You laced up your boots, stepped onto the job site, and began working. Unfortunately, an accident, misstep, twist, or repetitive strain triggered a knee injury. Now, you may be out of work for weeks, months, or even longer.
If you work in construction in New York or New Jersey, it’s essential to understand how these injuries happen, what your legal rights are under each state’s construction and workers’ compensation laws, and what to do after a construction accident to protect your legal rights.
Here, we begin answering some common questions about construction accident knee injuries, and our experienced New Jersey and New York construction accident lawyers encourage you to contact us to discuss your unique situation if you’ve been hurt.
How Do Knee Injuries Occur on Construction Sites?
On a construction site, the knee is vulnerable in many everyday tasks. Even when you wear protective gear, certain job conditions can still lead to injuries.
Repetitive Stress and Overuse
Squatting, kneeling, crouching, and frequent bending can lead to gradual wear and tear on the body. Over time, cartilage or tendons weaken, making injury more likely.
Twisting, Pivoting, and Sudden Shifts
When moving heavy materials, you may twist or pivot your lower body. A sudden shift sends force through the knee joint. If your foot catches or slips, that torque can strain ligaments or menisci.
Falls, Slips, and Trips
Uneven surfaces, debris, tools strewn about, wet surfaces, and loose gravel all increase the risk of a slip or trip. When you lose your footing, your instinct might be to brace with your leg, and your knee may pay the price.
Direct Blows or Impacts
Working around heavy machinery, scaffolding, or overhead equipment can increase the risk of accidents where a falling object or material strikes your knee. Even low-speed collisions with tools, buckets, or structural components can cause bruising to bones, cartilage, or soft tissue.
Loading and Unloading Heavy Objects
Hoisting or lowering heavy materials can jar the knee joint, especially if control is lost or the weight shifts unexpectedly. That shock absorption can damage internal structures over time.
Common Types of Knee Injuries in Construction Workers
Like other joint injuries, knee injuries vary in severity. Some heal with rest and therapy; others require surgery or long-term rehabilitation. Below are some common knee injuries to watch for:
- Ligament tears (ACL, PCL, MCL, LCL). Sudden twisting or direct impact can stretch or tear ligaments, leading to instability.
- Meniscus tears. The meniscus (cartilage cushion in the knee) can rip when the knee rotates while bearing weight.
- Patellar injuries (dislocation, fracture, chondromalacia). The kneecap (patella) can be fractured by force or dislocated by sudden jolts. Cartilage under the patella may also wear down (chondromalacia).
- Tendonitis or tendon tears. Overuse and strain lead to inflammation in tendons. Severe stress can even cause partial or complete tears.
- Bursitis. Repeated kneeling can inflame bursae (fluid-filled sacs) around the knee, causing pain and swelling.
- Osteoarthritis and cartilage degeneration. Repeated stress and microtrauma contribute to degenerative changes, making future injuries more likely.
- Bone fractures. The femur, tibia, or patella can fracture in high-impact events, such as falls, collapsing scaffolding, and being hit by a heavy object.
Because many of these conditions develop gradually, workers may not associate early symptoms (such as pain, swelling, and stiffness) with on-site hazards until the injury becomes severe.
Legal Frameworks: New York vs. New Jersey Construction Injuries
Understanding each state’s laws is crucial. The rules around workers’ compensation, third-party claims, and construction-specific protections differ.
New York’s Labor Law contains special provisions holding contractors, owners, or site managers liable for unsafe conditions. Claims under Labor Law Sections 240(1) (scaffolding and fall protection) and 241(6) (industrial codes) may apply when a knee injury is tied to a fall or unsafe condition. Additionally, you may have a workers’ compensation claim.
In New Jersey, you may be able to file a workers’ compensation claim. You may also file a third-party claim if your injury was caused by someone other than your employer.
In both states, it’s essential to take steps to protect your legal rights.
What Should You Do If You Suffer a Knee Injury?
The steps you take immediately and in the days following an injury may affect your ability to recover both medically and legally. These steps include:
1. Seek Prompt Medical Treatment
Even if pain seems minor, get evaluated by a qualified physician. Many knee injuries worsen over time, and early diagnosis (MRI, X-ray) helps document the injury and starts your medical record.
2. Report the Injury to Your Supervisor or Employer
Under both New York and New Jersey law, you generally must report the injury within a specified timeframe to preserve your rights to benefits. Delay in reporting can jeopardize your claims.
3. Document Everything
Documentation may include, but is not limited to, photos of the site, witness contact information, and medical records.
4. Follow Your Doctor’s Orders
Adhere to therapy, restrictions, and follow-ups. Deviating from your treatment plan may be used by insurers as justification for denying or reducing benefits.
5. Consult an Attorney
An attorney knowledgeable in New York and New Jersey construction injury law can help you understand all avenues of recovery, preserve evidence, and avoid pitfalls.
Why You Need a Construction Accident Lawyer
An experienced construction injury lawyer can determine all viable claims and help you pursue the recovery you deserve. Your lawyer can protect your rights by:
- Maximizing recovery. Construction cases often involve multiple parties. An attorney can identify all potential defendants and seek fair compensation on behalf of their clients.
- Navigating procedural rules. Your lawyer will ensure you comply with all applicable statutes of limitations, reporting deadlines, and workers’ comp system rules.
- Handling insurance tactics. Insurance carriers regularly dispute causation, severity, or responsibility. Your lawyer will anticipate their arguments and fight to protect your rights.
- Value evaluation. An attorney can realistically assess your current and future losses, factoring in the potential long-term effects of your knee injury.
- Preserving evidence and expert involvement. Lawyers ensure that critical evidence is preserved early, coordinate with medical or engineering experts, and prepare your claim strategically.
While past results do not guarantee future outcomes, our lawyers have helped other local construction workers recover fair compensation for their knee injuries. Some of our success stories include:
- $1,057,500 for an individual who suffered a knee injury in a construction accident
- $458,000 for a construction worker who injured their knee jumping out of the way of a flashback while using a torch
Additionally, we assist clients who suffer multiple injuries in construction accidents.
