Construction sites aren’t just dangerous for the people working on them.
Falling debris, unsecured scaffolding, sidewalk sheds, open excavation, and heavy equipment can injure pedestrians. They may also affect delivery drivers, customers of nearby businesses, or subcontractor employees not covered by the general contractor’s insurance.
If you were injured near a construction site / hurt by construction site as a pedestrian, you may have rights.
These rights may impact how your case is handled.
If that’s your situation, your case works differently than a typical on-the-job construction injury. It is worth understanding how.
At The Law Offices of Frank J. Dito, Jr., we represent Staten Island and Brooklyn residents who were injured at or near construction sites as third parties, not as employees of the job.
Call 718.701.2776 for a free consultation if you were hurt near a construction site and you weren’t working there.
Who This Applies To
This page is for you if you were hurt near a construction site and any of the following describes your situation:
You were walking or driving past the site — struck by falling tools, debris, or material, or injured by a collapsing sidewalk shed or scaffold.
You were visiting or working at a nearby business — a store, restaurant, or office next to or across from an active job site.
You’re a delivery driver, mail carrier, or utility worker passing through the area, not employed by anyone on the construction project.
You’re a subcontractor’s employee, but the negligence that hurt you came from a different contractor, the site owner, or the property owner — not your own employer.
If instead you’re a construction worker who was hurt while working on the job itself, your case is likely a workers’ compensation claim (and possibly also a third-party lawsuit) — see our Construction Accident practice area page for that situation.
Who Can Be Held Responsible
Unlike a workers’ comp claim, which is generally limited to your own employer’s insurance, an injury to a non-employee near a construction site can involve a lawsuit against any of several parties, depending on what caused the accident:
The general contractor is typically responsible for overall site safety.
It also covers cases where someone is injured near a construction site / hurt by construction site as a pedestrian.
The property or site owner, who has a duty to keep the surrounding area reasonably safe, including sidewalks and adjacent walkways.
A subcontractor, if their specific work — welding, demolition, crane operation, and so on — directly caused the hazard.
An equipment manufacturer, in cases involving a defective crane, scaffold, or other equipment failure.
New York’s labor laws, including sections that specifically address falling object and structural hazards at construction sites, can also apply to claims brought by people who were not employed on the project — not just to workers.
What to Do If You’re Hurt Near a Construction Site
Take photos of the site, any barriers or warning signs (or lack of them), and whatever caused your injury, as soon as it’s safe to do so.
Get the name of the construction company and general contractor if visible on posted permits or signage — this information is often required to be displayed at the site.
Identify any witnesses, including other pedestrians or nearby business employees.
Seek medical attention and keep records of your treatment, even if the injury seems minor at first.
Report the incident to the property owner or building management if the site is attached to a specific business or building.
Frequently Asked Questions
I wasn’t a construction worker — do I still have a case?
Yes. Site owners, general contractors, and subcontractors owe a duty of care to the public, not just to their own workers. An injury caused by their negligence can support a personal injury claim regardless of your employment status.
What if I don’t know which company was responsible for the hazard?
This is common, and it’s one of the main reasons to involve an attorney early — permits, site logs, and insurance records can identify the responsible party even when it isn’t obvious at the scene.
How is this different from a workers’ comp claim?
Workers’ compensation is a no-fault system limited to employees of a company working the site, and it doesn’t cover pain and suffering. A third-party claim, by contrast, requires proving negligence but can recover the full range of damages, including pain and suffering.
Talk to a Staten Island Construction Injury Attorney
If you were hurt at or near a construction site and you weren’t working on the job, don’t assume you have no case just because you’re not a construction worker. Call The Law Offices of Frank J. Dito, Jr. at 718.701.2776 (toll-free: 800.310.5520) for a free consultation. We’re available 24/7, and you pay nothing unless we win your case.
The Law Offices of Frank J. Dito, Jr. — 1610 Richmond Road, #200, Staten Island, NY 10304
