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Read More If you were injured on a construction site, knowing how to start your construction accident case is the first step toward getting the compensation you deserve.
A serious injury changes everything overnight. You may be dealing with hospital visits, lost income, and a family that depends on you — all at the same time. It's overwhelming, and it's okay to not know where to begin.
Gorayeb & Associates has helped injured construction workers in New York for over 40 years, recovering more than $2 billion for people just like you.
Hablamos español. Our team is ready to help you — regardless of your background or immigration status.
You don't have to figure this out alone.
Request a free, confidential consultation today.
For Construction Accidents, Go with Gorayeb™
Step 1: Get Medical Attention After Your Construction Accident
The most important thing you can do right after a construction accident is get medical care — even if you feel fine. Some injuries don't show symptoms for hours or days, and a medical record creates a critical paper trail for your case.
- Seek medical attention immediately after the accident
- Report your injury to your employer or supervisor the same day
- Take photos of the accident scene, your injuries, and any unsafe conditions
- Write down the names and contact information of any witnesses
- Keep every medical record, bill, and receipt in one place
- Do NOT sign anything from the insurance company without talking to a lawyer first
Step 2: Know Your Rights Under New York Law
New York has some of the strongest construction worker protection laws in the country. Here's what you need to know:
Labor Law 240 (the Scaffold Law): If you fell from a ladder, scaffold, roof, or any elevated surface due to a gravity-related accident, your employer and property owner are automatically liable — even if you made a mistake. This is one of the most powerful worker protections in New York.
Labor Law 241(6): Construction sites must follow specific safety rules set by New York's Industrial Code. If those rules were violated and you were hurt, you may have a strong legal claim.
These laws protect all construction workers in New York — regardless of immigration status, employment type, or how long you've been on the job.
Learn more: Understanding New York's Scaffold Law | New York Scaffolding Accident Lawyers
Step 3: File Your Workers' Compensation Claim
Workers' compensation is a no-fault system — you don't have to prove anyone was negligent to receive benefits. But you must act within the deadlines.
Report to your employer: Within 30 days of the accident.
File a C-3 form: Submit your Employee Claim (C-3) to the NY Workers' Compensation Board within 2 years of the accident.
Workers' compensation covers:
- Medical bills related to your injury
- Partial replacement of lost wages
Workers' compensation does NOT cover:
- Pain and suffering — that requires a separate lawsuit
- Full lost wages
- The full value of a permanent disability — that requires a separate lawsuit
You are eligible to file a workers' comp claim regardless of your immigration status.
Not sure if you have a case?
Request a free consultation — we'll review your situation at no cost.
For Construction Accidents, Go with Gorayeb™
Step 4: Talk to a Construction Accident Lawyer
Workers' comp is only the beginning. To recover full compensation — including pain and suffering, future medical costs, and all lost earnings — you typically need to file a third-party lawsuit against the general contractor, property owner, or equipment manufacturer responsible for your accident.
A construction accident lawyer handles all of that on your behalf. You don't go to court alone.
Here's what Gorayeb brings to your case:
- Bilingual team — Hablamos español
- Over 40 years fighting for injured construction workers in New York
- More than $2 billion recovered for our clients
- No fees unless we win — our fee comes out of the money we recover for you, not out of your pocket
- 100% confidential consultation
What Compensation Can You Recover in a Construction Accident Case?
A successful construction accident case can recover damages including:
- Medical bills — past and future surgery, rehabilitation, and medication
- Lost wages and future lost earning capacity
- Pain and suffering
- Compensation for permanent disability or impairment
- Wrongful death compensation for families who have lost a loved one
If your family lost a loved one in a construction accident, you may have a wrongful death claim. Learn more: Wrongful Death Accidents.
For all types of injuries, see: New York Personal Injury Lawyers.
We handle all types of construction injuries — see our full list of practice areas.
Gorayeb has recovered over $2 billion for injured construction workers.
Request your free case review today.
For Construction Accidents, Go with Gorayeb™
Frequently Asked Questions About Starting Your
Construction Accident Case
You have 3 years from the date of the accident to file a personal injury lawsuit in New York. For wrongful death, the deadline is 2 years from the date of death. Acting quickly helps preserve evidence and strengthens your case.
Bring any medical records you have, the accident report (if one was filed), photos of the scene and your injuries, your health insurance information, and recent pay stubs showing your earnings before the accident.
Your consultation is free. Our fee comes out of the money we recover for you — not out of your pocket. You pay nothing unless we win.
Yes. Your immigration status does not affect your right to file a construction accident case in New York. Labor Law 240 and Labor Law 241(6) protect all workers, regardless of documentation.
Under New York Labor Law 240, employers and property owners are automatically liable for gravity-related accidents — even if the worker made a mistake. The employer's negligence defense does not apply in scaffold law cases.
Workers' comp is a no-fault system: it covers medical bills and partial wages, but not pain and suffering. A personal injury lawsuit lets you recover full damages — including pain and suffering — but requires proving negligence or a Labor Law violation. Most construction injury cases involve both.
Start Your Construction Accident Case Today
Now you know how to start your construction accident case — the next step is yours. The sooner you act, the stronger your case.
Want to understand the scope of construction injuries in New York? See our New York construction accident statistics.
Gorayeb & Associates has fought for injured construction workers in New York for over 40 years, recovering more than $2 billion for people who needed someone in their corner. We handle everything — from filing your workers' comp claim to taking your case to trial if that's what it takes.
Hablamos español. We're here for you — in English and Spanish.
Take the first step today.
Your consultation is free and completely confidential.
For Construction Accidents, Go with Gorayeb™
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