A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Construction Site Injuries Attorney — Downtown Brooklyn

Protecting Your Recovery

A Guide to Construction Site Injury Claims

If you were hurt on a construction site in Downtown Brooklyn, you need clear, practical information about your legal options and next steps. Construction site incidents can result in serious physical harm and complex claims that may involve workers’ compensation benefits, third-party claims against contractors or equipment manufacturers, and negotiations with insurers. This page explains common causes of construction injuries in Kings County, how to document and preserve evidence, and timelines for pursuing claims in New York. The Ahearne Law Firm PLLC represents individuals in construction injury matters and can be contacted at (845) 986-2777 to discuss how the law applies to your situation.

Construction site injury cases often require prompt action to protect rights and preserve critical proof such as photographs, witness statements, and incident reports. In many situations there will be overlapping avenues for recovery, including workers’ compensation benefits through an employer and separate claims against negligent third parties. Understanding which path applies depends on the facts of the accident, who controlled the job site, and the nature of the injury. Allan J. Ahearne, Jr. and the team at The Ahearne Law Firm PLLC can explain likely options, typical timelines under New York law, and how to proceed while you focus on medical care and recovery.

Why Legal Guidance Matters After a Construction Injury

Seeking informed legal guidance after a construction site injury can help preserve critical evidence, establish liability, and make sure medical and financial losses are properly documented. A methodical approach reduces the risk of missed deadlines and overlooked compensation sources, such as potential third-party claims in addition to workers’ compensation. Having someone who understands how insurers and contractors typically handle these claims can increase the likelihood that medical bills, lost earnings, and future care needs are considered in any resolution. Timely communication and organized documentation also support stronger negotiations and a clearer path to a fair settlement or court resolution if needed.

About The Ahearne Law Firm and Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC represents people injured in construction accidents across New York, including Downtown Brooklyn and Kings County. Led by Allan J. Ahearne, Jr., the firm focuses on helping clients secure medical care, document loss, and pursue compensation from all available sources. The team emphasizes clear communication and practical guidance so that injured workers and their families understand the options available. If you need assistance with claims, reporting procedures, or gathering the necessary documentation to support a recovery, contacting the firm by phone at (845) 986-2777 is a straightforward first step toward protecting your legal rights.

Understanding Construction Site Injury Claims

Construction site injury claims often involve a mix of legal and administrative processes that can include workers’ compensation benefits, third-party liability claims, and coordination with medical providers. Workers’ compensation typically provides wage replacement and medical coverage for injuries arising out of and in the course of employment, while a third-party claim may be available if a contractor, equipment manufacturer, property owner, or other non-employer party contributed to the accident. Distinguishing between these paths requires careful review of who was responsible for the work, jobsite control, and the cause of the incident. Timely documentation and witness statements are particularly important in establishing responsibility.

Common construction injuries include falls from scaffolding or ladders, struck-by incidents from equipment or materials, trench collapses, and electrical injuries. Each type of injury can have different implications for recovery, from urgent medical treatment to long-term rehabilitation and future care needs. In New York, there are strict timelines for filing claims and pursuing legal action, so beginning the documentation process early helps preserve rights. Maintaining thorough medical records, incident reports, and contact information for witnesses supports a stronger presentation of damages and helps explain the full impact of the injury on work and daily life.

Need More Information?

Key Terms and Glossary

Workers' Compensation

Workers’ compensation is an administrative system that provides medical care and wage replacement benefits to employees who suffer job-related injuries or illnesses. The program aims to ensure prompt treatment and partial wage recovery while limiting the need for prolonged litigation between workers and employers. In New York, injured workers generally file a claim through the workers’ compensation board and follow specific reporting and medical authorization procedures. While workers’ compensation covers many workplace injuries regardless of fault, it does not always provide compensation for pain and suffering, which is why additional claims against third parties may be pursued when appropriate.

Third-Party Liability

Third-party liability refers to claims against individuals or companies other than an injured worker’s employer when their actions or equipment contributed to the accident. Examples include claims against a subcontractor that failed to secure scaffolding, a property owner who allowed unsafe conditions, or a manufacturer of defective safety equipment. A successful third-party claim can provide compensation for pain and suffering, lost earnings, and future care beyond what workers’ compensation covers. Establishing third-party liability requires showing that the non-employer party owed a duty of care, breached that duty, and that the breach caused the injury and resulting damages.

Negligence

Negligence is the legal concept used to determine responsibility when harm occurs because someone failed to act with reasonable care. In a construction context, negligence might involve failing to secure a work area, not providing adequate fall protection, or operating machinery without appropriate safeguards. To prove negligence in a civil claim, it is typically necessary to show that a duty existed, that the duty was breached, and that the breach directly caused the injury and resulting losses. Evidence such as safety records, maintenance logs, witness statements, and site photographs can help demonstrate negligence and link it to the harm suffered.

Statute of Limitations

The statute of limitations is the legally prescribed window of time to file a civil lawsuit after an injury occurs, and it varies by claim type and jurisdiction. In New York, different deadlines can apply depending on whether the claim is against an employer, a third party, or involves a particular type of defect or condition. Missing the applicable deadline can result in losing the right to pursue compensation in court, which is why prompt action and timely filing are important. Consulting with a legal representative early helps identify the deadlines that apply and ensures that required notices and paperwork are filed within the required timeframes.

PRO TIPS

Preserve Evidence Immediately

After a construction accident, preserving physical evidence and documentation is an immediate priority because conditions at the site can change quickly and witnesses may be dispersed. Take photographs of the scene, damaged equipment, and any visible injuries, and keep copies of incident reports, medical records, and employer communications. Collect contact information from coworkers and anyone who saw the incident so statements can be gathered while memories are fresh and details remain reliable.

Report the Injury and Seek Care

Report the incident to your employer promptly and seek medical attention right away, even if symptoms seem mild at first, because some injuries manifest or worsen over time. Follow medical advice, keep detailed records of treatments and diagnoses, and retain copies of all bills and appointments. Timely reporting and documentation help protect eligibility for benefits and support any subsequent claims for compensation.

Document Wage and Treatment Losses

Keep careful records of missed work, reduced earnings, and any out-of-pocket expenses related to the injury, including receipts for travel and medication. Obtain employment records, pay stubs, and written verification of lost hours when possible, because these items are important components of economic damages. Detailed documentation of income and medical needs strengthens the presentation of losses during negotiations or hearings.

Comparing Legal Paths After a Construction Injury

When a Full Claim Is Appropriate:

Multiple Responsible Parties

A comprehensive claim is often necessary when more than one party may be responsible for the accident, such as a subcontractor who performed the work, a general contractor who controlled the site, and a manufacturer whose equipment failed. Pursuing all viable claims helps ensure that your full range of losses, including future medical needs and non-economic damages, is considered. Coordinating multiple claims requires careful investigation, gathering of employment and contract documents, and strategic negotiation to hold each responsible party accountable and maximize the avenues for recovery.

Severe or Long-Term Injuries

When an injury results in long-term disability, ongoing medical care, or permanent impairment, a comprehensive approach may be needed to secure compensation that addresses future treatment costs and lost earning potential. Evaluating future care needs, rehabilitation expenses, and diminished capacity to work requires careful documentation from medical providers and economic analysis. A thorough claim strategy considers both immediate expenses and projected long-term losses to seek an outcome that accounts for the full scope of the injury’s impact.

When a Limited Claim May Be Appropriate:

Minor Injuries With Short Recovery

If an injury is minor and fully resolved with short-term treatment, pursuing workers’ compensation benefits alone may be the most practical and efficient path, avoiding extended disputes or litigation. In these situations, collecting medical records, following prescribed care, and filing the appropriate administrative claim can allow for reimbursement of medical costs and partial wage replacement. A limited approach focuses on quick resolution so you can return to normal activities while preserving any rights to additional recovery if new information or complications arise.

Clear Workers' Compensation Coverage

When the facts clearly place the injury within the scope of employment and workers’ compensation fully covers medical treatment and wage loss, pursuing only the administrative benefit system may be appropriate. This can streamline the process, reduce complexity, and provide timely benefits without the need for separate civil claims. Even in straightforward cases, keeping careful records and understanding potential exceptions to coverage helps protect long-term interests and prevents surprises if complications develop later.

Common Construction Injury Scenarios in Downtown Brooklyn

Falls from Heights

Falls from scaffolding, ladders, or elevated platforms often lead to serious injuries that require immediate medical care and may result in extended recovery and rehabilitation; documenting the work conditions, fall protection measures, and maintenance history of equipment is essential to show how the fall occurred and who may be responsible. Prompt collection of photographs, witness accounts, medical records, and any site inspection reports supports claims for medical expenses, lost wages, and other damages when safety protocols were not followed or equipment was defective.

Struck by Equipment or Materials

Being struck by heavy equipment, falling materials, or moving vehicles on a work site can cause fractures, head injuries, and internal trauma that require extensive medical care and may lead to prolonged inability to work; identifying who controlled the equipment and how it was operated helps determine liability. Collecting equipment inspection logs, operator statements, and employer reports, along with medical documentation, is important for establishing a link between the unsafe operation or storage of materials and the injuries sustained.

Trenching, Collapse, and Electrical Hazards

Trench collapses, structural collapses, and electrocution incidents present grave risks that often require urgent medical intervention and long-term care planning, and these events typically trigger investigations into jobsite safety practices and compliance with applicable regulations. Gathering OSHA or inspection reports, witness testimony, and maintenance records, and preserving evidence from the scene, can be essential to showing how hazardous conditions or negligent practices contributed to the accident and to seeking appropriate compensation for injuries and losses.

Downtown Brooklyn Construction Site Injury Attorney

Why Choose The Ahearne Law Firm

The Ahearne Law Firm PLLC provides practical legal guidance to individuals injured on construction sites in Downtown Brooklyn and throughout New York. Allan J. Ahearne, Jr. and the firm focus on helping clients navigate workers’ compensation claims and any separate civil claims that may arise against non-employer parties. The firm emphasizes timely communication, careful case preparation, and thorough documentation so that clients understand the options available and can make informed decisions about how to pursue recovery for medical costs, lost wages, and other losses.

Clients work with the firm to gather essential evidence, coordinate medical documentation, and assess all possible avenues for compensation, including wage replacement and third-party claims when appropriate. The Ahearne Law Firm seeks to resolve matters efficiently while protecting clients against premature settlement offers that do not fully account for future needs. The firm can explain fee arrangements, required notices, and procedural steps so that injured individuals and their families have clarity during the recovery process and can focus on healing.

Contact Us for a Free Consultation

People Also Search For

construction site injury attorney downtown brooklyn

construction accident lawyer kings county

scaffolding fall attorney brooklyn

trench collapse injury lawyer ny

electrocution construction injury brooklyn

third-party construction accident claim

workers compensation construction ny

construction equipment accident attorney

FAQS

What should I do immediately after a construction site injury in Downtown Brooklyn?

Immediately after a construction site injury, seek medical attention without delay because timely diagnosis and treatment help protect your health and support any later claim. Report the incident to your employer or supervisor as required, and ask for a written incident or accident report to be filed. While focusing on care, take or arrange for photographs of the scene, equipment, and any visible injuries, and gather contact information from coworkers or others who witnessed the event so statements can be collected while memories are recent. Keep copies of all medical records, bills, and employer communications, and maintain a diary of symptoms, appointments, and the effect of the injury on daily life and work. Preserve clothing or equipment related to the incident if safe and permitted, and avoid altering the accident scene until evidence is documented whenever possible. Contacting The Ahearne Law Firm PLLC for an initial discussion can help clarify reporting requirements, filing deadlines, and options for pursuing workers’ compensation and any third-party claims.

Can I receive workers' compensation and still sue a third party?

Yes, you can often receive workers’ compensation benefits and still pursue a separate civil claim against a third party who contributed to the injury, such as a subcontractor, property owner, or equipment manufacturer. Workers’ compensation provides no-fault medical coverage and wage replacement for job-related injuries, but it typically does not compensate for pain and suffering or full economic losses tied to third-party negligence, which a civil claim seeks to address. Coordination between the two paths requires attention to liens, subrogation interests, and proper allocation of damages. Pursuing a third-party claim involves proving that the non-employer party had a duty, breached that duty, and caused your injury. Evidence such as safety records, maintenance logs, witness statements, and site photographs supports a third-party claim. An early assessment helps identify potentially responsible parties and preserves evidence needed to pursue all available sources of recovery alongside workers’ compensation benefits.

How long do I have to file a lawsuit for a construction injury in New York?

The deadline to file a civil lawsuit for personal injuries in New York is commonly governed by the statute of limitations, which is generally three years from the date of the injury for many negligence claims, but there are important exceptions depending on the parties involved and the nature of the claim. Claims against governmental entities, claims involving latent construction defects, or other specialized claims may have shorter deadlines or unique notice requirements, so it is important to determine which deadlines apply as soon as possible to avoid losing the right to sue. Workers’ compensation claims follow different administrative timelines and notice rules that require reporting the injury within a specific period and filing certain forms with the appropriate agency. Failing to meet administrative deadlines can affect benefits, so timely reporting to your employer and prompt filing with the workers’ compensation board are essential steps in protecting your rights and ensuring access to medical and wage replacement benefits.

What types of damages can I recover after a construction accident?

Damages available after a construction accident can include reimbursement for medical expenses, compensation for lost wages and diminished earning capacity, and recovery for pain and suffering and emotional distress in civil claims against negligent third parties. When injuries result in long-term or permanent impairment, compensation can also cover anticipated future medical care, assistive devices, and vocational rehabilitation. Economic damages are supported by bills, pay records, and expert assessments, while non-economic damages rely on medical documentation and testimony about the injury’s impact on daily life. In workers’ compensation cases, benefits typically focus on medical care and wage replacement, and do not usually include compensation for pain and suffering; this is why third-party claims are pursued when appropriate. Understanding which damages are available under each path helps injured individuals and their advisors frame a recovery strategy that accounts for immediate needs and long-term financial security.

How is liability proven in construction site injury cases?

Liability in construction site injury cases is established by demonstrating that a party owed a duty of care, breached that duty through negligent action or inaction, and that the breach was a proximate cause of the injury and resulting damages. Evidence used to establish liability includes incident reports, site safety policies, maintenance and inspection records, training documentation, and statements from witnesses and co-workers who observed the unsafe condition or event. Photographs, video, and physical evidence from the scene can be particularly persuasive in showing how the accident occurred. In some cases, contractual relationships and construction schedules help identify which party controlled a particular aspect of the work and therefore bore responsibility. For example, contractors who control site safety or equipment maintenance may have different obligations than temporary subcontractors. Careful investigation and review of contracts, work orders, and site supervision practices are often necessary to identify all potentially liable parties and to assemble the proof needed for a successful claim.

Do I need medical records and witness statements to support my claim?

Medical records and witness statements are fundamental to supporting both workers’ compensation claims and civil claims, because medical documentation links treatment to the injury and shows the extent and duration of care required. Records from emergency visits, imaging, specialist consultations, and rehabilitation sessions help establish the nature of the injury, expected recovery trajectory, and any ongoing needs. Without clear medical documentation, it is more difficult to quantify damages and to rebut defenses that the injury was preexisting or unrelated to the workplace event. Witness statements provide contemporaneous accounts of how the accident occurred and who was present, which can corroborate a claimant’s version of events and clarify issues such as equipment operation, safety measures in place, and the conditions that contributed to the injury. Gathering witness contact information and written statements early helps preserve testimony that may otherwise fade or become unavailable over time, and supports a coherent presentation of facts to insurers, administrative bodies, or a court.

What if my employer denies a workers' compensation claim?

If an employer denies a workers’ compensation claim, there are administrative procedures to challenge that denial through the workers’ compensation board, which typically include filing an application or request for a hearing and presenting medical and employment evidence. The process allows claimants to introduce medical reports, testimony, and other documentation to establish that the injury arose out of and in the course of employment. Timely filing and adherence to procedural rules are important when contesting a denial, and maintaining treatment records and employment documentation supports the claimant’s position. If administrative appeals are required, participating in hearings and submitting robust evidence helps present a strong case for benefits. In parallel, exploring whether a third-party claim exists can provide an alternative avenue for recovery if another party’s negligence contributed to the incident. Understanding the administrative steps and rights under the workers’ compensation system helps individuals respond effectively to denials and preserve other recovery options.

How are settlements negotiated for construction injury claims?

Settlement negotiations for construction injury claims typically begin with an assessment of medical records, wage loss documentation, and estimates of future needs, followed by demand communications with an insurer or responsible party. Parties exchange information, may participate in mediation or informal settlement discussions, and evaluate the strengths and weaknesses of the evidence. Settlement offers take into account liability exposure, severity of injury, potential future medical care costs, and the likely outcomes of litigation or administrative proceedings, aiming to resolve claims without a protracted hearing or trial. During negotiations, it is important to carefully review any proposed release or settlement documents to ensure they fully address current and anticipated losses. Structured settlements or specific provisions for future medical needs may be appropriate in some cases. A methodical review of the offer and clear documentation of damages help injured individuals make informed decisions about whether a proposed resolution fairly compensates for both present and future impacts of the injury.

Will OSHA be involved after a construction accident?

OSHA and other workplace safety regulators may become involved after a construction accident, particularly when the incident suggests a systemic safety violation or a serious hazard that endangers multiple workers. OSHA inspections, citations, and reports can yield information about compliance with safety standards, training, and equipment maintenance that may be relevant to civil claims or administrative filings. An OSHA report can corroborate unsafe conditions and regulatory failures, and may be used as supporting evidence in demonstrating negligence or unsafe practices. However, OSHA actions are separate from personal injury claims and do not automatically provide compensation to injured workers; they serve to enforce safety rules and protect the workforce broadly. While OSHA findings can strengthen a claim by documenting regulatory breaches, pursuing compensation still requires the appropriate legal and administrative steps, including gathering medical records, witness accounts, and other evidence to establish causation and damages in a claim or hearing.

How long does it take to resolve a construction injury claim?

The time it takes to resolve a construction injury claim varies depending on the complexity of the case, the severity of the injuries, whether third parties are involved, and whether disputes arise over liability or damages. Some workers’ compensation benefits can be obtained relatively quickly once the relevant paperwork is filed, while civil claims against third parties may take months or longer to resolve if liability is contested or if future care needs must be established. Cases that involve long-term injuries and extensive medical care often require more time to evaluate future costs and reach a fair resolution. When parties engage in settlement negotiations, mediation, or litigation, the process can extend further, but a well-documented claim and cooperative exchange of information can speed resolution. Maintaining thorough medical records, documenting wage losses, and preserving site evidence early in the process helps streamline discovery and supports more effective negotiation or litigation, which can shorten the overall timeline to resolution.

Personal Injury Services in Downtown Brooklyn

Explore our injury practice areas

⚖️ All Personal Injury Services