construction accident clients.
  • Served two terms as Chairwoman of The Brain Injury Association of America
  • Served as member of the New York State Supreme Court medical malpractice review panels.
  • Fellow of the American Bar Foundation and Litigation Counsel of America.
  • Published in New York Law Journal, National Law Journal, Trial Magazine, Psychiatric Clinics of North America.
  • Lecturer for the American Association for Justice, New York State Academy of Trial Lawyers, and North American Brain Injury Society.
  • Recognized for advancing standards of practice in brain injury and medical negligence litigation.

Read Shana De Caro's full bio.

Michael V. Kaplen - Senior Partner and personal injury attorney at the New York law firm De Caro & Kaplen, LLP

Michael V. Kaplen - Senior Partner and Personal Injury Attorney

  • Over 45 years of experience specifically handling complex personal injury, brain injury and construction accident litigation in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar award settlements for his construction accident clients.
  • Triple board-certified by the National Board of Trial Advocacy in: Civil Trial Law, Medical Malpractice, Civil Pretrial Practice Advocacy
  • Professorial Lecturer in Law, The George Washington University Law School (“The Legal Aspects of Traumatic Brain Injury”)
  • Taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
  • Served as President, Brain Injury Association of New York State.
  • Consistently listed among the Top 100 New York Trial Lawyers and Top 25 Brain Injury Attorneys in the nation.
  • Public Justice Achievement Award (for pro bono representation of September 11th victims)

Read Michael V. Kaplen's full bio.

Who can be held liable for your construction accident in New York city?

Any individual or entity whose negligence has contributed to injury on a construction site may be liable, including:

General Contractors

General contractors are responsible for overseeing construction projects, ensuring that their sites are safe for workers, and that all safety protocols are fully understood and adhered to.

Property Owners

Property owners have a responsibility to provide a safe working environment for construction workers undertaking construction or renovation work on their premises, and in some cases may be held accountable for injuries.

Subcontractors

Subcontractors have the same responsibility as general contractors to maintain a safe working environment for workers. If an injury occurs due to the negligence of a subcontractor, they can be held accountable.

Architects and Engineers

Architects and engineers who design buildings and structures must adhere to professional standards. If their designs or inspections contribute to accidents they can be held accountable.

Equipment Manufacturers

If a construction worker is injured due to faulty equipment, the manufacturer or supplier may be held liable in some cases. However if the equipment has not been properly maintained, liability is likely to fall on the contractor, employer, or property owner.

Government Agencies

In some cases, government agencies responsible for inspecting and regulating construction sites may share liability if they fail to enforce safety regulations or conduct adequate inspections.

Do not settle for workers’ comp. You may be entitled to much more

It’s common knowledge that if construction workers are hurt on the job, they can collect Workers’ Compensation benefits. But that’s not necessarily the end of the story. Anyone injured at work may also be entitled to file a personal injury claim. Here are the main differences between Workers’ Compensation and a personal injury claim:

Workers’ Compensation – limited benefits and no need to prove fault

With Workers’ Compensation, there is no need to prove fault in order to collect weekly benefits. But these benefits are limited. They only compensate you for lost wages, medical bills, and permanent impairment.

Personal Injury Claim – full compensation for your injuries, and full accountability for those responsible

In order to recover damages through a personal injury claim, your attorney must prove that another party—such as the construction site owner, building owner, general contractor, or subcontractor—was negligent or reckless. A personal injury claim seeks to recover all of the damages you’ve had to deal with due to your bodily or brain injury. You can seek compensation for pain and suffering, loss of life’s pleasures, lost earning capacity, and even future medical and rehabilitation costs.

Important: You may still be able to file a personal injury claim or lawsuit if you have already accepted Workers’ Compensation

Maybe you were told that accepting Workers’ Compensation benefits prevents you from suing. But this isn’t always true. Whether you were hurt on a construction site, factory floor, or other location, it may be possible to bring a claim or lawsuit to recover additional and substantial compensation. This would be above and beyond any workers’ compensation benefits you receive. Consult our personal injury lawyers today.

Frequently Asked Questions

Below are some common questions we are asked by clients when taking on a construction accident case in New York.

How does De Caro & Kaplen use New York Labor Law in construction accident cases?

Our firm has a deep understanding of New York Labor Laws, including Sections 200, 240, and 241(6). We are particularly adept at leveraging Labor Law §240(1), often called the Scaffold Law, which imposes absolute liability on employers for failures in fall protection. This means that if a fall occurs due to inadequate protection, the responsibility is clear, significantly strengthening our clients' cases.

Can I get more than workers' comp if injured on a construction site?

Yes. While workers' compensation provides benefits, it may not fully cover your losses. De Caro & Kaplen helps clients understand the difference between workers' compensation and personal injury claims. In many construction accident cases, you may be entitled to additional compensation through a third-party personal injury claim, which we can pursue on your behalf.

Can De Caro & Kaplen prove brain injuries even with normal MRIs?

Yes. Brainlaw has significant experience proving brain injuries that may not be visible on MRIs or even standard neurological exams. We understand that these injuries can be debilitating despite 'perfect' medical imaging or tests. Our firm employs advanced strategies and expert testimony to demonstrate the reality and severity of such 'invisible' injuries.

What kind of medical experts does De Caro & Kaplen work with for construction accidents?

To thoroughly build your case, our partners Shana De Caro and Michael V. Kaplen collaborate with a network of medical experts. This includes neuropsychologists, neurological experts, medical consultants, and vocational specialists. These professionals provide crucial insights into the extent of your injuries and their long-term impact, ensuring your claim is supported by robust medical evidence.

How does De Caro & Kaplen calculate lost earnings after a construction accident?

Our partners Shana De Caro and Michael V. Kaplen addresses future financial needs by utilizing Life Care Plans and assessing diminished earning capacity. We work with vocational specialists to meticulously calculate your past and future loss of earnings. This ensures that your settlement or verdict accounts for the full economic impact of your injuries, including long-term earning potential.

Has De Caro & Kaplen identified specific Industrial Code violations in past cases?

Yes. Our partners Shana De Caro and Michael V. Kaplen have a proven track record of identifying and proving violations of the New York State Industrial Code. In one notable construction accident case, our success in demonstrating these violations contributed to a significant $2.48 million settlement for our client, highlighting our attention to regulatory details.

How does De Caro & Kaplen use the 'absolute liability' of Labor Law 240?

Our firm leverages the 'absolute liability' provision of New York Labor Law 240(1), commonly known as the Scaffold Law. This law holds property owners and general contractors strictly liable for gravity-related accidents, such as falls from heights, when proper protective measures are not in place. We use this powerful tool to establish clear responsibility and maximize compensation for injured workers.

How does De Caro & Kaplen prepare for complex medical evidence in construction injury cases?

Our partners Shana De Caro and Michael V. Kaplen are committed to meticulous trial preparation, especially when dealing with complex medical evidence. We excel at organizing expert reports, developing clear legal arguments, and presenting medical information effectively. This thorough preparation is crucial for justifying the full compensation our clients deserve for their construction-related injuries.

What areas of New York does De Caro & Kaplen serve?

Our nconstruction accident lawyers serve the entire State of New York including New York City, The Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.

 

Start Your Construction Accident Case Today With a Free, No Obligation Consultation

All construction workers deserve a safe work site, safe working conditions, and safe equipment. When brain trauma or other serious personal injuries occur, De Caro & Kaplen, LLP is prepared to represent you in a court of law to obtain fair and full compensation for your hardships. Here, we’re not just attorneys—we’re client advocates who genuinely care about helping you reach a better place in your life.

You pay no legal fees up front to hire us. Payment is only due when we win a favorable settlement or verdict for your case. Don’t wait—talk to our firm today.

You can telephone us toll free for a no obligation, free consultation at (866) 272 4652, text us at 833 227-1410, or use the contact form below.

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Contact Us

The Brain Injury Law Firm ®
Toll Free: (866) 272-4652
(212) 732-2262
help@brainlaw.com 
Manhattan Offices:
De Caro & Kaplen, LLP
228 E. 45th Street, Suite 1100, New York, NY 10017

De Caro & Kaplen, LLP
860 United Nations Plaza, Suite 27A
New York,
NY 10017
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Areas We Serve

We are based in Manhattan, and serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.

Practice Areas

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