When an accident happens beneath New York City, the path to financial recovery is not a typical workers' compensation case. Are you wondering how you'll pay your bills while you heal? Or what happens if you can't return to the same line of work?
You should know that New York has specific laws designed to protect tunnel workers. These laws recognize the exceptional dangers you face and place a high degree of responsibility on property owners and general contractors to prevent accidents. This means you may have the right to seek compensation far beyond what workers' comp provides.
Our firm focuses on these specific types of claims for tunnel workers across Long Island and the five boroughs. We understand the medicine and the law. If you were injured working in a tunnel, call The Perecman Firm today at (212) 977-7033 for a free, no-obligation conversation about your case.
HOW IT WORKS
FREE CASE REVIEW
We'll discuss options for your immediate financial needs, assess if your case is worth pursuing, and estimate the timeline for full compensation.
AN IRONCLAD CASE
As your counsel, we thoroughly analyze all evidence and expert testimonies to build an ironclad case proving liability and the extent of your injuries.
BATTLE THE BULLIES
As your trusted advocate, we pursue the maximum compensation you deserve, standing firm against intimidation and unfair settlement offers.
NO FEES
UNLESS WE WIN YOUR CASE
Why Choose The Perecman Firm for Your Tunnel Accident Case?
A Record of Results in Complex Workplace Accidents
For over 40 years, our practice has focused on representing injured workers in difficult and high-stakes cases, particularly those in construction and tunneling. We have secured nearly $1 billion in verdicts and settlements for our clients.
Deep Experience in New York Labor Law
We have a long history of handling cases involving New York's protective Labor Laws. Our founder, the late David H. Perecman, was named "Lawyer of the Year" in Long Island for Personal Injury Litigation, a testament to our commitment to the region.
We Handle Everything, So You Can Heal
- Free Case Review: We will listen to your story and explain your legal options without any cost or commitment.
- No Win, No Fee: You will not pay us anything unless we secure compensation for you. Our fee is a percentage of the recovery we obtain.
- Direct & Personalized Attention: Your case will be handled by our dedicated construction accident attorneys, not passed off to a junior associate. We are a multilingual firm, ready to assist clients in Spanish, Russian, Slovakian, and Polish.
What Compensation Is Available After a Tunnel Accident?
The purpose of a tunnel accident claim is to provide financial stability for every loss you have suffered because of your injury. Compensation is generally divided into three categories.
Economic Damages: The Tangible Costs
These are the measurable financial losses tied directly to your accident. Think of them as every bill and receipt that has piled up since the injury.
- Medical Expenses: Every cost from the initial emergency response to future needs, including surgeries, hospital stays, physical therapy, medication, and necessary medical equipment.
- Lost Wages: The income you've already lost from being unable to work.
- Diminished Earning Capacity: If your injuries prevent you from returning to your previous job as a tunnel worker, this covers the difference in your potential earnings over your lifetime. This is frequently the most significant part of a claim.
- Vocational Rehabilitation: The cost of training for a new line of work if you cannot return to your old one.
Non-Economic Damages: The Human Cost
While no amount of money can undo the harm, this is the law's way of acknowledging your suffering.
- Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.
- Loss of Enjoyment of Life: For the hobbies, activities, and daily joys your injury has taken from you.
- Mental Anguish: Addressing conditions like anxiety, depression, or PTSD that can follow a traumatic accident.
Punitive Damages: Holding Reckless Parties Accountable
This category is rare and reserved for cases where the defendant's conduct was exceptionally reckless or malicious. Punitive damages are not meant to compensate you for a loss, but to punish the wrongdoer and deter similar behavior in the future.
The Unique Dangers of Tunnel Work in NYC and Long Island
Tunneling beneath one of the world's most congested areas presents challenges found nowhere else. From major projects like the LIRR's East Side Access and the ongoing repairs to the East River Tunnels to routine maintenance, the risks are constant.
A Tale of Two Geologies: Manhattan Bedrock vs. Long Island Soil
- Manhattan: Tunneling through the island's hard bedrock requires powerful drilling and blasting, which generates immense amounts of crystalline silica dust. This invisible hazard commonly leads to incurable lung diseases like silicosis.
- Long Island: The soil is largely composed of glacial till and sand, making collapses and cave-ins a more pronounced risk if shoring and support systems are not properly implemented.
Where Accidents Happen: Common Hotspots
- Confined Spaces: The very nature of a tunnel limits mobility and escape routes, amplifying the danger of any incident.
- Excavation and Entry Points: Shafts and entryways are frequent sites for falls from heights or being struck by falling materials.
- Active Rail and Road Tunnels: Workers performing maintenance in active tunnels like the Lincoln Tunnel or subway tunnels face the added danger of being struck by vehicles or trains.
NYC Construction Accident Statistics
Recent data from the NYC Department of Buildings paints a stark picture of construction dangers in the city.
- In 2023, there were 692 construction-related injuries reported in NYC.
- Falls remain the leading cause of death on city job sites.
What Are Your Rights in NYC Tunnel Worker Accident Cases?
Workers' Compensation: The First Line of Defense
This is a no-fault system that covers your medical bills and a portion of your lost wages, regardless of who caused the accident. You are entitled to these benefits as an employee.
New York Labor Law § 240: The "Scaffold Law"
- What it is: This law is designed to protect workers from gravity-related risks. This includes falls from any height (ladders, scaffolds, into shafts) and injuries from being struck by a falling object.
- How it helps you: It places "strict liability" on property owners and general contractors. In simple terms, this means if you are hurt in a gravity-related accident, you generally do not have to prove the owner or contractor was negligent. You only need to show that they failed to provide the proper safety equipment and that this failure caused your injury.
If you’re asking who’s to blame after a construction accident, §240(1) often puts responsibility on owners and GCs when proper safety devices are missing or fail, even if you’re alleged to be partly at fault.
New York Labor Law § 241: Specific Safety Rules
- What it is: This law requires owners and contractors to follow specific, detailed safety rules outlined in the New York State Industrial Code for all construction, demolition, and excavation work.
- How it helps you: It covers a wide range of hazards, from protecting workers in elevator shafts and hatchways to ensuring proper guards on machinery. If your injury was caused by a violation of one of these specific rules, the owner and contractor can be held liable.
New York Labor Law § 200: The General Duty of Safety
- What it is: This law codifies the basic common-law rule that all employers and property owners must provide a reasonably safe place to work.
- How it helps you: This applies to dangers that aren't covered by the other two laws. To win a claim under this section, we typically must show that the owner or contractor created the dangerous condition or knew about it and failed to fix it.
Common Causes and Injuries in Tunnel Accidents
The underground environment creates a unique set of hazards that can lead to life-altering injuries. We frequently see cases arising from:
- Tunnel Collapses & Trenching Accidents: Often due to inadequate shoring, unstable soil, or failure to follow excavation safety protocols.
- Falls from Heights: Falling from ladders, scaffolding, or into unmarked shafts and openings.
- Struck-By Incidents: Being hit by falling rock, tools, or materials from above.
- Equipment Malfunctions: Accidents involving tunnel boring machines (TBMs), lifts, cranes, and other heavy machinery.
- Atmospheric Hazards: This includes fires, explosions, lack of oxygen, or exposure to toxic gases like radon.
- Electrocution and Burns: Contact with unmarked or improperly grounded electrical lines.
- Long-Term Exposure: Breathing in harmful substances like silica dust, which might take years to show its effects.
The Injuries We See in These Cases
- Traumatic Brain Injuries (TBIs): From falls or being struck by objects.
- Spinal Cord Injuries & Paralysis: Often resulting from collapses or severe falls.
- Crush Injuries & Amputations: Caused by being caught in machinery or collapses.
- Severe Burns: From electrical shock or fires.
- Orthopedic Injuries: Multiple broken bones and fractures.
- Occupational Illnesses: Silicosis, COPD, and other respiratory diseases from dust and fume exposure.
Dealing with Employers and Their Insurance Companies
After an accident, you may find that your employer and its insurance carrier are not as helpful as you would hope. It's important to remember their primary goal: to protect their own financial interests. This creates an inherent conflict of interests.
Anticipating Their Approach
- A Quick, Low Settlement Offer: The insurer might offer a fast payment that seems like a lot of money at first. This is a tactic to close your case before the full extent of your injuries and future costs are known. Accepting it means you give up your right to seek further compensation.
- Disputing the Cause of the Injury: They may try to argue that your injury wasn't work-related or that it was a pre-existing condition.
- Claiming You Were at Fault: While your own negligence may not bar a claim under the Scaffold Law, they will use it to try and reduce their liability under other parts of the law.
- Using Your Statements Against You: They will record conversations and may ask leading questions designed to get you to say something that weakens your case. It is best to let your lawyer do the talking.
What You Should Do Now to Protect Your Rights
While your legal team handles the details of your case, there are several things you should do from home to help strengthen your claim.
Follow Your Doctor's Orders
Attend all medical appointments and physical therapy sessions. Following your treatment plan shows that you are serious about your recovery.
Keep a Simple Journal
On days you feel up to it, jot down a few notes about your pain levels, how your injuries are affecting your daily life, and any challenges you're facing. This can become powerful evidence of your pain and suffering.
Hold Onto All Paperwork
Keep every medical bill, receipt for prescriptions, and any other document related to your accident and injuries in a single folder.
Avoid Social Media
Insurance companies will search your social media profiles for photos or posts they can take out of context to argue that your injuries aren't as severe as you claim. It is safest to stay off these platforms entirely until your case is resolved.
Do Not Give a Recorded Statement
You are not obligated to give a recorded statement to your employer's insurance company. Politely decline and refer them to our office.
Frequently Asked Questions About Tunnel Accident Claims
Can I still file a lawsuit if I'm already receiving Workers' Compensation?
Yes. Workers' Compensation and a personal injury lawsuit under the New York Labor Laws are two separate avenues for recovery. Workers' Comp covers your immediate medical needs and partial wages, while a lawsuit seeks to recover full compensation for all of your losses, including pain and suffering, from the responsible property owner and general contractor.
How long do I have to file a claim in New York?
The deadlines, known as statutes of limitations, are strict. For most personal injury claims in New York, you have three years from the date of the accident. However, if a government entity (like the MTA or the City of New York) is involved, you must file a Notice of Claim within 90 days. It is critical to act quickly to preserve your rights.
What if my accident was caused by my own mistake?
This is a key reason why New York's Labor Laws are so important. Under Labor Law § 240 (the Scaffold Law), your own comparative fault generally cannot be used to reduce your recovery. Even if you made a mistake, if the owner or contractor failed to provide proper safety devices and that failure was a cause of your injury, they could still be held 100% liable.
I work for a subcontractor. Who is actually responsible for my injuries?
Under New York Law, the responsibility for worker safety falls on the property owner and the general contractor. These parties have a "non-delegable duty," which means they cannot escape liability by blaming a subcontractor. We are able to pursue a claim against them even if they weren't directly supervising your work.
Let Us Handle the Fight While You Focus on Your Future
You need to focus on your health and your family, not on fighting with insurance companies or deciphering dense legal codes. That is our job. The Perecman Firm has been the voice for injured workers in NYC and Long Island for decades. As experienced NYC tunnel worker accident lawyers, we are prepared to unleash the full breadth of our resources, knowledge, and resolve to see your case through.
Let us help you secure the resources you need to rebuild. Call us now at (212) 977-7033 or fill out our online form for a free, confidential consultation.