Why the Consultation Is Free — and What That Means
Personal injury lawyers in New York handle construction accident cases on a contingency fee basis. This means: you pay nothing unless they recover for you. The lawyer's fee is a percentage of the recovery — typically one-third — and it is paid from the settlement or verdict, not out of pocket.
The free consultation follows naturally from this structure. If the lawyer does not recover, they receive nothing. Their incentive to take cases that will generate recovery is aligned with your incentive to find representation that will produce results. The consultation is their opportunity to evaluate whether your case has merit. It is also your opportunity to evaluate whether this lawyer is the right person to handle it.
This is not the same as every case being worth taking. Lawyers who handle construction accident cases on contingency evaluate each case for its realistic recovery potential. A case with clear Labor Law 240 liability and serious permanent injuries will be taken readily. A case with contested facts, minor injuries, and a small damages picture may not. The consultation is how both sides make that determination.
What to Bring to a Construction Accident Consultation
The more information you bring, the more useful the consultation will be. You do not need to have everything organized — but whatever you can gather helps.
Accident information: The date, location, and description of the accident. The name of the property owner (if known), the name of the general contractor (if known), and the name of your direct employer. Any accident reports that were generated. Any OSHA or Department of Buildings investigation records you have been provided.
Medical records and documentation: Hospital discharge papers, imaging studies (X-rays, MRI), operative reports if surgery was performed, and any follow-up treatment records. If you do not have these, they can be obtained — but bringing what you have speeds the evaluation.
Workers' compensation information: Your workers' comp claim number, the insurance carrier, and any claim denials or disputes. If you have been seeing a workers' comp doctor, their contact information.
Photographs: Any photographs of the accident scene, the equipment involved, or your injuries. Cell phone photographs are fine. Photographs of the scene before it changed are particularly valuable — if you do not have them, describe whether there is any reason to think they might exist elsewhere (surveillance cameras, coworker phones).
Employment information: Your trade or job title, your approximate weekly earnings, and whether you are a union member. If you have pay stubs, bring them — they help establish the wage loss calculation.
Witnesses: The names and contact information of any coworkers who witnessed the accident or who were aware of the conditions.
You do not need to have all of this. Bring what you have. The lawyer can help identify what else is needed.
What Happens During the Consultation
A construction accident consultation with an experienced NY lawyer covers several areas.
Liability analysis: The lawyer will ask detailed questions about the accident — where you were working, what task you were performing, what happened, what equipment was involved. They are evaluating whether the facts support a Labor Law 240(1) or 241(6) claim. The key question: was this a gravity-related injury caused by absent or inadequate safety equipment? If yes, and if the defendant is a covered owner or contractor, the statutory claim is potentially viable.
Identification of defendants: The lawyer will ask about the ownership structure of the property, who served as general contractor, what subcontractors were involved, and whether any equipment was rented or provided by a third party. Identifying all potentially liable defendants is one of the first strategic tasks.
Damages assessment: The lawyer will review the injury description and any medical records you have, asking about the nature of treatment, the current status of recovery, and any anticipated future medical needs. They are assessing the damages picture — what the case might be worth. Cases with serious permanent injuries are worth more and more appropriate for contingency representation.
Statute of limitations check: The lawyer will confirm the accident date and check whether any municipal defendants are involved (requiring the 90-day notice of claim). This is an urgent analysis — if the deadline is approaching, the consultation may result in immediate action.
Explanation of process: The lawyer will explain how the case would proceed, what the investigation will involve, and what the realistic timeline looks like. This is your opportunity to ask questions about the process.
How Contingency Fees Work in NY Construction Cases
New York regulates contingency fees in personal injury cases through court rules. The standard sliding scale is:
Case expenses — filing fees, court reporter fees for depositions, expert witness fees, investigation costs — are typically advanced by the law firm and reimbursed from the recovery in addition to the attorney's fee. These expenses are separate from the percentage fee and are disclosed in the retainer agreement.
The practical result: a construction worker with a serious injury and a viable Labor Law 240 claim can access high-quality legal representation — expert witnesses, aggressive litigation, experienced trial counsel — without any upfront cost. The economic barrier to quality legal representation in construction accident cases is zero.
Questions to Ask During the Consultation
Come prepared with questions that help you evaluate the lawyer and the case.
How many construction accident cases has your firm handled? Experience in Labor Law 240 and 241 cases specifically matters — these are specialized claims with a distinct legal framework that differs from general personal injury practice.
Who will actually be handling my case? At some firms, the senior attorney who handles the consultation passes the case to a junior associate. Understand who your day-to-day contact will be and who will appear at depositions and trial.
What is your assessment of the liability in my case? A good lawyer will give you a candid assessment — not an inflated promise. Be cautious of lawyers who promise specific outcomes or guarantees.
What experts will you need, and when will those decisions be made? Expert selection — safety engineers, medical experts, economists — is critical in construction accident cases. Understanding how the firm approaches expert retention tells you about their preparation quality.
What is the realistic timeline for my case? An honest answer acknowledges the range and the uncertainty. Vague assurances that the case will resolve quickly are a warning sign.
Frequently Asked Questions
Q: I consulted with a lawyer six months ago and did not retain them. Can I consult again with a different lawyer now?
Yes. Consulting with one lawyer does not create an obligation to retain them. You can consult with as many lawyers as you wish, and you can change lawyers even after retaining one (though there may be fee-splitting implications between lawyers). If your case is approaching a statute of limitations, consulting with a different lawyer is not just permissible — it may be urgent. Many lawyers will agree to a quick review of a case on short notice when a deadline is approaching.
Q: What if my case turns out to be less valuable than I thought? Do I owe the lawyer anything?
On a contingency fee basis, if the lawyer does not recover anything, you owe nothing. If the recovery is smaller than anticipated — say, $75,000 rather than $500,000 — the fee is the contingency percentage of the actual recovery ($25,000 on a one-third fee). You do not owe a fee based on a projected value that was not achieved. The contingency structure fully aligns the lawyer's compensation with the actual result.
Q: I have already accepted some workers' comp benefits. Does that prevent me from bringing a personal injury lawsuit?
No. Accepting workers' compensation benefits does not bar or waive a personal injury lawsuit against third parties — the property owner, general contractor, and others who are not your employer. The workers' comp carrier will assert a lien on any personal injury recovery, but that is a reimbursement issue between the carrier and you — it does not prevent the lawsuit from being brought. Workers regularly have active workers' comp claims and active personal injury lawsuits simultaneously.
Q: The other side's insurance company already called me. Should I talk to them before consulting a lawyer?
No. Do not speak to the other side's insurance company before consulting a construction accident lawyer. The insurance company represents the interests of the property owner and general contractor — not your interests. Adjusters are trained to gather information that can be used to minimize the claim. Any statement you make — about how the accident happened, about how you feel, about your current condition — can be used against you. Direct any contact from the other side's insurance company to your attorney once you have retained one.
Q: How do I know if my case is worth pursuing?
Ask the lawyer. That is precisely what the free consultation is for. A lawyer who regularly handles construction accident cases can give you a candid assessment based on the facts you describe, the medical picture, and the legal framework. Not every case is worth pursuing as a full litigation matter — some cases are resolved through workers' comp without a separate personal injury claim, either because the damages are limited or because the legal theory is not strong. A good lawyer will tell you honestly which category your case falls in. If your injuries are serious and permanent, and if the accident involved a gravity-related hazard on a site with a covered owner or GC, the case almost certainly warrants at least a thorough investigation before any decision not to pursue it.
Call (888) 702-1581 for a free case review. There is no fee unless we recover.