Personal Injury: Construction Accidents

Construction Sites Are Dangerous

In New York City (NYC) alone, thousands of major construction projects — involving more than 170 million square feet — are currently under way across all five boroughs. ⁽¹⁾ And the construction industry is very dangerous. In fact, the “fatal injury rate for the construction industry is higher than the national average… for all industries.” ⁽²⁾

Out of 5,283 worker fatalities in private industry in 2023, there were 1,075 — almost 20% — in construction. ⁽³⁾ In NYC that year, 24 construction workers died from work-related injuries. ⁽⁴⁾

Workers and Passersby Get Hurt

Construction workers are not the only ones hurt in construction-related accidents. A woman was killed when a large metal cylinder crashed into her. It escaped from a nearby construction site on a university campus. ⁽⁵⁾

In fact, according to The Wall Street Journal, “Construction accidents regularly injure passersby.” At least once a month, “a passerby is injured near a New York City construction site.” The hazard can be anything from falling debris, construction tools, and glass to windblown fencing and collapsing sidewalk sheds. ⁽⁶⁾

More than 630 construction incidents occurred in 2024 in NYC. These resulted in more than 480 injuries and 7 deaths. ⁽⁷⁾

Types of Construction Accidents

The four main types of construction related accidents responsible for workplace deaths are falls, struck-by incidents, caught-in/between, and electrocution. ⁽⁸⁾ “The ‘Fatal Four’ accounts for a majority of fatalities in construction.” ⁽⁹⁾

Falls, slips, and trips resulted in 19 fatalities in 2023 in NYC. Exposure to harmful substances or environments also resulted in 19 fatalities. Each of these types of fatal events accounted for 28% of all fatal work-related injuries. ⁽¹⁰⁾

Construction accidents led to the most fatalities of all private industries in 2023. The category of falls, that includes slips and trips, made up 39.2% of construction fatalities — 421 deaths. ⁽¹¹⁾

Accidents can also occur when working with concrete. People can experience eye, skin, and respiratory tract irritation when exposed to cement dust. Exposure to wet concrete can result in chemical burns. Equipment accidents and overexertion can also lead to injuries. ⁽¹²⁾

New York has comprehensive, rigorous, detailed instructions for Protection in Construction, Demolition, and Excavation Operations. ⁽¹³⁾

These topics indicate the many ways construction sites can lead to serious injuries and accidents if proper precautions are not taken: ⁽¹⁴⁾

• Hand tools.
• Lumber and nail fastenings.
• Power-driven machinery.
• Electrical hazards.
• Safety railing.
• Sidewalk sheds and barricades.
• Ladders and ladderways.
• Structural runways, ramps, and platforms.
• Roof work.
• Lead fumes and dust from structural steel.
• Safety notices, warning, and avoidance.
• Protection for persons passing by construction, demolition, or excavation operations.

Protection for People Passing By

In particular, protection for persons passing by construction, demolition, or excavation operations states: ⁽¹⁵⁾

• “Every area, building or other structure where construction, demolition or excavation work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as not to endanger any person passing by on any sidewalk, street, highway or other public or private thoroughfare.”
• “The means, methods, procedures, devices or structures used to provide such protection and safety shall include but not be limited to railings, fences, barricades, sheeting and shoring, sidewalk sheds, temporary walkways and temporary roadways. Such means, methods, procedures, devices or structures shall be selected to provide the required protection and safety in accordance with the particular hazard or hazards involved.”

Entire topics from New York State’s Department of Labor also address: ⁽¹⁶⁾

• Falls from scaffolds and ladders.
• Combustion devices.
• Structural steel assembly.
• Gases and exhaust piping.
• Forklift accidents.
• Exposure to dangerous chemicals, such as lead fumes.

Worker falls are the leading cause of construction related injuries and fatalities in NYC. ⁽¹⁷⁾

Injuries from Construction Accidents

Death can result from construction accidents. Falls alone led to close to 40% of construction related worker deaths in the U.S. in 2023. ⁽¹⁸⁾

Construction accident injuries can range from minor scrapes to more serious injuries, including: ^{(19) (20) (21) (22) (23) (24) (25) (26)}

• Sprains, strains, and tears.
• Fractures and broken bones.
• Cuts, lacerations, and punctures.
• Blows to the head that result in brain injury.
• Heat-related and chemical burns.
• Amputations.
• Multiple traumatic injuries all at the same time.
• Electrocution.
• Illnesses caused by dangerous chemical exposure.

Legal Options

If you were injured at a construction site while working as an employee for a specific employer, you can file for workers’ compensation through your employer. If you are an employee, the company you are working for withholds income tax, Social Security, and Medicare from your wages. Your employer is responsible for following labor and employment laws. ⁽²⁷⁾

If you are an independent contractor and got injured while working at a construction site, you need to contact a lawyer specializing in personal injury law to receive compensation for your injuries. For independent contractors, “the company does not withhold taxes. Employment and labor laws also do not apply” to you. ⁽²⁸⁾

Negligence: Who Was Responsible?

Whether you were a passerby who was injured because of a construction-related accident or you were an independent contractor working at a construction site when you were injured, you need to consult with a reputable and experienced personal injury attorney about seeking compensation.

Your attorney helps you consider who was responsible for your accident? Was it the person or company that employed you? Or a third party? Maybe several people were negligent.

Your lawyer must prove that someone had a duty of care, breached their duty of care, your injuries were caused by the breach, and you were damaged by the breach. These are all legal terms that your attorney can help you understand.

Product Liability Claims

If you were hurt using a particular piece of equipment at a construction site, you may be able to file a product liability claim if that product was defective.

There are three types of product liability claims for defects: ⁽²⁹⁾

• Design defects. Design defects mean the product was poorly designed and was inherently defective before it was ever manufactured.
• Manufacturing defects. Manufacturing defects take place during construction or production of the product.
• Defects in marketing. Defects in marketing might refer to improper instructions about how to use or assemble the product. Defects might also refer to failure to warn people about potential dangers of using the product.

Common Potentially Defective Construction Site Products

Common potentially defective construction site products include: ^{(30) (31)}

• Power tools.
• Ladders.
• Vehicles.
• Scaffolding.
• Chemicals.
• Steel, lumber, roofing materials, and nail fastenings.

How W&L Can Help

If you have been injured or a loved one has been killed due to a construction-related accident, you should examine your legal options.

Weitz & Luxenberg is a law firm recognized nationwide for its efforts in helping thousands of clients receive appropriate compensation for significant personal injuries due to the negligence of others. Not only are we one of the most experienced and knowledgeable personal injury law firms in the country, we are NYC’s largest personal injury litigation firm in the region.

Our attorneys are prepared to review your case and take legal action that best suits your specific circumstances. We have a solid winning track record.

Here are some examples of construction accident cases Weitz & Luxenberg won for our construction worker clients:

• $4 million settlement for a union painter who fell from a scaffold.
• $1.25 million settlement for a laborer hit by a cinder block wall.
• $950,000 settlement for our client who fell from a lift truck.
• Six-figure financial settlement for an ironworker who stepped into an unmarked hole at his jobsite.
• $370,000 in compensation for a carpenter who was inured due to an unsecured tarp.
• Large financial settlement for an undocumented worker who fell from a baker scaffold.
• $1.1 million settlement for a union carpenter who fell while carrying sheet rock up a ladder.
• $625,000 settlement for our client who fell when the scaffold platform he was standing on collapsed.

Updated January 2026