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Construction Vehicle Accidents: Compensation Options for Injured Workers

Construction Vehicle Accident

When you spend your shift within arm’s reach of moving trucks or loaders, a wide turn or a silent backup alarm can put you in the emergency room. Who pays for the treatment, and what happens if the paycheck you were counting on is no longer in the cards? A construction accident lawyer in New York from Cassisi & Cassisi, P.C., might begin by sorting out which of the benefit systems fits the facts of your crash and whether your claim reaches past the employer’s insurance. 

How Construction Zone Accidents Involving Vehicles Usually Happen

Accidents within a construction zone might trace back to a single careless moment, but federal regulators have long flagged factors like equipment backing up as recurring dangers. According to the Occupational Safety and Health Administration, backovers often happen when a driver cannot see a worker in a blind spot or when a spotter watching one truck misses a second one. The National Institute for Occupational Safety and Health science bulletin places struck-by incidents as the leading cause of nonfatal injuries among construction workers on roadways.

According to the New York City Department of Buildings, construction-related incidents injured 320 people across the five boroughs in 2025. Of those injuries, 19 involved mechanical construction equipment. Given the numerous possibilities, a construction accident lawyer in NYC will often look past the moment of impact to the conditions that allowed it, such as:

  • Maintenance gaps: Skipped servicing can support a negligence argument.
  • Equipment defects: Missing or broken backup alarms, seat belts, mirrors, or rollover protection may implicate a manufacturer or a fleet operator.
  • Unstable ground: Uneven or poorly graded surfaces can contribute to tip-overs.

Drivers who speed through a lane shift or miss a warning sign also frequently strike workers on road projects.

What a Lawyer Reviews After a Work Zone Crash

According to the U.S. Bureau of Labor Statistics, private employers in New York reported 122,400 nonfatal workplace injuries and illnesses in 2024, with 71,600 of those cases involving days away from work, job transfer, or restriction. A National Safety Council analysis reports that transportation incidents in 2023 and 2024 accounted for about 4% of recorded cases involving days away from work, job restriction, or transfer. 

Construction motor vehicle crashes can fall into two legal categories: workplace injuries or traffic collisions. A lawyer may be helping you look at three separate avenues after one crash:

  1. If it is not work-related, New York’s no-fault coverage may pay medical expenses and lost wages up to the policy limits, regardless of who caused the collision. 
  2. If it is job-related, your employer’s workers’ compensation can cover an injury and offer related benefits. 
  3. If a third-party claim applies, personal injury compensation will typically cover noneconomic losses such as pain and suffering, as your workers’ compensation or no-fault coverage should cover the basics.

Personal injury compensation is typically divided into economic and noneconomic damages. Early questions tend to be about context, such as establishing the scope of employment. For instance, was the worker driving a company truck between sites or running a personal errand at lunch?

Workers’ Compensation Benefits for Injured Construction Workers

New York requires nearly all employers to carry workers’ compensation insurance, which is often the first place that injured construction workers turn. 

Workers’ compensation benefits commonly include medical treatment for the injury, partial replacement of lost income, disability payments, and, if applicable, death benefits for the dependents of a worker killed on the job. It does not compensate for emotional distress or a diminished quality of life.

You are generally expected to notify your employer in writing within 30 days of the accident. A claim is usually filed with the Workers’ Compensation Board within two years. Your construction accident lawyer in NYC can also review whether a preexisting condition made worse by the crash may still be covered, since aggravated injuries sometimes qualify.

When Personal Injury Compensation May Reach Further

According to the National Safety Council, motor vehicle incidents produced 4.9 million medically consulted injuries nationwide in 2024, at an estimated cost of $559.3 billion. Workers’ compensation is ordinarily against your own employer, but this may not be the end of the analysis when someone else contributed to the crash. 

A third-party claim may be possible against someone other than your employer, including a property owner, a general contractor, a subcontractor, an equipment manufacturer, or the driver who struck you. New York’s Labor Law may add another layer for construction work. Section 240 addresses elevation-related hazards, but in workzone vehicle accident cases, your lawyer will likely turn to Sections 241(6) and 200 instead. 

Let Cassisi & Cassisi, P.C., Help You Decide the Path Forward

Recovering after a job site collision might mean running two or three claims side by side, and a construction accident lawyer in NYC can help you see which ones actually apply. Understanding New York’s construction accident laws helps you decide what to do next. Our personal injury firm based in Mineola, NY, handles construction accidents, workers’ compensation, scaffold injuries, and auto accidents, whether you need representation in English or in Spanish.

If you are looking for a construction accident lawyer in NYC, consider contacting Cassisi & Cassisi, P.C., at (516) 294-5050.

Frequently Asked Questions

Below are a few questions workers often raise after a vehicle-related injury on a job site.

Can You Receive Workers’ Compensation if the Crash Was Your Fault?

Workers’ compensation in New York may still be available even when your own error contributed to the collision.

How Long Do You Have To File a Construction Accident Claim in New York?

A workers’ compensation claim is generally filed within two years. A personal injury lawsuit against a private party typically carries a three-year deadline.

What Would a Construction Accident Lawyer in New York Handle?

Your construction accident lawyer in NYC could review how your injury happened and help you identify insurance systems and parties. An attorney can also help an injured worker pursue the claims that fit the context.

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