New York City Workplace Broken Bone Lawyer

A broken bone at work is not a minor inconvenience. Fractures to the spine, pelvis, wrist, ankle, leg, or arm can require surgery, months of physical therapy, and extended time away from the job. For workers in construction, warehousing, manufacturing, and other physically demanding industries, a serious fracture can change the financial picture for an entire family almost overnight. New York City workplace broken bone lawyers at Mark David Shirian P.C. handle these cases with the attention they deserve, working to secure every dollar of compensation available to injured workers across the five boroughs and beyond.

New York workers who suffer fractures on the job generally have more than one legal avenue available to them, and choosing the wrong path or missing a deadline can cost a worker significantly. Workers’ compensation covers medical expenses and a portion of lost wages, but it caps what an injured person can recover. Where a third party, such as a property owner, equipment manufacturer, or subcontractor, contributed to the conditions that caused the injury, a separate civil lawsuit may be available that is not subject to those caps. Understanding which routes apply, and how to pursue them together, is where experienced legal counsel makes a measurable difference.

New York also has specific statutes that offer construction workers powerful protections that simply do not exist in most other states. Labor Law Sections 240 and 241 impose non-delegable duties on property owners and general contractors, meaning those parties cannot escape liability by blaming a subcontractor. These provisions were written specifically to protect workers from the kind of height-related and falling-object accidents that so frequently cause severe fractures on New York job sites. A workplace broken bone attorney in New York City who understands how to invoke these statutes can dramatically expand what a worker recovers.

Types of Workplace Fractures This Firm Handles

• Construction site fall fractures: Falls from scaffolding, ladders, roofs, and elevated platforms are among the most common sources of catastrophic bone injuries in New York City, and Labor Law Section 240, the so-called “Scaffold Law,” creates strong liability for owners and general contractors when proper fall protection was not provided.
• Falling object fractures: When tools, materials, or debris fall from above and strike a worker, the resulting skull, clavicle, or spinal fractures can be life-altering. Section 240 and Section 241(6) of the New York Labor Law address these scenarios directly.
• Forklift and heavy equipment accidents: Warehouses, loading docks, and manufacturing floors throughout the Bronx, Brooklyn, and Queens see frequent accidents involving forklifts and industrial machinery that crush or fracture feet, ankles, and legs.
• Slip and fall fractures on job sites: Ice, wet surfaces, uneven flooring, and debris create fall hazards that frequently result in hip, wrist, and forearm fractures, particularly among older workers and those in healthcare and hospitality settings across Manhattan and Staten Island.
• Motor vehicle accidents during work duties: Delivery drivers, rideshare workers, and employees operating company vehicles who are injured in collisions while on the job may have both a workers’ compensation claim and a third-party personal injury claim against the at-fault driver.
• Repetitive stress fractures: Stress fractures from repetitive motion or overuse are recognized occupational injuries in industries like package delivery, postal services, and certain healthcare roles, though these cases require careful medical documentation to succeed.
• Trench and excavation collapses: Cave-ins at New York City construction sites can cause compression fractures to vertebrae and pelvis, injuries that often require long-term spinal treatment and carry significant permanent disability implications.

Why Mark David Shirian P.C. Handles Workplace Injury Cases Differently

Mark David Shirian P.C. was founded in 2016 with a direct focus on helping people who have been wronged, and the firm has recovered millions on behalf of clients across New York. Attorneys Mark D. Shirian and Shawn D. Shirian bring a litigation-first mindset to every case. They do not treat settlement as the default endpoint. They prepare each case as though it will go to court, which consistently produces better outcomes at every stage of the process, including during negotiations with carriers and third-party defendants.

Clients who have worked with this firm describe attorneys who pay close attention to details, who communicate throughout the process, and who fight hard for results. That level of attention matters in workplace fracture cases, where the difference between a basic workers’ compensation benefit and a full third-party damages award can be hundreds of thousands of dollars. The firm operates as a boutique practice, which means clients work directly with the attorneys handling their case, not support staff acting as intermediaries. For an injured worker trying to navigate a complex multi-claim situation while recovering from surgery, that direct access is not a luxury. It is necessary.

What an Injured Worker Should Actually Do After a Job Site Fracture

Report the injury to your employer as soon as you are physically able to do so. New York Workers’ Compensation Law requires that notice be given to the employer within thirty days of the accident, though reporting immediately is always the better practice. Delayed reporting creates documentation gaps that carriers routinely use to dispute claims. Put the report in writing if possible, even a brief text or email will create a record.

Seek medical treatment and follow through with every appointment. Workers’ compensation medical treatment in New York must generally be provided by an authorized health care provider, and gaps in treatment give insurance carriers grounds to argue the injury is not as serious as claimed. If surgery is recommended, do not postpone it for financial reasons before speaking with an attorney, as workers’ compensation is obligated to cover authorized medical procedures.

File a claim with the New York Workers’ Compensation Board promptly. The Board requires a C-3 Employee Claim form, and claims should generally be filed within two years of the accident. However, do not wait anywhere near that long. File quickly and document everything. Workers’ compensation cases in New York are handled through the Workers’ Compensation Board, which has district offices throughout the city and surrounding areas. The Manhattan office is located at 215 West 125th Street, and the Brooklyn office serves Kings County and surrounding areas. Your case will likely be assigned to the district office nearest to where the injury occurred.

Do not sign anything the employer’s carrier sends you without reviewing it with a lawyer. Carriers sometimes contact injured workers shortly after an accident with settlement offers or forms that can limit future claims. A workplace broken bone attorney in New York City can review those documents before any signature occurs. Beyond the workers’ comp claim, a personal injury attorney needs to evaluate whether any third party, a site owner, equipment manufacturer, or another contractor, bears liability. That civil claim runs on a separate clock. The statute of limitations for a third-party negligence claim in New York is generally three years from the date of injury, and claims against government entities follow much shorter notice requirements, often ninety days for a Notice of Claim. Missing those deadlines eliminates options permanently.

What Damages Are Actually Available for a Workplace Fracture in New York

Workers’ compensation in New York provides medical coverage, temporary disability benefits calculated as a percentage of your pre-injury average weekly wage, and permanent disability awards for lasting impairment. Those benefits are important, but they exclude pain and suffering, which is often the largest component of damages in a serious fracture case.

A third-party lawsuit is not subject to the same limitations. In a civil claim against a liable property owner or contractor, an injured worker can seek full compensation for medical expenses, lost earnings including future earning capacity, and pain and suffering. In cases involving Labor Law violations, courts have consistently found property owners and general contractors strictly liable, meaning the injured worker does not need to prove negligence in the traditional sense. The statute’s requirements were not met, and that alone establishes liability.

Product liability claims are another avenue when defective scaffolding, ladders, power tools, or safety harnesses contributed to the fracture. These claims target the manufacturer or distributor of the product and can proceed alongside a workers’ compensation claim and a Labor Law suit simultaneously. Coordinating multiple claims requires careful attention to how they interact, since workers’ compensation carriers often have a right to be reimbursed from a third-party recovery, and an attorney who handles the coordination well can structure a resolution that maximizes what the worker actually takes home.

Questions Injured Workers Ask About Fracture Claims in New York City

Can I sue my employer directly for a broken bone at work?

Generally no. New York’s Workers’ Compensation Law bars most direct lawsuits against employers in exchange for the no-fault benefits workers’ comp provides. However, this does not prevent lawsuits against third parties, such as property owners, general contractors, or equipment manufacturers, who contributed to the conditions that caused the fracture. In construction cases, these third-party claims are common and often involve significant compensation beyond what workers’ comp alone would provide.

What is the Scaffold Law, and does it apply to my case?

New York Labor Law Section 240, commonly called the Scaffold Law, requires that contractors and property owners provide adequate safety equipment and protection for workers performing elevation-related tasks, including scaffolding, hoisting, and work near unguarded edges. If your fracture resulted from a fall or from being struck by a falling object on a covered construction project, this statute likely applies. Liability under Section 240 is strict, meaning the property owner or contractor cannot avoid it simply by showing they were not personally careless.

My employer says my fracture was my own fault. Does that end my claim?

Not for workers’ compensation purposes. New York workers’ comp is a no-fault system, so a worker’s own negligence does not disqualify the claim. For third-party civil claims, comparative fault does come into play, but it reduces rather than eliminates recovery in most cases. Under New York’s pure comparative fault rule, a worker found thirty percent responsible still recovers seventy percent of total damages. In Labor Law Section 240 cases, the worker’s comparative fault is not even considered if the primary cause was the statutory violation.

What if I am an undocumented worker? Do I still have rights after a job site fracture?

Yes. New York workers’ compensation benefits extend to workers regardless of immigration status. Undocumented workers are entitled to medical coverage and wage replacement under the law. Third-party civil claims are also available. Employers and carriers sometimes attempt to use immigration status to discourage claims, but that pressure has no legal basis in New York. Workers in this situation should speak directly and confidentially with an attorney before taking any action.

How long does a workplace fracture case take to resolve?

Workers’ compensation benefits typically begin flowing within weeks of a properly filed claim, though disputes can extend that timeline significantly. A third-party civil case, particularly one involving Labor Law claims in New York Supreme Court, can take one to three years from filing to resolution depending on how the litigation proceeds, whether expert testimony is required, and how aggressively the defense contests liability. Complex fracture cases involving permanent disability or multiple liable parties tend to run longer.

Can I continue receiving workers’ comp benefits while my third-party lawsuit is pending?

Generally yes, with important nuances. Workers’ compensation benefits continue during the pendency of a civil lawsuit. However, if you receive a settlement or verdict in the civil case, the workers’ comp carrier typically has a lien against that recovery for the amount it paid out. An attorney handling both claims can structure the resolution to minimize how much of the civil recovery goes back to the carrier, which is a detail that significantly affects what the worker actually receives.

What if the fracture was caused by a defective piece of equipment provided by my employer?

If a product defect, such as a faulty ladder, malfunctioning power tool, or improperly designed scaffold component, contributed to the fracture, a product liability claim against the manufacturer or seller may be available. This claim exists independent of the workers’ comp claim and does not count as suing your employer. These cases typically involve engineering analysis and expert testimony to establish that the product was unreasonably dangerous when used as intended.

My fracture healed, but I still have pain and limited range of motion. Does that affect my claim value?

Significantly. Workers’ compensation accounts for permanent partial disability and permanent total disability through scheduled loss-of-use awards and ongoing indemnity benefits. In a civil case, residual pain, reduced range of motion, arthritis, and functional limitations that follow a “healed” fracture are compensable as permanent injury. Medical evidence, including imaging, functional capacity evaluations, and expert opinions on long-term prognosis, forms the foundation of these arguments.

What if my employer did not have workers’ compensation insurance?

New York law requires virtually all employers to carry workers’ compensation insurance. When an employer fails to comply and a worker is injured, the New York Workers’ Compensation Board operates an Uninsured Employers Fund that steps in to pay benefits. The employer also faces significant civil and criminal penalties. A worker injured by an uninsured employer can file a claim with the Board and pursue that fund, and may also have a direct civil claim against the employer without the usual exclusive remedy bar that workers’ comp normally creates.

Does the type of fracture affect how much I can recover?

Yes, in meaningful ways. New York’s workers’ compensation schedule assigns specific loss-of-use values to different body parts, so a femur fracture that impairs leg function is valued differently than a wrist fracture affecting hand use. Spinal fractures with neurological consequences, pelvic fractures affecting mobility, and multi-bone injuries that require repeated surgeries generally produce larger awards because the permanent functional loss is greater. In civil litigation, medical costs, long-term care needs, and the documented effect on earning capacity all scale with injury severity.

Representing Workplace Fracture Victims Across New York City and the Surrounding Region

Mark David Shirian P.C. represents injured workers throughout New York City and the broader New York State region. In Manhattan, the firm handles cases arising from construction sites in Midtown, the Financial District, Hudson Yards, and Upper Manhattan. Brooklyn clients come from Williamsburg, Bushwick, Sunset Park, Flatbush, Red Hook, and East New York, where industrial and construction activity is particularly concentrated. The firm serves workers across the Bronx, including areas around the South Bronx’s active development corridors and the commercial districts along the Grand Concourse. In Queens, the firm handles cases from Long Island City, Flushing, Jamaica, Astoria, and Woodside. Staten Island clients include workers in the North Shore industrial areas and the St. George waterfront district.

Beyond the five boroughs, the firm extends its representation to workers in Nassau County, Suffolk County, Westchester County, and other parts of New York State where serious workplace injuries occur. Whether a fracture happened on a high-rise construction project in Midtown or at a warehouse in the outer boroughs, the legal analysis, the claims process, and the range of available remedies remain consistent, and this firm is positioned to handle it across all of those markets.

Talk to a New York City Workplace Broken Bone Attorney About Your Case

Fractures at work deserve serious legal attention, not a quick claim form and a wait. A New York City workplace broken bone attorney at Mark David Shirian P.C. can evaluate your situation, identify every available claim, and begin building the case before evidence disappears and deadlines close. The firm offers confidential case evaluations so that workers can understand their options before making any decisions.

Mark David Shirian P.C. is dedicated to obtaining the most favorable outcome for every client the firm represents. Attorneys Mark D. Shirian and Shawn D. Shirian will work directly with you from the outset. Reach out to the firm today to schedule your confidential case evaluation and get a clear picture of where your claim stands.