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Do I Have a Construction Accident Case?

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.

Falls from Heights: New York's #1 Construction Killer

"Falls are the number one cause of death on construction sites. New York's Labor Laws are designed to hold contractors and owners accountable when they fail to provide fall protection."

Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Struck by Falling Objects: A Monthly Tragedy

michael kaplen

"Construction sites are full of potential overhead hazards. When debris, tools, or materials are not properly secured, people below are at risk of catastrophic injury."

Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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: Among the "Fatal Four"

"Electricity is one of the deadliest elements on a job site. Exposed wiring, defective equipment, or failure to de-energize circuits can result in tragic—and preventable—outcomes."

Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Trench Collapses: A Rising Deadly Threat

michael kaplen

"Trench work is inherently dangerous, and strict regulations exist for a reason. When contractors ignore safety protocols, the results can be fatal."

Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Heavy Machinery: Deadly When It Fails

michael kaplen

"Heavy machinery must be maintained, inspected, and operated safely. When it's not, the consequences are almost always severe."

Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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

Demolition: Deadly by Design

"Demolition must follow precise engineering and safety standards. Cutting corners can lead to uncontrolled collapses and catastrophic injuries."

Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Toxic Exposure: The Silent Killer

"Construction workers face invisible dangers too. Prolonged exposure to dust, fumes, or chemicals can result in lifelong illness."

Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Public at Risk: When Construction Zones Become Danger Zones

michael kaplen

"Construction zones don't just endanger workers—they can harm everyday New Yorkers walking past. Barriers, signage, and proper debris control aren't optional."

Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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 were injured in a construction site accident in New York our attorneys can help you get the justice and compensation you deserve. Find out more about our legal representation for construction accident injuries.

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