Construction Accident Settlements 

The Settlement Process  

When pursuing a third-party personal injury claim after a construction accident, the settlement process typically involves several key steps to secure fair compensation.  

Here’s what injured workers can expect: 

• Case Investigation and Evidence Gathering. Your attorney will begin by conducting a thorough investigation into the accident. This includes collecting medical records, safety reports, photographs, witness statements, and expert testimony to build a strong case demonstrating how the third party’s negligence caused your injuries. 
• Establishing Liability. A crucial part of the settlement process is identifying which parties are legally responsible. Your legal team will analyze whether property owners, contractors, subcontractors, or other entities failed to comply with safety regulations or violated New York Labor Laws 200, 240, or 241, which can establish liability even without direct proof of negligence.  
• Calculating Damages. Your attorney will assess the full scope of your damages, including medical expenses, lost wages, reduced earning capacity, pain and suffering, and future medical or rehabilitation needs. This figure forms the basis for the compensation you seek in settlement negotiations. 
• Demand Letter and Negotiation. Once liability and damages are documented, your attorney will submit a formal demand to the responsible parties or their insurance carriers. This begins the negotiation phase, where both sides attempt to reach a fair resolution. Your attorney advocates on your behalf to ensure any offer reflects the full impact of your injuries and losses. 
• Mediation or Settlement Conferences. If initial negotiations stall, the parties may participate in mediation—a structured, non-binding process facilitated by a neutral third party. Mediation can help resolve disputes and lead to a mutually agreed-upon settlement without going to court. 

Your attorney may recommend filing a lawsuit if a reasonable settlement cannot be reached. A trial allows a judge or jury to decide the outcome, but it also involves greater time and cost. That said, many cases still settle before trial, sometimes even during the trial process. 

Statute of Limitations 

In New York, the construction accident statute of limitations is generally three years from the accident date. If the incident involved a building owned by a public entity, such as a school or a U.S. Post Office, the deadline is often as little as 90 days from the time of the incident. Schedule a free consultation as soon as possible to avoid missing any critical deadlines.  

Understanding New York Labor Laws 

The ability to pursue a third-party claim, in addition to workers’ comp benefits, depends on the specific facts and legal responsibilities involved in your case. Further, New York’s Labor Laws provide powerful legal protections for injured construction workers. These laws establish specific duties for property owners, contractors, and other responsible third parties—allowing injured workers to pursue third-party lawsuits when safety standards are violated. 

Here’s how each statute works: 

• Labor Law 200 – General Duty to Provide a Safe Workplace. This statute codifies the duty of owners and contractors to maintain a reasonably safe work environment. It applies when injuries result from dangerous site conditions. To bring a claim under § 200, the worker must show that the property owner, general contractor, or another responsible third party had control over the work site or the specific hazardous condition that caused the injury. 
• Labor Law 240 – The “Scaffold Law.” This statute imposes strict liability on property owners and general contractors (but not subcontractors or employers) when a worker is injured due to a fall from a height or being struck by a falling object during construction, demolition, repair, or similar elevation-related work. Liability arises when the injury is caused by the failure to provide proper safety equipment, such as scaffolds, ladders, harnesses, or other fall protection devices. Importantly, the injured worker does not need to prove negligence—only that a violation of the statute occurred and that it was the proximate cause of the injury. 
• Labor Law 241 – Specific Safety Regulations. This statute requires that construction, excavation, or demolition work comply with specific safety regulations in the New York State Industrial Code. If a worker is injured due to a violation of one of these detailed provisions—such as inadequate flooring, faulty scaffolding, or lack of required protective equipment—they may have grounds for a third-party personal injury claim. 

Determining Third-Party Liability in Construction Accidents 

Determining liability in a third-party construction accident claim involves a thorough legal and factual investigation to identify all individuals or entities—other than the injured worker’s direct employer—whose negligence contributed to the accident.  

Your attorney will examine the details of the accident, focusing on how it occurred, which parties had control over the worksite, and whether appropriate safety measures were implemented or missing. They will examine construction contracts, incident reports, OSHA records, witness statements, and video or photo evidence to determine which parties had a legal duty to maintain safe conditions.  

Key questions may include:  

1. Did a contractor fail to provide proper safety equipment?  
2. Did a property owner ignore known hazards?  
3. Was a subcontractor’s negligence involved?  
4. If state labor laws such as Labor Law 200, 240, or 241 were violated, liability may be imposed without establishing negligence. 

 Once the responsible parties are identified, your attorney can file a personal injury claim on your behalf to seek full compensation for your injuries. 

Notable Construction Accident Settlements 

At Rheingold Law, we have an over 50-year history of obtaining significant NYC construction accident settlements, including:  

• $2.032 million for a defective scaffolding injury. This was a labor law verdict for a man injured at a construction site due to a defective scaffold. 
• $2 million settlement for an unsafe worksite after a saw cut through a man’s right tibia.   
• $1.6 million verdict for a man who fell from a ladder at a dangerous construction site, resulting in traumatic brain injury. 

These case results demonstrate our deep commitment to securing justice for our clients and the substantial resources and experience we bring to every construction accident case. Our proven track record reflects our unwavering dedication to achieving the best possible outcomes, no matter how complex the challenge. 

Start with a Free Consultation  

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our attorneys are committed to advocating for construction accident victims. We serve workers in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and the NYC metro area. We’re here to hit the ground running when you’re ready to act. Find out why New Yorkers turn to us for help. Contact a New York construction accident attorney online to request a free consultation. Nosotros hablamos español.