Brett J. Nomberg is a top rated 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 caring and compassionate construction accident lawyer who is on your side.

If you or a loved one was injured from a construction accident, call us for a free consultation to speak with a top rated New York construction accident lawyers.

“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

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 knew the judge was wrong and promptly appealed the decision.

After he argued the decision before four judges, he received a favorable decision showing he had won the appeal. The lower court committed 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 afterwards settled the case for $3.6 Million dollars.

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.

The New York State Labor Laws, sections 240 and 241(6) require that the owner of the building and construction manager provide proper safety devices to a construction worker, regardless of whether they are directly supervising the work.  Proving the violation of these laws is how  the Law Office of Brett J. Nomberg helps our clients get the compensation that is needed for an injured construction worker and family members.

The burden for safety is placed upon the owners of the building and construction mangers because they decide who to hire and fire establishing their control over the work. The owners and their construction managers must prudently hire, and carefully watch over the different contractor companies to make sure they are providing their employees with proper safety devices and equipment to avoid injuries at the worksite.

At the Law Office of Brett J. Nomberg, we aggressively protect the rights of construction workers and fight to make sure they get the compensation they deserve. Construction work is one of the most dangerous jobs and often requires a person work from an elevated height. Proper safety devices and equipment is 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.

Ladder Accidents

The law requires a ladder to be properly secured to prevent a construction worker from falling. Leading 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 use the top step is unsafe. Ladders should have devices on the feet to secure them to the surface, and 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. The employer of a construction worker should be concerned more about the safety of a worker than the speed a project is performed. Whenever a construction worker falls from a ladder that is not properly secured or placed, you may be entitled to compensation for your injuries.

Scaffold Accidents

A scaffold that fails to support a construction worker and causes him to fall from a height warrants the legal assistance from experienced Construction Accident Lawyers. Safety belts and lines must be provided to workers if they are at risk of falling from a height while working. If a platform collapses, there is generally no excuse other than negligence, the failure to provide proper safety equipment, and the failure to provide a safe working environment.

A scaffold should be properly constructed to protect a construction worker from a fall. 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.

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 so 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 experienced Construction Accident Lawyers to get you the compensation you deserve. Whether you were a construction worker injured on the job, or a person walking by when the accident occurred, we can help protect your legal rights for such accidents for a monetary recovery.

Falling Objects

Objects on a construction site must be properly secured to prevent a serious accident and injury. Many construction workers each year are struck by falling objects that can cause serious head 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 and we will help you get the compensation you are entitled for your injuries.

Table Saw / Hand Saw Accidents

Hand saws and tables 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. At a construction site, the safety guards are often already removed off the machine to help the work get done quickly at the expense of the workers safety. Many construction workers using a table law have lost fingers, or had pieces of debris kicked back to them without safety goggles to protect them.

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

WHY A CONSTRUCTION ACCIDENT CASE NEEDS TO BE WON WITH THE JUDGE FIRST?

The most important step for a construction accident case is winning a summary judgment motion against the defendants.  This is a legal motion asking the court to issue an order finding the defendant is responsible for the accident even before a jury decides the case. We rely upon the deposition testimony and evidence obtained during the litigation to support our legal arguments. Once we win summary judgment, the only issue remaining for a jury is how much money to award for the person’s pain and suffering, loss of earnings, and medical expenses.

We have a long history of winning these motions and once summary judgment is awarded to our client, 9 percent interest a year accrues on the future jury award. Winning a summary judgment motion puts pressure on the defendants to settle the case.  If the jury award is several million dollars, 9 percent a year adds a considerable sum, and gives the insurance carrier strong incentive to promptly settle the case.

If the lower court judge fails to decide in our favor, we will appeal when necessary to reverse the decision of the lower court. We handle all our own appeals, which involves drafting legal briefs, filing the original motion papers, and orally arguing the case before 3 to 5 judges. We have a long proven history of succeeding in these appeals, and our wins have become permanent judicial precedents.

We will demand all the necessary documents from the defendants to win the case early in the litigation and support our motion for summary judgment. These documents include construction contracts, maintenance records, daily work logs, meeting minutes, construction photographs, accident reports, inspection reports, and all other necessary work records.

Oftentimes, defendants try to conceal these documents, or their defense attorneys obstruct, delay, and refuse to provide them. We are experienced at uncovering the truth and obtaining the documents by showing the court why the documents are necessary and available.  We promptly make motions asking the court to sanction the defendants if they do not provide us with the documents we are demanding.

A deposition is the taking of testimony under oath which is recorded by a court stenographer and memorialized in writing.  We will 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 information needed to win our case. The deposition transcripts will be exhibits to our motion papers and the testimony summarized for the court to convince the judge why we should win as a matter of law.

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

WHY ARE EXPERT WITNESSES NEEDED?

Lost earnings is 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 will hire economic experienceds 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 will be calculated by an experienced.

Medical experienceds are needed to prove what the injuries are and that they were caused by the accident. A doctor is also needed to testify about whether the injuries are permanent and prevent a person from returning to work. Without a doctor testifying at trial, a jury will not be permitted to consider the injuries or lost earnings. We will obtain medical reports from your treating physicians which is necessary so they may testify at trial about your injuries and disabilities.

It is easy to understand that a ladder should not collapse. However, sometimes a construction experienced is needed to help a judge or jury understand why a safety device was necessary and why it failed. These experienceds can be engineer’s, safety experienceds, or construction managers who understand what safety devices are needed at a construction site. When necessary we will find a qualified and reputable experienced to help prove our case.

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

A worker may be entitled to have a workers compensation claim and a personal injury lawsuit. The Law Office of Brett J. Nomberg litigates both of these actions and we will immediately help you to promptly obtain Workers Compensation benefits after a construction accident. In addition, we will commence a lawsuit against the owner of the building and other defendants if the defendants failed to provide proper safety devices for the construction worker. Our Workers Compensation Department has the experience and skill to help secure wage compensation payments to manage your life while treating.  We will take testimony from your doctors to help make sure your medical treatments are approved by the Workers Compensation Board.

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 to the marriage as a result of one spouse being injured. In one case Mr. Nomberg took to trial, a jury awarded a spouse over a million dollars for her losses. Her husband had suffered a brain injury and their marriage was irreparably affected.

WHAT ARE THE IMPORTANT TIME LIMITATIONS FOR CONSTRUCTION ACCIDENTS?

Strict time limitations exist to commence a lawsuit for a construction accident, and evidence must be gathered quickly to help win the litigation.  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 accident, and one year and 90 days to file suit. If the defendant is not a municipality, then the time to commence suit is three years from the date of 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.

5 HELPFUL FREE TIPS FROM CONSTRUCTION ACCIDENT LAWYERS

● 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.
● Obtain the names, addresses, and phone numbers of all witnesses to the accident.
● Obtain photographs of the accident site and your injuries.
● Obtain the names of the owner, general contractor, site safety supervisor, and any subcontractors responsible for the accident.
● Inform your treating physicians that you had a work related accident.

If you were involved in an accident, call the Law Office of Brett J. Nomberg, experienced New York Construction Accident Lawyers, at  212-808-8092 to help you recover the compensation you deserve. We speak Spanish, Polish and Russian. The consultation is free and there is no fee unless we win.