Worksite Injury Litigation and Emergency Response

Rapid Response Team

The hours and days immediately following a construction site accident are critical. Construction site conditions are fluid — structures change, equipment is moved, and witnesses are often difficult to track down.

Having the right people in place who understand the importance of preserving evidence after an accident is vital to the defense of a claim that may be brought years after a project is completed. Our attorneys have extensive experience and training in post-accident investigations and have created on-call relationships with private investigators, accident reconstruction and safety experts, and other professionals who work together to protect our clients from potential claims. We work with our clients to address OSHA, law enforcement, and other governmental agency investigations.

Our attorneys are available 24 hours a day, seven days a week to provide immediate direction and control over an accident scene.

Worksite Injury Litigation

Goldberg Segalla attorneys have amassed decades of collective experience defending worksite injury cases in state and federal courts throughout the country, and some members of our team themselves have acted as arbitrators or mediators for construction worksite injury claims.

We handle the full range of claims and matters arising from worksite injuries, such as:

  • Common-law negligence claims
  • Insurance coverage and indemnity disputes
  • New York Labor Law/Scaffold Law claims
  • Claims of failure to provide a safe place to work
  • Alleged Industrial Code violations
  • OSHA investigations and claims
  • Workers’ compensation issues

By formulating aggressive and creative strategies in defense of our clients, we have successfully helped clients avoid or limit exposure in litigation altogether. We have also effectively resolved worksite injury cases through both dispositive motions and trial. Our keen understanding of the ever-evolving law enables us to develop an effective strategy early in the process. In addition, we provide in-house seminars to clients on the present status of substantive issues, as well as on significant legal issues such as additional insured status, anti-subrogation rules, and liability for failure to procure insurance.

New York’s “Scaffold Law”

Goldberg Segalla has litigated many of the leading cases in New York State involving the “Scaffold Law” sections of New York’s Labor Law — the antiquated, plaintiff-friendly, and controversial law that costs the private sector an estimated $1.5 billion annually and can impose absolute liability on owners and contractors for elevation-related construction accidents.

Through consistently obtaining victories in New York’s appellate and trial courts, we create favorable caselaw for the defense of the industry against Scaffold Law claims, such as cases in which the weight and distance of a falling object is not significant enough to trigger liability, instances when a plaintiff had been directed not to use a piece of equipment and then misused it, and cases in which a plaintiff was warned not to use a cracked plank that caused his fall while others were readily available.

Further demonstrating our prominence in this area, our Construction Practice Group serves as the editorial team for the premier treatise on New York Labor Law litigation: Construction Site Personal Injury Litigation: New York Labor Law §§ 200, 240(1), and 241(6), published by the New York State Bar Association. Our own Labor Law Update newsletter keeps clients informed about significant changes and the latest cases.

In fact, our lawyers are integrally involved in the call for reform of this law, through presenting at municipal and industry conferences as well as publishing critiques in legal and trade journals.