Manhattan Based Construction Accident Attorneys - Representing Workers & Individuals in New York For 45 Years

They build our bridges, our roads, our cities. But too often, New York’s construction workers are forced to do it without the basic protections the law requires.

Our client was guiding a crane on a highway construction site. He was holding a tag line—routine, everyday work—when the boom struck an unmarked overhead power line. There were no warning signs, no barriers. Just 69,000 volts of electricity. He was rushed to the hospital with catastrophic burns. He didn’t survive. His wife and children were left behind to grieve a loss that should never have happened.

Another was working on top of a platform on a bridge. No harness. No lifeline. Nothing to catch him when he slipped. He fell and shattered his ankle, requiring surgery and months of painful rehab. If he had been given the proper safety gear, gear mandated by New York law, he wouldn’t have fallen at all.

A third was performing overhead work on an unsecured ladder. It shifted. He fell. His legs were broken in multiple places. He underwent surgery, and the road to recovery was long and uncertain. The ladder had been worn, unstable, and improperly secured. Yet another violation of safety law, and another preventable injury.

Three workers. Three unsafe jobsites. Three lives changed forever.

We fought for each of them and successfully secured:

• $5.5 million for the family of the highway worker electrocuted by a negligently exposed power line.
• $2.48 million for the ladder fall victim whose job site failed to provide basic fall protection.
• $1.9 million for the bridge worker denied the harness that could have saved him from a devastating fall.

At De Caro & Kaplen, LLP, we don’t just handle construction injury cases, we lead them. With over 45 years of experience and a deep knowledge of New York’s Labor Laws, we hold negligent contractors and property owners accountable when they cut corners on safety.

If you or a loved one has been injured on a job site, we’re ready to fight for you. Contact us today for a free consultation.

Here are 5 reasons to choose De Caro & Kaplen, LLP to represent you in your construction accident case.

1. We’ve been representing construction workers in New York for over 45 years

You can put your trust in our experience. Our firm’s partners, Shana De Caro and Michael Kaplen, are highly rated attorneys who have been representing construction workers for more than 45 years. In that time we have represented clients who have sustained back injuries, brain damage, fractures, electrical injuries, and burns from a variety of construction site accidents. We’ve seen it all.

2. We understand the complexities of labor law in New York

We’re knowledgeable about complex New York labor laws, OSHA regulations, and construction codes and practices. This insight will help us prove why the contractor, employer, manufacturer, or other party is to blame for your injuries.

3. You’ll work directly with our partners

You’ll work directly with one of our partners, who will always treat your case as a top priority. You can expect open communication, honest answers to your questions, and compassionate support throughout your legal experience.

4. We’re prepared to go the distance

Unlike some other law firms, we’re fully prepared to go to court to recover full compensation for your injuries. We prepare every case as if it will go to trial and if a satisfactory settlement is not forthcoming we’ll fight your corner in court.

5. You’ll only pay us if we win

We work on a contingency basis, which means there are no up-front fees when you hire us for your construction accident case. Our fee is completely dependent on successfully recovering compensation for you.

We invite you to visit our bio pages (Shana, Michael) for more information on our credentials, or follow the links below.

• We are preferred attorneys of The Brain Injury Association of America (link)
• Michael is a professorial lecturer at law, teaching a course in brain injury law at the George Washington University Law School (link)
• Shana De Caro served two terms as Chairwoman of The Brain Injury Association of America (link)
• Michael served two terms as Chair of the New York State Traumatic Brain Injury Services Coordinating Council (link)
• Both Shana and Michael have been selected as New York Super Lawyers (link, link)

If you were injured on or near a construction site due to unsafe conditions, defective equipment, or third-party negligence, you may have a construction injury case. New York's powerful Labor Laws provide exceptional protections for construction workers. And our attorneys have secured life-changing compensation for countless clients facing devastating worksite injuries.

Construction remains one of America's deadliest industries. In 2023 alone, 1,075 construction workers died nationwide (OSHA.gov). That’s nearly 1 in 5 workplace deaths despite construction employing just 6% of the workforce. Here in New York City, we saw 841 construction incidents in 2023, resulting in 692 worker injuries (source).

The good news? Most of these accidents are preventable. And when they occur due to negligence, the law is on your side.

The sobering reality: Falls caused 421 construction deaths nationwide in 2023, 39% of all construction fatalities (source). In NYC, 4 of 7 construction deaths in 2023 were from falls, continuing a deadly trend where falls have comprised 58% of construction deaths over the past decade (source).

New York's Labor Law §240(1)—the "Scaffold Law"—mandates strict fall protection and holds employers strictly liable when they fail to provide it. We've won cases involving:

• Collapsing scaffolds (25% of fatal falls in NYC - source)
• Unsecured ladders (16% of fatal falls)
• Missing guardrails and fall arrest systems
• Open elevator shafts and floor openings

The injuries are catastrophic: traumatic brain injuries, spinal cord damage, broken bones, death. When employers cut corners on fall protection, they face absolute liability under New York law.

The statistics are staggering: Approximately one-third of New York City construction fatalities result from workers being struck, crushed, or caught by objects. In 2020 alone, 65 NYC accidents involved falling materials, causing 25 injuries and 2 deaths.

Even more alarming; on average one NYC bystander per month is injured by construction debris, with 2014 seeing a record 22 bystanders hurt in 18 separate incidents (source).

We've successfully handled cases involving:

• Improperly stacked materials on upper floors
• Tools falling from scaffolds
• Defective crane rigging
• Wall and ceiling collapses

The devastating results: skull fractures, concussions, facial trauma, internal bleeding. These accidents are entirely preventable through proper netting, tethering, and debris containment.

Electrocution accounts for 7-9% of construction fatalities nationwide (source) and are part of OSHA's "Fatal Four" hazards that cause 85% of all construction deaths in New York State. Even non-fatal electrical accidents can destroy lives through:

• Cardiac arrest and deep burns
• Permanent nerve damage
• Long-term neurological effects

Common causes include contact with live wires, improperly grounded equipment, faulty power tools, and inadequate lockout/tagout procedures. These cases demand expert investigation. Our attorneys have the experience to prove fault and secure maximum compensation.

The alarming trend: OSHA reported 39 trench-related deaths in 2022, more than double the 15 in 2021 and the highest toll in five years. When trenches collapse, workers can be buried in seconds under tons of soil.

Recent tragedies include the 2023 JFK Airport trench collapse that killed two workers. Survivors often face crush injuries, asphyxiation trauma, and PTSD. Despite detailed OSHA guidelines requiring protective shoring in trenches deeper than 5 feet, contractors continue cutting deadly corners.

In NYC 2023, mechanical equipment was the second-leading cause of construction accidents after falls. Nationally, about 75% of "struck-by" deaths involve heavy equipment like trucks and cranes.

When equipment fails or is misused, the results are catastrophic: crushed limbs, amputations, internal trauma, fatalities. We've successfully pursued claims against negligent contractors and equipment manufacturers for:

• Lack of proper training
• Defective machinery and poor maintenance
• Communication failures and blind spots
• Unsecured loads

The frightening statistics: 98 U.S. construction workers died in demolition accidents in 2019, the highest death toll in over a decade. In NYC, many of the 24 construction fatalities in 2019 occurred during demolition work.

These preventable tragedies often stem from violations during teardown: inadequate shoring, lack of engineering surveys, failure to clear areas. The results endanger not just workers but entire neighborhoods. We've seen cases where individuals were injured blocks away from poorly planned demolitions.

While acute toxic exposures represent only about 4% of construction injuries nationally, the long-term consequences can be devastating. Workers routinely face:

• Asbestos (leading to mesothelioma)
• Silica dust (causing silicosis)
• Lead paint and toxic solvents
• Inadequate respiratory protection

We work with medical experts to prove causation and pursue full compensation for both immediate injuries and future medical needs.

Construction companies have a legal obligation to protect the public, yet bystander injuries remain common. We represent:

• Passersby struck by debris
• Shoppers injured in building collapses
• Tourists harmed by sidewalk cave-ins
• Motorists injured in work zones (117 killed nationally in 2021)

High-profile cases, like the 2015 death of a passerby killed by dislodged construction fencing, have led to tighter NYC regulations, but hazards persist.

If you've been injured on or near a New York construction site, the statistics make one thing clear: you're not alone, and you deserve justice.

With decades of experience navigating Labor Law protections, OSHA violations, and complex multi-party liability cases, De Caro & Kaplen, LLP has both the skill and dedication to fight for your full and fair compensation.

Don't let negligent contractors and site owners escape accountability. Contact us today for your free consultation.

Every construction accident case is unique. And the compensation you are entitled to will depend on the specifics of your injury, and the negligence or recklessness of those responsible.

But below are some examples of previous verdicts and settlements achieved by our firm on behalf of clients who have sustained an injury on a New York construction site.

• $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.

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.

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.

Our construction 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.

Filing a lawsuit can be stressful. But our partners maintain a limited caseload in order to provide attentive client support and eliminate as much anxiety as possible. You’ll feel confident knowing you have a qualified attorney by your side at every step of your case.

Concerned about the costs of hiring a lawyer for your construction accident case? Don’t be. You pay no attorney fees unless we win a settlement or favorable judgment on your behalf.

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.

Don’t let evidence disappear or deadlines expire. Reach out now, and let’s start building the strongest claim possible, together.