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Common Questions About Construction Injuries

Our New York City construction accident lawyers handle claims involving workplace injuries. Contact The Perecman Firm, P.L.L.C. at (212) 577-9325 for more information about our practice, or schedule a free case evaluation by completing our online form. Below are answers to some of the questions we most frequently receive in this practice area.


"Every case has its weaknesses. It is the job of a good personal injury lawyer to turn those weaknesses into strengths and to blow the defense out of the water." 

- David Perecman, Personal Injury Attorney

Frequently Asked Questions

Construction Accidents
  • Q:Is there a chance I am entitled to more than just workers’ compensation after a construction injury?

    A:Yes. Even though you’re prohibited from directly suing your employer under workers’ compensation laws, you can still file a lawsuit against the general contractor and site owner whether or not their actions were connected to your injury.

  • Q:What is a deposition?

    A:Depositions are statements given under oath and in front of a court reporter, most often in an attorney’s office. Attorneys representing both parties may ask the witnesses their own questions. Once the court reporter transcribes everything the attorneys and witnesses said and distributes copies to the necessary parties, the witnesses need to sign the documents in order to make it official. A New York construction accident attorney can help prepare you and any witnesses on your side for your statements and work to defend you throughout the process.

  • Q:What is an expert witness? 

    A:Expert witnesses have specific knowledge of a particular field far beyond what the typical layperson would know. For instance, doctors are often called in to testify during medical malpractice cases and accident reconstruction experts are often called in to testify during construction accident cases. In most cases, an expert witness is permitted to testify their opinion, while a typical layperson can only testify on the facts in question.

  • Q:What is a settlement offer?

    A:When you settle your case, it means that you have agreed to dismiss your claim against the entity or person that injured you for a certain sum of money. There are a number of documents you need to sign that will release the defendant from any additional liability. A New York construction accident lawyer can help you decide whether or not accepting the settlement offer is in your best interest by 1) Estimating the length of the trial 2) Estimating a potential range of verdict amounts and 3) Providing you with a realistic assessment of the chances of success for your personal injury lawsuit. You could be offered a settlement at any point during the course of your personal injury lawsuit: before the trial begins, before the jury has reached a verdict, or even once the case is on appeal after the trial is complete.

  • Q:What are punitive damages?

    A:In cases where a defendant’s actions are deemed particularly outrageous, the court may look to penalize them with punitive damages on top of future considerations, lost wages and injuries. In cases where negligence led to your injuries, the court will most often award punitive damages when the defendant acted in a willful and wanton or reckless manner.

  • Q:How much time do I have before I need to hire an attorney?

    A:The sooner you hire a New York personal injury attorney, the sooner we can get to work preparing your case. There’s a limited amount of time you can pursue legal action in court. Even if you manage to file your lawsuit in time, if you wait too long it could severely restrict the amount of evidence you are able to collect in order to support your claim. After submitting your claim to an insurance company, it’s important to keep in mind that they are highly trained at negotiating and handle hundreds of cases every year. An attorney can help you throughout these negotiations in order to secure the most beneficial outcome.

  • Q:Am I required to give a recorded statement?

    A:While come contracts with insurance companies may include a cooperation clause, they do not always require you to give a recorded statement. If you give a recorded statement, make sure to receive a copy of the transcript for your own records, and be aware that it may be used against you.

  • Q:Who is responsible for ensuring safe conditions at the construction site?

    A: General contractors, property owners, subcontractors, and, depending on the situation, safety inspectors are in charge of maintaining a safe work environment for construction workers. Depending on your case, each party will carry a different percentage of responsibility.

  • Q:I’m working again, but my injuries prevent me from performing the same work I used to do and I’m worried that I won’t be able to financially support my family. Do I still have a construction accident injury claim?

    A:If you were forced to accept a different position that doesn’t have the same potential for salary increases or advancement due to your injury, or if your injuries are preventing you from making the same level of income you earned before the accident, you may still be able to file a claim. Even if you earn the same wages after your injury as you did before, you may still be able to file a claim.

  • Q:Do I even need to hire an attorney to help me with my case?

    A:Construction accident cases often involve legal issues including how much you can recover in damages, indemnity, engineering, safety regulation compliance and liability. An experienced construction accident attorney can help you navigate the process and fight to secure you the maximum compensation possible. Contact our attorneys at The Perecman Firm, P.L.L.C. to discuss your case today.

The Perecman Firm

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