Brett J. Nomberg
New York’s Top

New York Construction Accident Lawyer

Protecting Injured Victims and their Familiesfor over 30 Years.
Call Now for a Free Consultation

212-808-8092

New York Construction Accident Lawyer

Experienced Construction Accident Attorney in New York

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Brett J. Nomberg is a construction accident attorney who has been successfully helping construction accident victims for over 30 years. Mr. Nomberg treats clients like family. Right from the start, you will feel at ease working with a caring and compassionate construction accident lawyer who is on your side. If you or a loved one was injured in a construction accident, call us to speak with a top-rated New York construction accident lawyer.

“I will never forget the day on which I reported to your office in regards to my unfortunate accident. I did not think myself that we will win this difficult matter and become victorious, especially after being rejected by numerous other attorneys… but your professionalism Brett, dedication and determination, not to mention a huge heart, was how we prevailed.”

– Aleksander, Former Construction Client

*Client testimonials reflect individual experiences and do not guarantee a similar outcome.

Your Fight Is Worth Taking On

Brett Nomberg Law offers free consultations with no attorney fee unless you win. If you were injured due to someone else’s negligence, the Top New York Personal Injury Attorney is ready to hear your story. Call anytime — 24 hours a day, 7 days a week.

OUR VICTORIES IN COURT

Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes. **

  • $3.6 million settlement. A Manhattan construction worker fell off a 6-foot ladder.
  • $3.2 million verdict. A Queens construction worker fell 12 feet and suffered disc herniations and a fractured vertebrae.
  • $2 million settlement. A Brooklyn construction worker fell while being hoisted in a bucket.  
  • $1.5 million settlement. A Bronx construction worker was struck by falling debris. 
  • $875,000 settlement. A Westchester construction worker was hit by a 5-gallon paint bucket that fell on his head.

**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

WE HELP CONSTRUCTION WORKERS OBTAIN MULTI-MILLION DOLLAR AWARDS

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A client of Mr. Nomberg, an electrician, was required to stand on the very top of an A-frame ladder because the floor was covered with debris that prevented the use of the proper-sized ladder. The electrician fell onto the construction debris, which the defendant owner of the property was repeatedly asked to clean.

Mr. Nomberg moved for summary judgment, asking the court to find the defendant was at fault as a matter of law, but the lower court improperly denied his motion.  He promptly appealed the decision. After he argued the decision before multiple judges, he received a favorable decision showing he had won the appeal. The lower court committed an error of law, and the judge’s decision was reversed.

The Appellate court determined that he had properly proven the defendant was at fault as a matter of law, and the lower court was wrong in denying his relief. After he won this decision, the defendants shortly afterward settled the case for $3.6 million dollars.

Another Example

In another construction accident case, he won summary judgment for his client but the defendant would not agree to settle for anything more than a few hundred thousand dollars, so we went to trial. The jury came back with a $3.2 Million dollar verdict.

The defendant attempted to appeal by arguing the plaintiff as an undocumented worker was not entitled to recover his lost earnings. Mr. Nomberg opposed their appeal and the verdict was upheld, along with 9% interest added to the award.

See more of our  million-dollar verdicts and settlements for New York construction accidents.

CONSTRUCTION WORKERS MUST BE GIVEN PROPER SAFETY DEVICES

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New York State Labor Laws, require that the owner of the building and the general contractor provide proper safety devices to a construction worker, regardless of whether they are directly supervising the work.  Proving a violation of these laws is one way the Law Office of Brett J. Nomberg helps injured construction workers get fair compensation after an accident. 

New York’s Labor Laws place strict liability on owners and general contractors. This means that an injured worker does not need to prove the owner or general contractor was negligent but only that they failed to provide proper protection as required by the Labor Laws. 

Our Approach

At the Law Office of Brett J. Nomberg, we aggressively protect the rights of construction workers and fight for the compensation they deserve. 

Construction work is one of the most dangerous jobs and often requires a person to work at an elevated height. 

Proper safety devices and equipment are relied upon to keep construction workers safe. Scaffolds are supposed to hold a worker and not collapse. Ladders are supposed to support a construction worker. Objects from above are not supposed to land upon a construction worker. Cranes are not supposed to fall. Safety guards for saws must be provided. Walls must be properly shored, and construction debris must be routinely cleaned.

5 TYPES OF COMMON CONSTRUCTION ACCIDENTS

1. Ladder Accidents

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The law requires a ladder to be properly secured to prevent a construction worker from falling. Ladders can collapse if not properly secured at the base and top. A-frame ladders that are not tall enough and require a construction worker to stand on the very top step are unsafe. 

Ladders should have devices on the feet to secure them to the surface, and it is often good practice to have a person holding the ladder in case the ladder or worker slips. If the ladder collapses or slides, which causes a worker to fall, it generally means the ladder was not properly secured.

Oftentimes, a worker is asked to climb an extension ladder without anyone supporting the ladder from shifting or moving, which results in an accident. Property owners and general contractors should be more concerned about the safety of a worker than the speed at which a project is performed. If you fall from a ladder that is not properly secured or placed, you may be entitled to compensation for your injuries.

2. Scaffold Accidents

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A scaffold that fails to support a construction worker and causes a fall from a height warrants legal assistance from an experienced construction accident lawyer. Safety belts and lines must be provided to workers if they are at risk of falling from a height while working. Property owners and general contractors are strictly liable for construction worker scaffolding injuries. An injured construction worker does not need to prove that negligence occurred, but only that proper safety equipment was not provided.

 If you or a family member has fallen off a scaffold while on the job at a construction site, you may be entitled to legal compensation for your injuries.

3. Crane Accidents

Cranes are designed to hold a certain weight of material and must be operated with concern about who is standing underneath. Materials must be properly secured using proper hooks and straps before beginning to lift.

A crane must also be secured when not being used, and if heavy winds are expected, a crane should not be left unattended, as it can be a hazard to pedestrians or construction workers. If a crane has fallen or collapsed and caused you to suffer an injury, you should immediately call an experienced construction accident lawyer. 

Whether you were a construction worker injured on the job or a person walking by when the accident occurred, we can fight to protect your legal rights and potential financial compensation. 

4. Falling Objects

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Objects on a construction site must be properly secured to prevent a serious accident and injury. Many construction workers are struck by falling objects each year, which can cause serious injuries, even while wearing a construction hard hat. 

Even a small object that falls from a height can cause permanent and deadly injuries to someone who is working below. If an object falls from a height while at a construction project, causing injury, you should call to learn more about possible compensation and how an experienced New York City construction accident lawyer may help protect your rights.

5. Table Saw / Hand Saw Accidents

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Hand saws and table saws are dangerous tools that can cause serious injuries. Guards and safety goggles are necessary safety equipment when using these construction tools to protect workers from injuring themselves. 

If a construction worker was not provided with the necessary safety devices when using this construction equipment, the owner of the property and the general contractor  may be responsible for the accident and injuries.

WHAT EVIDENCE IS NEEDED TO WIN A CONSTRUCTION ACCIDENT CASE?

We will demand all the necessary documents from the defendants to prove your case, to support settlement negotiations, make motions for summary judgment, and prepare the case for trial. Important documents may include but are not limited to:

  • Construction contracts
  • Maintenance records
  • Daily work logs
  • Meeting minutes
  • Construction photographs
  • Accident reports
  • Inspection reports
  • Other work records
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Defendants and their counsel may try to conceal these documents, but we are experienced at uncovering the truth and obtaining the documents.  We promptly make motions asking the court to sanction the defendants if they do not provide us with the documents we are demanding.  When they are caught concealing evidence, the courts have sanctioned defendants by determining they are now at fault for the accident as a matter of law.  The case then proceeds to a jury trial only to decide the amount of the damages.  We will then present the testimony of treating physicians, an economist for lost earnings, and the testimony of the plaintiff and relevant family members.  Sometimes a life care planner is needed as well if a person can no longer take care of themselves.

A deposition is the taking of testimony under oath, which is recorded by a court stenographer and memorialized in writing.  We may ask questions of the defendants, including the foreman and site safety supervisors, to help prove our case with their responses. We are experienced in asking the right questions to gather the necessary information. 

Post-Deposition

The deposition transcripts are sworn testimony that can be used to convince the judge why we should prevail and win the case as a matter of law.  Taking depositions is one of the most important tools used and it requires an experienced personal injury attorney with decades of experience to get the information necessary to prove your case.

Co-workers at the site often have information that can help the case. We will work to obtain the testimony of all eyewitnesses who saw the accident, and those who can verify the unsafe conditions at the time of the accident. Not all witnesses want to cooperate, especially if they are still working for the defendant. Under those circumstances, we may serve a judicial subpoena on the witness to compel their testimony.

WHY ARE EXPERT WITNESSES NEEDED?

Lost earnings are a substantial part of any construction accident case. The loss of past and future earnings is a loss that can be definitively quantified. In preparing for trial, we may hire economic professionals to review your tax returns and employment wage records to determine your past and future loss of earnings.  The loss of union benefits, including health insurance, is also an item of damage that may be calculated by an experienced professional.

Medical professionals may be needed to prove what the injuries are and that they were caused by the accident. A doctor may also testify about whether the injuries are permanent and prevent a person from returning to work. We will obtain medical reports from your treating physicians, which is necessary so they may testify at trial about your injuries and disabilities. Without expert medical testimony, a jury will not be permitted to make an award for damages. 

It is easy to understand that a ladder should not collapse. However, sometimes a construction professional is needed to help a judge or jury understand why a safety device was necessary and why it failed. These professionals can be engineers, safety professionals, or general contractors who understand what safety devices are needed on a construction site. When necessary, we will find a qualified and reputable expert witness to help prove our case.

CAN I HAVE BOTH A WORKERS COMPENSATION CLAIM AND A PERSONAL INJURY CLAIM?

Yes, a worker may be entitled to have both a workers’ compensation claim and a personal injury claim. The Law Office of Brett J. Nomberg can help you litigate both of these actions.  If a personal injury settlement is reached or jury verdict obtained, then the Workers’s Compensation carrier will be entitled to recoupment of about 2/3 of the money they paid for medical and lost wages.

CAN MY SPOUSE BE COMPENSATED FOR THEIR LOSS?

In New York, when one spouse is injured, the other spouse may recover for loss of consortium and society. Those are the emotional, physical, and financial losses suffered in the marriage as a result of one spouse being injured.

WHAT ARE THE IMPORTANT TIME LIMITATIONS FOR CONSTRUCTION ACCIDENTS?

Strict time limitations exist to commence a claim for a construction accident, and evidence should be gathered quickly. In New York State, if the defendant is a municipality like the City of New York, you have only 90 days to file a Notice of Claim from the date of the accident, and one year and 90 days to file a claim. If the defendant is not a municipality, then the time to commence a claim is three years from the date of the accident. 

For Workers’ Compensation benefits, the injured workers must report the accident to their employer within 30 days of the accident. A Workers’ Compensation claim must be commenced within two years.

30 Years of Beating NY’s Largest Defense Firms

Big Firm Results. Personal 24/7 Attention.

Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.

Call Now for a Free Consultation

(212) 808-8092

Serving NYC, Long Island, Westchester, and All of New York State. Available 24/7.
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5 HELPFUL FREE TIPS FROM CONSTRUCTION ACCIDENT LAWYERS

If you plan to file a claim following a construction site accident in New York State, you need to follow certain rules and procedures. Here are five (5) tips for how to get and keep your case on track:

  1. Within 30 days of the accident, file a report with the Site Safety Supervisor, your employer, your employer’s insurance company, and the State of New York.
  2. Obtain the names, addresses, and phone numbers of all witnesses to the accident.
  3. Obtain photographs of the accident site and your injuries.
  4. Obtain the names of the owner, general contractor, site safety supervisor, and any subcontractors responsible for the accident.
  5. Promptly hire an experienced construction accident lawyer to assist you with your claim.

REASONS TO HIRE A CONSTRUCTION ACCIDENT LAWYER

If you’re considering opening a construction accident case to hold your employer or a liable third party accountable for an injury you sustained while on the job, you should hire a construction accident lawyer right away. Construction accidents are a specialized area of law that can be very complicated, and your attorney can help you effectively prove your case to obtain a fair recovery.  

Your New York construction accident lawyer can help you determine the right way to move forward with your case. Hiring a lawyer is the most effective way to improve your odds of a successful outcome.

FAQs

What Is the Most Common Cause of Construction Accidents?

Most construction site accidents are caused by preventable hazards. According to OSHA, falls from heights represent the leading cause of fatalities. Falling objects are also a leading cause of accidents.  No matter how your injury occurred, you can work with a New York construction accident attorney to file a claim and seek compensation.

What Is the Number One Injury in Construction?

The number one injury in construction accidents are falls from a height. Construction workers make up 49% of fatal occupational slips, trips, and falls.

What Leads to the Most Deaths in Construction?

Falls from a height can cause the most harm to a person that leads to their death, and they typically occur due to a lack of adequate fall protection. Failing to provide workers with the correct safety and protective equipment can lead to fatalities on construction sites. If you’ve lost a loved one to a construction accident, contact a lawyer with experience interpreting construction accident laws to assist with your case.

What Is the Deadliest Construction Job?

The deadliest construction job is generally considered to be roofing. Roofers are more prone to catastrophic falls from elevated heights due to their working conditions. Other deadly construction-industry professions include steel and ironworks, demolition work, and residential and commercial building construction. If you’ve lost a loved one to a construction site accident, it doesn’t matter what field they were working in. You deserve to be compensated for your loss.

What Construction Job Is Hardest on the Body?

The construction jobs that are widely considered to be hardest on the body include roofing, masonry, and concrete finishing. These trades all combine heavy lifting with awkward postures, often leading to chronic joint and back problems. Injuries and chronic pain caused by these issues are usually covered under workers’ compensation insurance.

If you were involved in an accident, reach out to the Law Office of Brett J. Nomberg, experienced New York Construction Accident Lawyer. Contact us online to help you recover the compensation you deserve.

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legal expenses at the conclusion of the case. Past outcomes do not guarantee every case will be successful.

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