New York Construction Accident Lawyer

Mark David Shirian P.C. | 212-931-6530 | Free Consultation

A construction accident changes everything in an instant. One moment you are focused on the job, and the next you're facing serious pain, mounting medical bills, and deep uncertainty about your family's future. The physical recovery is hard enough without the added weight of financial stress.

You have likely been told that workers' compensation is your only path forward. While it's a critical first step for covering immediate medical care and a portion of your lost wages, in practice, it often isn't enough to make a family whole again after a devastating injury. The gap between what it pays and what you've truly lost can be enormous.

But what if your injury wasn't your fault? Modern construction sites are complex, with general contractors, subcontractors, and equipment suppliers all working side-by-side. If another company's carelessness or defective equipment caused your harm, your rights may extend far beyond a simple workers' comp claim.

At Mark David Shirian P.C., we have over 25 years of experience fighting for injured workers throughout New York. We investigate all responsible parties to ensure you don't leave your family's financial security on the table. Call us at 212-931-6530 for a free consultation.

The First 5 Steps to Take After a Construction Accident

In the chaotic moments after an accident, it's hard to think clearly. But what you do right away can have a massive impact on your health and your ability to get fair compensation. Protecting your rights begins with a few crucial actions on the scene and in the days that follow.

• 1.Get to Safety and Seek Emergency Medical Help. – Your health is the absolute priority. Move away from any immediate danger and call 911 or get to an emergency room.
• 2.Report the Injury to Your Supervisor. – Report the incident as soon as you are able. Follow up with a text or email so there is a written record with a date and time.
• 3.Get a Full Medical Evaluation – Even if you see a company-approved doctor, it's vital to also be evaluated by your own doctor. Some injuries don't show symptoms for days.
• 4.Document Everything You Can. – Use your phone to take pictures and videos of the accident scene, your injuries, and any faulty equipment. Get the names and phone numbers of coworkers who saw what happened.
• 5.Do Not Give a Recorded Statement. – An insurance adjuster may call you, asking to record your conversation. Politely decline. Their job is to limit the insurance company's payout, and your words can easily be used against you.

Workers' Comp: What It Covers and Where It Falls Short

Workers' compensation is a type of insurance that your employer is required to have to protect employees who get hurt on the job. It's designed as a 'no-fault' system, which means it provides benefits whether the accident was your fault, your employer's fault, or nobody's fault. This allows you to get medical care and wage support quickly, without having to prove in court that your employer was negligent.

The primary purpose of workers' comp is to cover your approved medical bills and replace a portion of the income you lose while out of work. However, this is where many workers face their first financial shock. The system is designed to pay only a percentage of your lost wages—often around two-thirds—not your full paycheck.

Perhaps the biggest limitation is what workers' comp doesn't cover. It provides zero compensation for your physical pain, your emotional distress, or the impact the injury has on your quality of life. But if someone other than your direct employer caused your accident, the story doesn't have to end here.

The Game Changer: Understanding the Third-Party Claim

This is where understanding a 'third-party claim' can completely change the outcome for you and your family. While the law prevents you from suing your direct employer for a workplace injury, it does not protect other companies on site. A construction site is a web of different employers—from the general contractor to various subcontractors, equipment suppliers, and engineers.

If the carelessness of one of those separate companies caused your accident, you have the right to hold them accountable. A useful analogy is a busy highway. If you're a delivery driver and another motorist negligently slams into your truck, you have two potential cases. You'd file a workers' comp claim with your employer because you were hurt on the job. But you would also file a personal injury lawsuit against the at-fault driver who actually caused the crash.

The same logic applies to construction site accidents. This means you can have two cases running at the same time: a workers' comp claim for immediate medical bills and partial wages, and a third-party lawsuit seeking full and fair compensation for everything you've lost, including pain and suffering.

Who Can Be a Third Party? Identifying Liable Parties

On any given construction site, multiple companies work side-by-side, and each one has a legal duty to maintain safety. When one of them cuts corners, innocent workers get hurt. A third-party liability claim could be filed against:

• The General Contractor: Who has overall responsibility for site safety and coordination.
• Other Subcontractors: A separate plumbing, electrical, or framing crew whose mistake caused your injury.
• Architects and Engineers: If a structural collapse was caused by a fundamental design flaw.
• Equipment Manufacturers: If your injury was caused by a defective power tool, faulty scaffolding, or malfunctioning heavy machinery.
• The Property Owner: Who has a duty to warn contractors of known, hidden dangers on the land.

What Full Compensation Really Means

While workers' compensation provides a crucial safety net for medical bills and a portion of your lost pay, it's designed to be a basic, no-fault solution. It was never intended to make you 'whole' again after a serious injury.

A personal injury lawsuit seeks full compensation for all of your losses. This includes 100% of your lost income—not just what you've already missed, but also the wages you will lose in the future if you can no longer do the same work. Crucially, it is also the only way to receive compensation for physical pain, mental anguish, and loss of enjoyment of life.

For families facing an uncertain road ahead, the ability to recover these additional damages can be life-changing. This compensation isn't just about paying this month's bills; it's about ensuring your mortgage is paid, your family is supported, and your life can be rebuilt with financial security.

Do I Really Need a Lawyer for a Construction Injury?

It's a fair question. While a workers' compensation claim is mostly administrative, a third-party lawsuit is entirely different. You are going up against large insurance companies and corporate legal teams whose primary job is to pay as little as possible. An experienced construction accident lawyer levels that playing field.

Unlike a workers' comp claim where fault isn't a factor, a third-party case is all about proving another company was careless. This requires a deep investigation into complex site dynamics—reviewing contracts to see who was responsible for safety, analyzing project blueprints, and poring over daily logs to find evidence of negligence.

At Mark David Shirian P.C., we bring over 25 years of litigation experience and a network of crucial experts to your case. Proving that a specific piece of machinery was defective might require a mechanical engineer. Showing how a trench collapsed could involve a soil expert. We handle these high upfront costs and work on a contingency fee basis—you pay nothing unless we win your case.

5 Qualities of a Top-Rated Construction Accident Lawyer

A general personal injury lawyer who mostly handles car accidents may not understand the complex regulations, contracts, and safety standards unique to a job site. Look for a firm that demonstrates these five key qualities:

• 1.Specific Experience with Construction Cases: They should focus on this area, not just dabble in it.
• 2.A Track Record of Verdicts and Settlements: They can show you real, verifiable results in construction accident cases.
• 3.Financial Resources to Fund a Complex Case: They can afford to hire the best engineers, safety experts, and investigators without cutting corners.
• 4.Positive Client Reviews and Testimonials: Past clients feel they were heard, respected, and well-represented.
• 5.Clear and Empathetic Communication: They explain things in plain English and make you feel comfortable, not confused.

7 Questions to Ask Before You Hire a Construction Injury Attorney

Your first meeting with a lawyer is a two-way interview. While they evaluate the details of your accident, you need to evaluate their ability to handle it. Walk into your free consultation ready to ask these essential questions:

• 1. How many construction accident cases like mine have you personally handled?
• 2. What is your initial plan for investigating my case beyond workers' comp?
• 3. What were the results of your three most recent construction accident cases?
• 4. If I hire your firm, who will be my day-to-day point of contact?
• 5. What happens with case costs—like hiring experts—if we don't win?
• 6. Based on what you know so far, what is the biggest challenge you see in my case?
• 7. Can you explain your fee structure to me in simple, clear terms?

Listen carefully to the answers. Vague responses or promises that sound too good to be true are red flags. A trustworthy lawyer will give you straightforward answers, explain potential case challenges, and ensure you understand exactly how they get paid.

How Can I Afford a Lawyer? The Contingency Fee

It's the single biggest question on most people's minds: 'How can I possibly afford an experienced lawyer when I can't even work?' This is a valid fear, but reputable personal injury attorneys have a system designed to remove this barrier completely. It's called a contingency fee.

This arrangement means you pay absolutely nothing upfront. There are no hourly bills or retainers. Your lawyer's payment is contingent on them successfully recovering money for you. Their fee is a pre-agreed percentage of the final settlement or court award.

This structure aligns your lawyer's goals with yours—they only get paid if they win your case, which motivates them to secure the best possible outcome. If for any reason your case is not successful and you do not receive compensation, you will not owe your attorney a fee for their time.

From Injury to Settlement: A Simple Roadmap

The legal process can feel intimidating, but the journey from injury to compensation follows a structured path. Unlike what you see on TV, it's less about courtroom drama and more about careful, strategic steps. The primary goal is almost always to reach a fair agreement without ever needing to go to trial.

• 1.Investigation and Evidence Gathering: Your legal team collects all critical evidence—accident reports, witness statements, medical records, and expert opinions.
• 2.Filing the Claim: A formal legal document is filed against the responsible parties, officially starting the case.
• 3.The Discovery Phase: A formal process where both sides exchange the information they have about the accident.
• 4.Negotiation and Mediation: Your lawyer presents the strength of your case to the insurance companies to negotiate a settlement. Sometimes, a neutral third party called a mediator helps guide these talks.
• 5.Settlement or Trial: The vast majority of cases are resolved with a settlement agreement. Only if a fair agreement can't be reached does the case proceed to trial.

Your Next Step: Protect Your Rights and Your Family's Future

Before reading this, your injury might have felt like a dead end, with workers' compensation as the only path forward. You now see the full picture. Another company's mistake—be it faulty equipment or a hazardous shortcut—could be the key to securing your family's financial future.

Here is a simple plan to move forward:

• 1.Finish documenting everything you can remember about your accident and how your injuries have impacted your life.
• 2.Gather any photos, medical records, or witness information you have available.
• 3.Call Mark David Shirian P.C. at 212-931-6530 for a free consultation to understand the specific options available to you.

Contact Mark David Shirian P.C. Today

With over 25 years of litigation experience and a track record of success, Mark David Shirian P.C. fights for injured construction workers throughout New York. We work on a contingency fee basis—you pay nothing unless we win your case.

Call: 212-931-6530
Visit: shirianpc.com
Office: 228 East 45th Street, Suite 1700-B, New York, NY 10017
Free Consultation | No Fee Unless We Win