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Westchester County Construction Accident Lawyer

Working in construction is dangerous and accidents often result in severe injuries or fatalities. If you or someone you love has been involved in a construction accident, you are entitled to compensation. Our Westchester County attorneys at Fiedler Deutsch, LLP will represent you in your workers’ compensation claim and investigate if a third party is also liable. Contact us online or call (914) 993-0393 today for your free consultation. 

Why Choose Our Westchester County Construction Accident Lawyers

Common Causes of Construction Accidents in Westchester County

The following four accidents are the most common causes of construction-related fatalities, according to the Occupational Safety and Health Administration (OSHA), are: 


Slip and falls account for the greatest number of construction accident fatalities (36.5%). They can often be the result of uneven or unstable work surfaces, a lack or misuse of fall protection equipment, or worker error.

Struck By an Object

Being struck by an object is an obvious hazard on a construction site, and accounts for 10.1% of construction worker deaths. Materials and machinery can fall, fly, swing and collide into workers. Safety gear, such as hard hats are essential to reduce the risk of death or a serious head injury if struck.


Approximately 8.6% of annual construction worker fatalities are attributed to electrocution. Electrocution accidents can happen when workers come into contact with exposed wires, defective tools, improper used extension cords, or live power lines. 

Caught In/Between

Being caught in or between objects is the cause for 2.5% of annual worker fatalities. Workers can, for example, get wedged between heavy vehicles, stuck in a trench, or pinned in between objects.

Common Injuries Associated with Construction Accidents in Westchester County

A careless or reckless action at a construction site often results in severe injuries, such as the following: 

Seek medical care immediately following a construction accident. Not only is it critical to your health, but any possible injuries must be documented to obtain compensation. 

What To Do After a Construction Site Accident

If you are a construction worker injured on the job in Westchester County, you should immediately report the injury to your employer and seek medical attention. In addition to safeguarding your health, immediate medical care will also protect your right to pursue workers’ compensation benefits and, perhaps, a third-party claim. When you can: 

Although an injury on the job qualifies you for workers’ compensation benefits, it isn’t always a seamless process. Having a lawyer by your side will provide protection from a claim denial or your compensation being unfairly reduced.

How Our Lawyers Identify All Liable Parties After a Construction Accident

Injured workers are entitled to compensation for benefits related to medical care and lost wages. However, these benefits may not be substantial enough to cover your losses. Our experienced Westchester County accident attorneys will investigate your construction accident to determine if there is a liable third party. Third party liability allows you the opportunity to file a lawsuit against another party besides your employer who was also responsible for your injury. Those parties can include a: 

If we discover evidence that a third party is at fault, we can pursue damages through an injury claim or lawsuit in addition to your workers’ comp benefits. 

How to Prove a Third Party is Liable for a Construction Accident

Unlike workers’ compensation claims that do not require proving fault, an injured worker must demonstrate that the third party’s negligence contributed to their injury accident. Doing so will require evidence of the following four elements of negligence: 

Duty of Care

A duty of care must have existed between the plaintiff (injured worker) and the defendant (at-fault party). For example, a general contractor has a duty to ensure a construction site is kept reasonably safe for workers.

Breach of Duty of Care

The defendant breached their duty of care by failing to do what another reasonable person would have done in the same situation—for instance, going back to the general contractor example, if they failed to provide personal protective equipment (PPE) to workers. 


There must be a direct link between the defendant’s violation of their duty of care and the worker’s injury. In other words, the injury would not have occurred if not for the defendant’s actions. For instance, a worker would not have been injured by a fall in a low-light area if the contractor had provided suitable headlamps, and there are medical records linking the worker’s injuries to the fall. 


The final element is damages. The plaintiff must have suffered financial or personal losses from the injury (e.g., medical bills, lost income, pain and suffering, emotional distress, etc.). 

Construction accident cases often require expert testimony as to how the accident occurred, how the defendant violated the standard of care expected of them, and the severity of injuries caused. 

Available Damages in a Construction Accident Claim

Workers injured in accidents due to a third party’s negligence may be entitled to the following types of compensation by filing a construction accident lawsuit: 

On top of these damages, the defendant may be ordered to pay punitive damages. However, this type of compensation is reserved for cases involving a defendant who exhibited extreme recklessness.  

Is There a Time Limit on Filing a Construction Accident Claim?

Different factors play a role in the amount of time you have to file a construction accident claim in New York. For example:

Summary of Workers’ Compensation Benefits in Westchester County

New York workers’ compensation benefits are generally divided into five basic categories. These include:

New York’s workers’ compensation system is based on an employer-employee relationship, regardless of who was at fault for an accident. That means that any worker is entitled to benefits when injured on a construction site, and virtually all employers are required to carry workers’ compensation insurance. 

Contact New York Construction Accident Attorneys at Fiedler Deutsch, LLP 

If you would like one of our attorneys to review your construction accident claim, Call (914) 993-0393 for a free consultation in Yonkers, New Rochelle, Mount Vernon, White Plains, Peekskill, Rye or anywhere else in New York. Contact us online to arrange a free consultation and case evaluation.