At Hill & Moin, we represent individuals injured in construction accidents, workplace incidents, and other serious accidents throughout New York City. After an injury, it is common to feel uncertain about your legal rights, medical bills, lost income, and next steps. The answers below address many of the most frequently asked questions FAQs we receive from injured workers and accident victims.

Should I contact an attorney after I get injured?

Yes. Speaking with an attorney early helps protect your rights, preserve critical evidence, and prevent costly mistakes when dealing with insurance companies or employers. The sooner you obtain legal guidance, the stronger your case may be.

Can I sue my employer after a work accident?

In most situations, you cannot sue your direct employer because workers’ compensation laws generally shield employers from lawsuits. However, you may be able to pursue a third-party claim against a property owner, general contractor, subcontractor, or equipment manufacturer if they contributed to the unsafe conditions that caused your injury.

Can I recover compensation if I was partially at fault?

Yes. New York follows a comparative negligence rule. Even if you were partially responsible for the accident, you can still recover compensation. Your award may be reduced based on your percentage of fault, but you are not automatically barred from pursuing a claim.

What should I do immediately after a construction accident?

Seek medical attention immediately. Report the incident to a supervisor, document the scene if possible, and avoid giving detailed recorded statements to insurance companies before speaking with an attorney.

What is New York Labor Law 240?

Labor Law 240, often referred to as the Scaffold Law, protects construction workers injured due to gravity-related hazards such as falls from heights or falling objects. It can impose strict liability on property owners and contractors who fail to provide proper safety protections.

What is New York Labor Law 241(6)?

Labor Law 241(6) requires owners and contractors to comply with specific safety regulations for construction, demolition, and excavation work. Violations of these safety rules may support a personal injury lawsuit.

What is Labor Law 200?

Labor Law 200 requires property owners and contractors to maintain a safe work environment. If unsafe conditions or negligent supervision caused your injury, you may have a claim under this law.

Can undocumented workers file injury claims?

Yes. Immigration status does not prevent injured workers from filing workers’ compensation claims or pursuing third-party lawsuits in New York.

Can I file a lawsuit if I am already receiving workers’ compensation?

Yes. Workers’ compensation covers medical expenses and partial lost wages regardless of fault. A third-party lawsuit may allow recovery for additional damages, including pain and suffering.

What damages can I recover in a construction or personal injury case?

Compensation may include medical expenses, lost wages, reduced earning capacity, rehabilitation costs, pain and suffering, and other financial and non-economic losses.

How much is my case worth?

The value of a case depends on factors such as the severity of the injury, long-term impact, medical costs, lost income, liability evidence, and available insurance coverage.

What if my injury becomes worse over time?

If your condition worsens, you may still be entitled to additional compensation. Ongoing medical documentation is essential to demonstrate the full extent of your injuries.

What if there were no witnesses?

A case can still proceed without direct witnesses. Evidence may include site safety records, OSHA findings, incident reports, photographs, surveillance footage, and expert testimony.

What if OSHA investigates the accident?

An OSHA investigation may identify safety violations that support your claim. However, you do not need an OSHA citation to pursue compensation.

What if defective equipment caused my injury?

You may have a product liability claim against the manufacturer or distributor of defective tools or machinery used at the worksite.

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

In most personal injury cases, you have three years from the date of the accident. Cases involving government entities may have shorter deadlines.

Can family members file a claim after a fatal construction accident?

Yes. Surviving family members may pursue a wrongful death claim to recover compensation for lost financial support, funeral expenses, and other damages.

Do construction accident cases go to trial?

Many cases settle before trial. However, experienced attorneys prepare every case as though it will be litigated to maximize leverage and results.

Should I accept the insurance company’s first offer?

Initial settlement offers are often lower than the full value of the claim. It is advisable to consult with an attorney before accepting any offer.

What if my employer retaliates after I file a claim?

Retaliation for filing a workers’ compensation claim is unlawful. If you experience termination, demotion, or other adverse actions, you may have additional legal remedies.

How much does it cost to hire Hill & Moin?

Hill & Moin works on a contingency fee basis. You pay no legal fees unless compensation is recovered on your behalf.

Contact Hill & Moin for a Free Consultation

If you were injured in a construction accident or other serious incident in New York City, Hill & Moin is prepared to help you understand your rights and pursue the compensation you deserve. Call (212) 668-6000 today for a free consultation and case evaluation.