A nail gun kicked back, a saw bound up, or a grinder wheel shattered. You did the job you were hired to do, but did someone else’s shortcut or a manufacturer’s flawed design put you into the emergency room? A New York construction accident lawyer may be able to help you answer those questions so that you can decide how you want to proceed.
New York law gives injured construction workers several routes, and you may want to start by talking with a construction accident attorney in New York before signing anything. Learn more in this guide from Dervishi Law Group, P.C.
How a Construction Accident Happens With Power Tools
Since power tools do the heavy lifting on every construction site, it’s no surprise that they also cause a large share of on-the-job injuries. A circular saw spins fast enough to sever tendons before you can pull your hand back, and a pneumatic nail gun can drive a fastener through bone in a fraction of a second.
According to the U.S. Consumer Product Safety Commission, table saw blade contact injuries in 2015 put 30,800 people in the emergency room, with almost 94% of those injuries involving a finger. Speed is what makes these tools dangerous because you may not have a chance to react.
New York construction accident lawyers may look for several patterns to explain power tool injuries at construction sites, including:
- Defective or poorly designed tools: A trigger fired without full contact or a blade shattered under normal use.
- Missing or removed safety features: Someone disabled a guard to work faster, and the next worker suffered for it.
- Inadequate training: A foreman handed you a tool you’d never used and told you to figure it out.
- Poor maintenance: Frayed cords or worn bearings turned your routine cuts into kickback events.
- Unsafe site conditions: Cluttered walkways or bad lighting caused you to slip while holding a running tool.
According to NIOSH, nail guns send about 37,000 people to emergency departments each year, with roughly 60% of those injuries happening on the job. The injuries that follow tend to be severe, resulting in amputations, deep lacerations, crushed fingers, eye damage from flying debris, hearing loss, and nerve damage. Electrocution is also a serious risk if a damaged cord comes into contact with water.
What a New York Construction Accident Lawyer Reviews When Building Your Case
According to the New York City Department of Buildings, the city recorded 320 construction-related injuries in 2025 alone. Several parties may share responsibility, and your claim may involve more than one of them. For example, New York law may let you pursue workers’ compensation and a separate lawsuit against a third party where the circumstances justify this route.
Workers’ compensation is the baseline, covering medical treatment and a portion of your lost wages, regardless of who caused the accident. You can file a claim through the New York State Workers’ Compensation Board, with the tradeoff being that you cannot sue your direct employer. If someone other than your employer contributed to the accident, you may also choose to hold that party accountable in civil court via a third-party claim for pain and suffering and other damages.
Potential third parties may include a property owner, a general contractor, a subcontractor whose crew created the hazard, a tool manufacturer, or even an equipment rental company. New York Labor Law Section 240 applies to elevation-related risks, Section 241(6) covers violations of specific safety regulations in the Industrial Code, and Section 200 codifies the general duty to provide a safe workplace. Your New York construction accident lawyer may also suggest going the product liability route if a manufacturer sold a tool with a design flaw or inadequate warnings.
According to a New York City Health Department report, OSHA cited at least one serious safety violation in 90% of the investigations it reviewed. Your attorney may also suggest looking for evidence on the job site such as:
- The tool itself
- Maintenance logs
- Rental agreements
- Purchase records
- Site photographs
- Safety meeting records
- Training sign-in sheets
- Witness statements from coworkers or visitors
- Recall notices
- Prior complaints about the same tool model
Your medical records will also tie everything together.
What a Construction Injury Lawyer in NYC Will Flag Immediately
For a New York construction worker, power tool injury claims typically start with workers’ compensation. However, you may also pursue a third-party lawsuit to seek restitution for power tool injuries at construction sites that includes full lost earnings, future lost earning capacity, pain and suffering, disfigurement, or the loss of the enjoyment of life. New York may also recognize loss of consortium in some cases.
If you recover through a third-party lawsuit, the workers’ compensation carrier may assert a lien against part of that recovery. Since the two claims may interact, the process needs careful coordination by your New York construction accident lawyer. Different claims may also carry different clocks, so you’ll want to report your injury to your employer in writing as soon as you can and give the state your written notice within 30 days of the accident.
Workers’ compensation claims generally carry a two-year filing deadline from the date of the accident. Personal injury lawsuits against third parties typically allow three years in New York. Claims against a public entity may require a notice of claim within 90 days instead.
Steps To Take After a Construction Site Accident
What you do in the first week may shape what is possible for you months later. Report the injury to your supervisor in writing and keep a copy for yourself. You should also seek medical care immediately, even if the injury seems manageable.
If you can do so safely, photograph the tool, the scene, your injuries, and anything else that seems relevant at the time. You can also write down the names of everyone who saw what happened. Do not sign statements or releases from an insurance company before you understand what they mean.
Take the Next Step With Dervishi Law Group, P.C.’s Construction Accident Attorney in New York
New Yorkers can get in touch with Dervishi Law Group, P.C., to discuss their cases with a construction accident attorney. For power tool injuries, you might want to understand more about workers’ compensation and third-party claims.
Call Dervishi Law Group, P.C., today at (718) 484-4757 to speak with our New York construction accident lawyer and work through your potential construction accident liability options.
Frequently Asked Questions
Here are common questions that injured construction workers ask our New York lawyers.
Can I Sue if I Already Filed for Workers’ Compensation?
New York may allow you to file a third-party lawsuit after receiving workers’ compensation benefits. The two claims often target different parties and cover different categories of loss.
What if the Tool That Injured Me Was Defective?
An injury due to a defective tool may justify a product liability claim against the manufacturer or distributor.
Does It Matter if I Made a Mistake and Suffered an Injury on the Job?
Your own error should not automatically end your personal injury claim because New York follows a pure comparative negligence rule. This guideline may reduce your compensation according to your share of the liability but will not often bar it entirely.
How Much Does a Construction Accident Lawyer’s Consultation Cost?
Personal injury firms that handle construction cases often work on a contingency basis. You may be able to consult these New York construction accident lawyers without paying attorney fees up front, as the proceeds are usually taken from case settlements or court awards.
