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Work and construction injuries · The Bronx

Bronx Work Accident & Construction Injury Lawyer

Workers' compensation comes from your employer's carrier. A lawsuit is generally possible only against someone other than your employer, such as the owner or general contractor, and on a NYCHA or City job a notice can be due within months.

Over 40 years of experience. Free consultation; no fee unless there is a recovery.

(516) 227-2662
Scaffolding and netting covering the ornate upper facade of the former Paradise Theater on the Grand Concourse in the Bronx.

Start here

Which claim fits what happened?

Three facts decide most Bronx work injury cases: who employed you, who owned or ran the job, and what work was going on. Find the row closest to your accident.

Only your employer and co-workers were involved
Who else may be responsibleUsually compensation only (WCL 11), unless your employer had no compensation coverage.
First evidenceWritten notice to your employer and a compensation claim.
You fell, or something fell on you, during building, demolition, repair or painting work
Who else may be responsibleLabor Law 240(1) against the owner and general contractor, if a missing or inadequate device caused it.
First evidencePhotos of the ladder, scaffold or opening; who owned the building.
A trench, hole, debris, machinery or other site hazard on a construction job
Who else may be responsibleLabor Law 241(6) if a specific Industrial Code rule was broken, or 200 and negligence.
First evidenceThe hazard before it is cleaned up; names of other trades on site.
A machine or tool failed
Who else may be responsibleThe maker or seller, for a defect or missing warning (products liability); a later change by someone else can defeat it.
First evidenceKeep the machine; photograph the model and serial plate.
A vehicle hit you, or you were driving for work
Who else may be responsibleThe other driver and owner. Fault rules for vehicle cases changed in 2026 (below).
First evidencePolice report, plates, insurance details.

Shared fault. Generally, your own share of fault reduces the damages in proportion but does not bar the claim (CPLR 1411).

One exception: in a personal-injury action subject to Insurance Law article 51 (New York's no-fault law) that is commenced on or after May 26, 2026, recovery is barred if the claimant's culpable conduct is greater than that of the defendant, or greater than the combined culpable conduct of the defendants (DFS Circular Letter No. 3 (2026)). See our car accident page for details.

The three Labor Law sections, with their conditions

Labor Law 240(1)
Falls from height and falling objects during erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure. A violation must cause the injury; with no violation and the worker's own conduct the sole proximate cause, there is no liability (Blake). Owners of one- and two-family homes who contract for but do not direct or control the work may be exempt (text); the exemption turns on the property's use and the work's purpose, not only its structure (Bartoo).
Labor Law 241(6)
Construction, excavation and demolition. The claim needs a specific State Industrial Code rule that was violated and caused the injury, not a general safety standard (Ross).
Labor Law 200
The general duty of care. For how the work was done, it reaches whoever had authority to control those methods; for a dangerous site condition, an owner or contractor that created it or had actual or constructive notice of it (text).

Hurt off a building site, in a warehouse, store or kitchen? See workplace accidents and forklift accidents. Fuller Labor Law detail is on our construction accidents page; scaffold falls on scaffolding injuries.

Public jobs

NYCHA, City, school and transit work

Housing developments, schools, streets, parks and transit in the Bronx can be owned by a public body. For an injury claim against that body, a notice or a shorter time limit may come first, rather than the general three-year limit for private owners.

NYCHA (public housing)
First step and time to sue (injury claims)A notice of intention under GML 50-e, and suit within one year and 90 days after a 30-day wait (Public Housing Law 157).
The City (streets, parks, city buildings)
First step and time to sue (injury claims)A notice of claim, usually within 90 days where one is required (GML 50-e); suit generally within one year and 90 days (GML 50-i).
School Construction Authority
First step and time to sue (injury claims)A 50-e notice, and suit within one year (PAL 1744).
NYC Transit
First step and time to sue (injury claims)A 50-e notice, a 30-day wait, suit generally within one year and 90 days (PAL 1212).
A claim against the State itself
First step and time to sue (injury claims)Within 90 days, a claim filed with the Court of Claims and served on the Attorney General, or a notice of intention served on the Attorney General (CCA 10(3)).

These rows are for injury claims against the public body itself. A contractor working on a public job is a separate defendant, sued like a private party. Death claims, and the injured person's own claim continued after death (a survival claim), follow separate rules for each body.

Working across the river? Our Manhattan and Queens work accident pages cover the parties and owners common there.

Compensation and the lawsuit

How the two claims fit together

Your employer
Compensation is generally your only remedy against your own employer and a co-worker (WCL 11, WCL 29(6)). The exception: an employer that failed to carry compensation coverage can be sued, so we check.
Everyone else
You can collect compensation and also sue a party that is not your employer if it is legally responsible: through negligence, a Labor Law violation or a defective product. Notice of the lawsuit goes to the carrier within 30 days.
The lien
The compensation carrier usually has a lien on part of the recovery, after the costs of getting it. Statutory exceptions apply, for example no lien on certain motor-vehicle recoveries for benefits paid in place of no-fault benefits (WCL 29(1-a)). Future benefits can generally be credited against your net recovery.
Settling
A settlement for less than the compensation provided needs the carrier's written consent or a court order (WCL 29(5)). We seek one or the other before any settlement.
Grave injury and indemnity
A company you sue can seek common-law contribution or indemnity from your employer only if you suffered a grave injury. Separately, it may enforce a written indemnity agreement made before the accident in which your employer expressly agreed to indemnify it. Both are claims between the companies. Neither lets you sue your employer.

Our work is the injury lawsuit against people and companies other than your employer, on a contingency fee: no fee unless there is a recovery. At the consultation we explain how it fits with your compensation claim, where representation is optional and fees are set by the Board (WCB).

More on the two tracks: our work accidents guide.

After the injury

Care, notice and where the case is heard

  • Care first. Tell every doctor the injury happened at work.
  • Written notice. To your employer within 30 days (WCL 18); keep a copy.
  • The owner. Photograph the permit sign or site fence; it often names the owner and the contractor.
  • Statements. Talk to us before speaking to another company's insurer.

Where the case is heard. The Bronx's Supreme Court, Civil Term is at 851 Grand Concourse. A lawsuit is generally filed in a county where one of the parties lived when it started, or where a substantial part of the events happened (CPLR 503), so it may be heard in another county. We confirm it at the start.

The glass-fronted ambulatory building at Jacobi Medical Center in the Bronx, behind bare trees and a parking lot.
  • NYC Health + Hospitals/JacobiLevel I
  • NYC Health + Hospitals/LincolnLevel I
  • SBH Health SystemLevel II

Adult trauma designations from the New York State Department of Health. Listed for orientation, not as a recommendation or ranking; in an emergency, call 911.

Published results

Construction and work injury results

Quoted exactly as recorded. These are firm-wide results from work injuries; none names a county or the law the claim was brought under, and they are not predictions. Over 40 years, the firm has recovered more than $100 million for clients.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

See the full verdicts and settlements archive
  • $8,000,000

    $8 Million Dollar Settlement — 2nd Department

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation.

  • $1,157,000

    $1,157,000 Award

    Plaintiff injured at worksite sustaining traumatic tear of the left biceps tendon with tendon retraction which required surgery.

  • $750,000

    $750,000 Settlement

    Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.

Hurt on a NYCHA or City job?

Call us early. A notice to a public owner can be due within 90 days.

(516) 227-2662

Questions

Frequently Asked Questions About Bronx Construction Accidents

Offices

Where to meet us

Our offices are listed below, including the Corona office in Queens; the main office is in Uniondale.

  • Uniondale (main office)

    Convenient for Nassau and Suffolk counties

    423 RXR Plaza, East Tower, Uniondale, NY 11556(516) 227-2662

  • Brooklyn

    Convenient for Brooklyn and Staten Island

    3857 Kings Highway, #1f, Brooklyn, NY 11234(718) 710-4880

  • Corona (Queens)

    Convenient for Queens and the Bronx

    100-17 Northern Boulevard, Corona, NY 11368

  • Teaneck (New Jersey)

    Convenient for New Jersey

    696 Palisade Avenue, Teaneck, NJ 07666

Injured at work in the Bronx? Start with who owns the job

Tell us the address, the work you were doing and who employed you. We will identify the claim, the parties and the first deadline. Free consultation; no fee unless there is a recovery.

(516) 227-2662

What to bring

  • Site address and permit-sign photo
  • Your employer and the contractor on site
  • Photos of the device or hazard
  • Medical records and your written notice

Photo credits: Paradise Theater in scaffolding, Fordham by DanTD, CC BY-SA 4.0, cropped and resized.