Brooklyn Construction Accident Lawyer
Brooklyn is building faster than at any time in its history, and the people doing the building are getting hurt. Falls from ladders and scaffolds, objects dropped from above, collapses, and trench accidents send workers to Kings County hospitals every week. Workers' compensation pays a fraction of what those injuries cost. New York law gives construction workers something most injured workers do not have: the right to sue the owner and the general contractor directly.
Shimko Law P.C. represents injured construction workers from our office at 300 Cadman Plaza West in Downtown Brooklyn. Daniel Shimko has been admitted to practice since 2008, has run his own firm since 2013, and carries on the practice of Timothy Shimko, established more than 40 years ago. You speak with the attorney, not an intake desk, and there is no fee unless we recover for you.
Why construction cases are different
If you are hurt at work in New York, you usually cannot sue your employer. Workers' compensation is your only remedy against the company that pays you. Construction is the exception that matters. The New York Labor Law places duties on property owners and general contractors that cannot be delegated, so when those duties are broken, the owner and contractor are liable to the worker even though they did not employ him.
That means two claims running at once: a workers' compensation claim for medical care and partial wages, and a lawsuit against the owner and contractor for the full value of the injury, including pain and suffering that compensation never pays.
The laws that protect Brooklyn construction workers
Labor Law section 240, the Scaffold Law. Owners and contractors must provide proper scaffolds, ladders, hoists, harnesses, and other devices for work at a height. When a worker falls because the device was missing, defective, or inadequate, or is struck by an object that fell because it was not properly secured, the owner and contractor are liable. Under this section, the worker's own carelessness is generally not a defense.
Labor Law section 241(6). Owners and contractors must comply with the specific safety rules in the New York Industrial Code, covering things like debris, lighting, trenches, protective equipment, and machinery. A violation of a specific rule that causes an injury supports a claim, even when the accident had nothing to do with height.
Labor Law section 200 and common law negligence. The general duty to provide a safe place to work, which applies when the owner or contractor controlled the work or knew of the dangerous condition.
We plead every section that fits the facts, because each one has different proof requirements and different defenses.
Accidents we handle
- Falls from ladders, including ladders that slipped, were the wrong height, or were set on uneven ground.
- Scaffold collapses, missing planks, missing guardrails, and falls from pipe scaffolds and sidewalk sheds.
- Falling objects: tools, materials, and debris dropped from above or blown from an unsecured load.
- Falls through openings, unguarded floor edges, and skylights.
- Trench and excavation collapses.
- Crane, hoist, and lift accidents.
- Electrocution and burns.
- Injuries to undocumented workers, who have the same rights under the Labor Law as any other worker.
Even if you were not wearing your harness
Owners and contractors defend these cases by blaming the worker: he was not wearing his harness, he did not use the guardrail, he used the wrong ladder. Under the Scaffold Law that argument usually fails. The duty to provide a working device and to make sure it is used belongs to the owner and contractor, not the worker. The exception is narrow: the worker had a proper device available, was told to use it, and chose not to for no good reason. Do not assume your case is lost because you were told it was your fault.
What to do after a construction accident
- Get medical care immediately and tell the doctor exactly how the accident happened. The first medical record is read by every insurer and every jury.
- Report the accident to your foreman and make sure a written report is made. Ask for a copy.
- Photograph the ladder, the scaffold, the opening, the object, and the area, before it is repaired or removed.
- Write down the names of coworkers who saw the accident. Crews change and people move on.
- Do not sign anything from the contractor's or owner's insurer, and do not give a recorded statement.
- Call us. Evidence on an active site disappears within days.
Deadlines
- A Labor Law lawsuit generally must be started within three years of the accident.
- If the owner is the City, the School Construction Authority, NYCHA, or another public body, a notice of claim is required within 90 days and the suit must be started within one year and 90 days.
- The workers' compensation claim has its own short notice deadline, and failing to give notice can cost benefits.
What your case may be worth
Construction injuries are among the most serious cases we handle: spinal fusions, shoulder and knee surgeries, traumatic brain injuries, and injuries that end a career in the trades. A Labor Law case can recover past and future medical costs, past and future lost earnings including union benefits, and pain and suffering.
Results in past cases handled by this firm include an 850,000 dollar settlement for a construction worker injured by falling scaffolding who was not wearing his helmet, and an 850,000 dollar settlement for a construction worker injured in a ladder fall who suffered a knee tear requiring arthroscopic surgery, a shoulder tear, and back herniations. Prior results do not guarantee a similar outcome.
Why Shimko Law P.C.
- The attorney handles your case personally and returns your calls.
- We are in Downtown Brooklyn, next to the courts, and we visit clients at home or in the hospital.
- We coordinate the lawsuit with your workers' compensation claim so the two do not work against each other.
- Free consultation. No fee unless we win.
- Se habla español.
Frequently asked questions about Brooklyn construction accidents
Can I sue if I am already getting workers' compensation? Yes. Compensation covers your employer. The Labor Law lets you sue the owner and the general contractor, who are usually different companies.
Does it matter that I was not wearing a harness? Usually not under the Scaffold Law, where the duty to provide and enforce safety devices rests with the owner and contractor. There is a narrow exception, and we will tell you honestly whether it applies.
I am undocumented. Can I still bring a case? Yes. Immigration status does not bar a Labor Law claim.
What if my employer told me not to report the accident? Report it anyway, in writing, and call us. Retaliation for reporting a workplace injury is itself unlawful.
How long will my case take? Most construction cases take one to three years, depending on the injury and whether the defendants settle or go to trial. We will give you a realistic timeline after we review the facts.
What does it cost? Nothing up front. We are paid a percentage of the recovery only if we win, under a written retainer you review first.
Talk to a Brooklyn construction accident lawyer today
Call or text 718 504 5533, book a free video consultation, or send us a message. Attorney Advertising. Prior results do not guarantee a similar outcome.
