NYC Construction Fire & Burn Injury Lawyer

Injured In A Construction Fire, Explosion, Or Burn Accident?

A construction fire or explosion can cause devastating injuries within seconds. Workers may suffer severe burns, smoke inhalation, electrical injuries, hearing loss, traumatic brain injuries, fractures, or permanent disfigurement. An explosion can also throw a worker from a scaffold, propel metal and debris through the work area, or cause part of a structure to collapse.

These accidents may involve welding and torch work, electrical arc flashes, leaking gas lines, flammable liquids, propane cylinders, defective generators, temporary heaters, chemicals, combustible dust, or inadequate fire-protection equipment.

New York City construction sites are subject to federal workplace-safety rules as well as city requirements governing fire prevention, hot work, temporary heating, extinguishers, standpipes, and other fire-safety measures. Owners, contractors, and construction site managers are expected to minimize the risk of accidents and fire.

If you were injured in a fire, explosion, arc flash, or burn accident, speak with a lawyer before giving a recorded statement or accepting an insurance settlement.

The attorneys at The Dearie Law Firm, P.C. represent workers injured in serious New York City construction accidents. Call (212) 970-6500 or contact us online for a free consultation.

Construction Fire, Explosion And Burn Cases We Handle

Our attorneys investigate construction accidents involving:

Building and jobsite fires
Gas explosions
Propane and acetylene explosions
Electrical arc flashes and arc blasts
Welding and cutting accidents
Torch-applied roofing fires
Hot-work accidents
Generator explosions
Fuel-line failures
Temporary heater fires
Boiler and pressure-vessel explosions
Flammable liquid and solvent fires
Chemical burns
Electrical burns
Steam and hot-water burns
Scalding pipes and equipment
Combustible dust explosions
Underground gas-line strikes
Defective tools and machinery
Missing or inaccessible fire extinguishers
Disabled or defective sprinkler and standpipe systems
Inadequate fire watches
Fires during demolition or renovation
Fatal construction fires and explosions

The legal claims available after an accident depend on how the fire started, which companies controlled the work, what materials were present, and whether defective equipment or violated safety rules contributed to the injuries.

Common Causes Of Construction Fires And Explosions

Construction sites often contain temporary wiring, exposed building materials, fuel, compressed-gas cylinders, machinery, heaters, chemicals, and active hot-work operations. A failure involving any one of these hazards may ignite a fire or trigger an explosion.

Welding, Cutting And Other Hot Work

Hot work includes operations that produce flames, heat, sparks, or another possible ignition source. Common examples include:

Welding
Brazing
Soldering
Torch cutting
Grinding
Burning
Heating
Torch-applied roofing

Sparks and molten metal can travel beyond the immediate work area and ignite wood, insulation, roofing materials, vapors, clothing, or hidden combustible material inside walls and floor openings.

OSHA’s construction rules include specific fire-prevention requirements for welding and cutting. In New York City, a permit is required for certain hot-work operations involving oxygen and a flammable gas, such as acetylene or propane. Construction-site torch operations also require properly qualified personnel, including a fire guard where required.

An investigation may need to determine whether:

A hot-work permit was obtained
Combustible materials were removed or protected
Openings allowed sparks to reach another floor or room
Fire-resistant blankets or screens were used
A qualified fire guard was present
Fire extinguishers and charged hoses were available
The fire watch continued after the work stopped
Gas cylinders and hoses were properly maintained
The area was inspected before hot work began

Electrical Fires, Arc Flashes And Arc Blasts

Damaged wiring, exposed conductors, overloaded temporary circuits, improper grounding, defective electrical panels, and work performed on energized equipment can cause fires, explosions, and severe burns.

An arc flash is an explosive release of energy created by an electrical fault. The worker may be injured by extreme heat, molten metal, pressure, intense light, noise, or flying debris. An arc blast can also knock a worker from a ladder, scaffold, or elevated platform.

OSHA identifies electrical shock, electrocution, fires, and explosions as recognized electrical hazards in construction. Its arc-flash guidance warns that these incidents can cause catastrophic or fatal burns and explosive forces.

Potential causes include:

Failure to de-energize equipment
Inadequate lockout and tagout procedures
Incorrect voltage identification
Defective circuit breakers
Improperly installed temporary wiring
Damaged extension cords
Missing ground-fault protection
Contact between equipment and power lines
Inadequate personal protective equipment
Work performed too close to energized components

Learn more about electrical accidents on construction sites.

Flammable Liquids, Gases And Vapors

Gasoline, diesel fuel, propane, acetylene, solvents, adhesives, paints, coatings, and cleaning chemicals can ignite when exposed to a flame, spark, hot surface, or electrical equipment.

Vapors may travel away from an open container or leaking line before reaching an ignition source. The fire may then flash back toward the fuel source and cause an explosion.

Unsafe conditions may include:

Fuel stored in unapproved containers
Containers left open
Gas cylinders stored or handled improperly
Missing protective caps
Damaged regulators, valves, or hoses
Fuel stored near heaters or hot work
Poor ventilation
Leaking gas lines
Failure to remove ignition sources
Failure to post warnings
Smoking near flammable materials

OSHA’s construction fire rules separately address flammable liquids, liquefied petroleum gas, ignition hazards, and temporary heating equipment.

Temporary Heaters And Open-Flame Equipment

Construction projects may use temporary heaters to warm unfinished buildings, cure materials, or prevent pipes from freezing. Improperly installed or poorly maintained heaters can ignite nearby material or release dangerous gases.

Common hazards include:

Inadequate clearance from combustible materials
Defective fuel lines
Poor ventilation
Unsecured propane cylinders
Heaters placed in exit paths
Unattended equipment
Improvised heating devices
Using a torch or flame to thaw pipes
Failure to follow the manufacturer’s instructions

New York City prohibits open fires on construction sites and requires temporary heating equipment to comply with the Fire Code. The City also warns that frozen pipes should never be thawed with a flame because of the risk of fire and steam explosion.

Defective Tools, Machinery And Fuel Systems

A fire or explosion may begin inside a generator, compressor, welding machine, power tool, vehicle, boiler, or other equipment.

Potential defects can involve:

Fuel tanks
Fuel lines
Pressure valves
Electrical components
Batteries
Hydraulic systems
Overheating motors
Safety switches
Ventilation systems
Manufacturer-installed guards
Warning labels and instructions

When defective equipment contributes to an accident, claims may involve the manufacturer, distributor, rental company, maintenance contractor, or another party in the equipment’s supply chain.

Demolition, Renovation And Underground Work

Demolition and renovation work can expose concealed electrical wiring, fuel lines, gas piping, chemicals, and combustible materials. Cutting into an unidentified pipe, wall, floor, tank, or utility line may release fuel or vapor into the work area.

Underground construction may also create confined or poorly ventilated spaces where flammable gases can accumulate. OSHA prohibits open flames and fires in underground construction operations except for properly controlled welding, cutting, and other permitted hot work.

New York City Construction Fire-Safety Requirements

New York City imposes fire-safety responsibilities on owners, contractors, construction managers, site safety personnel, and companies performing hot work.

Depending on the project and operation, required protections may include:

Fire-prevention planning
Properly maintained extinguishers
Accessible firefighting equipment
Fire alarms and emergency reporting procedures
Operational standpipes
Protected sprinkler systems
Hot-work permits
Qualified torch operators
Fire guards
Daily fire-safety inspections
Safe storage of fuel and compressed gases
Noncombustible or fire-retardant construction sheds
Clear exit routes
Proper control of temporary heating equipment

The NYC Department of Buildings states that smoking and open fires are prohibited on construction sites. It also identifies requirements involving extinguishers, temporary heaters, fire-protection systems, construction sheds, standpipes, and storage near flames.

Where a construction site fire safety manager is required, the FDNY states that the manager must conduct at least daily inspections of the site and its fire-safety measures while covered work is underway.

Violations of these requirements may provide important evidence regarding how a fire began, why it spread, or why workers could not safely escape.

OSHA Fire Protection And Prevention Requirements

OSHA requires employers to develop and maintain an effective fire-protection and prevention program throughout construction, repair, alteration, and demolition work.

OSHA’s construction standards address:

Fire-protection programs
Firefighting equipment
Fire alarms
Ignition hazards
Flammable liquids
Liquefied petroleum gas
Temporary heaters
Welding and cutting
Electrical equipment
Emergency access
Storage and housekeeping

Required firefighting equipment must remain accessible, conspicuously located, periodically inspected, and maintained in operating condition. OSHA also requires an alarm system capable of alerting workers and the local fire department during an emergency.

An OSHA violation does not automatically establish every element of a personal injury claim. It may, however, help identify an unsafe practice, responsible company, missing precaution, or cause of the accident.

Types Of Construction Burn Injuries

Thermal Burns

Thermal burns result from contact with flames, hot surfaces, steam, heated liquids, molten material, or intense radiant heat.

A worker may require:

Emergency stabilization
Wound treatment
Skin grafting
Reconstructive surgery
Infection management
Physical therapy
Occupational therapy
Scar treatment
Long-term pain management

Severe burns can damage skin, muscle, nerves, tendons, and other tissue. They may also cause permanent scarring, restricted movement, sensitivity, and disfigurement.

Read more about burn injuries on construction sites.

Electrical Burns

Electrical burns may occur where current enters and leaves the body or along the current’s path. Damage beneath the skin can be more extensive than the visible wound suggests.

Electrical accidents may also cause:

Cardiac complications
Nerve damage
Muscle injury
Falls from elevation
Loss of consciousness
Secondary impact injuries

Chemical Burns

Acids, caustic materials, solvents, wet cement, cleaning agents, and industrial chemicals can injure the skin, eyes, and respiratory system.

Chemical-burn cases may require review of:

Safety Data Sheets
Product labels
Storage procedures
Employee training
Protective clothing
Eye-wash facilities
Decontamination procedures
Ventilation systems

Smoke And Toxic Inhalation Injuries

Construction fires may release smoke, carbon monoxide, heated air, chemical vapors, and particles from burning insulation, plastics, coatings, adhesives, or building materials.

Inhalation injuries can affect the lungs and airways even when the worker has limited visible burns. Symptoms such as coughing, confusion, breathing difficulty, chest pain, dizziness, or throat irritation require immediate medical evaluation.

Blast And Explosion Injuries

An explosion can injure a worker through more than heat and flame. The pressure wave, flying material, structural damage, and bodily displacement may cause:

Hearing loss
Ruptured eardrums
Eye injuries
Lung injuries
Penetrating wounds
Traumatic brain injuries
Fractures
Internal bleeding
Amputations
Crush injuries
Falls from height
Structural-collapse injuries

A worker may suffer several types of trauma in the same incident.

Workers’ Compensation And Third-Party Lawsuits

A worker injured in a construction fire or explosion may have both a workers’ compensation claim and a separate claim against a responsible third party.

Workers’ Compensation Benefits

New York workers’ compensation may provide benefits for:

Necessary medical treatment
A portion of lost wages
Temporary disability
Permanent disability
Reduced earning capacity
Certain death benefits for surviving dependents

Workers generally do not have to prove fault to qualify for workers’ compensation benefits. In exchange, workers’ compensation ordinarily prevents an employee from suing the direct employer for ordinary negligence.

Third-Party Construction Accident Lawsuits

The employer’s workers’ compensation protection does not automatically extend to every other company or person involved with the project.

Depending on the facts, a lawsuit may be available against:

The property owner
The general contractor
A construction manager
Another subcontractor
A hot-work contractor
An electrical contractor
A plumbing or gas contractor
An equipment-rental company
A fuel supplier
A maintenance company
A manufacturer
A utility company
Another negligent third party

A third-party lawsuit may seek damages unavailable through workers’ compensation, including compensation for pain, suffering, disfigurement, and the full financial effect of the injury.

Learn more about third-party liability in New York construction accidents.

Defective Product Claims

A defective product may contribute to a fire or explosion even when the manufacturer was not present at the jobsite.

Potential product claims may involve:

Defective design
Manufacturing defects
Inadequate warnings
Faulty safety components
Defective valves or regulators
Battery failures
Fuel-system failures
Electrical defects
Equipment that does not perform as represented

The equipment should be preserved in its post-accident condition whenever possible. Repairing, discarding, or returning it before an investigation may destroy important evidence.

New York Labor Laws That May Apply

New York Labor Law claims depend on the work being performed, the mechanism of the accident, the safety violations involved, and the role of each defendant.

New York Labor Law § 200

New York Labor Law § 200 states the general duty to provide reasonable and adequate protection for workers.

A § 200 claim may involve:

A dangerous property condition
Unsafe electrical equipment
Improperly stored fuel
An unguarded ignition source
Defective machinery
A gas leak
Unsafe methods used to perform hot work

Liability may depend on whether a defendant created or knew about a dangerous condition, or controlled the work that produced the hazard.

New York Labor Law § 241(6)

New York Labor Law § 241 requires reasonable and adequate protection during construction, demolition, and excavation work.

A claim under § 241(6) generally requires a violation of a sufficiently specific provision of the New York Industrial Code. Depending on the accident, relevant rules may concern electrical hazards, welding, cutting, compressed gases, explosives, personal protective equipment, air contamination, or fire prevention.

The New York State Department of Labor publishes Industrial Code Part 23 and other safety rules governing construction, demolition, and excavation operations.

New York Labor Law § 240

New York Labor Law § 240 addresses certain elevation-related construction hazards.

Section 240 does not automatically apply merely because a worker suffered burns or was injured in an explosion. It may become relevant when an elevation-related risk contributed to the accident, such as when:

An explosion causes a worker to fall from a scaffold or ladder
Inadequate fall protection contributes to the injuries
An improperly secured object falls and damages a fuel line
Falling equipment or material creates the fire or explosion
A required elevation-safety device fails during the incident

The accident mechanism must be analyzed carefully before determining whether § 240 applies.

Who May Be Responsible For A Construction Fire Or Explosion?

Responsibility may extend beyond the company that employed the injured worker.

Potentially responsible parties include:

Property owners
General contractors
Construction managers
Site safety companies
Fire-safety managers
Hot-work contractors
Welding contractors
Electrical contractors
Plumbing contractors
Gas-service contractors
Demolition contractors
Roofing contractors
Equipment operators
Equipment manufacturers
Rental companies
Maintenance companies
Fuel and chemical suppliers
Utility companies
Engineers and design professionals

Not every party is responsible in every case. Determining liability requires reviewing contracts, work assignments, site-control arrangements, permits, inspection records, and the conduct of each company.

What To Do After A Construction Fire, Explosion Or Burn Injury

Get Emergency Medical Treatment

Burns, electrical injuries, smoke inhalation, and blast injuries may cause damage that is not immediately visible. Accept emergency treatment and report every symptom, including breathing problems, hearing changes, dizziness, confusion, numbness, chest pain, and eye irritation.

Report The Accident

Report the incident to your employer, supervisor, union representative, and site-safety personnel.

The report should accurately identify:

Where the accident occurred
What work was underway
What ignited or exploded
Whether gas, fuel, electricity, or chemicals were involved
Whether a fire guard was present
Whether alarms and extinguishers worked
Which companies were operating in the area

Request a copy of any written report.

Photograph The Scene

When it can be done safely, photograph:

The ignition area
Burn and blast patterns
Equipment and machinery
Gas cylinders
Fuel containers
Electrical panels
Damaged wiring
Heaters
Welding equipment
Fire extinguishers
Sprinkler and standpipe equipment
Warning signs
Your clothing and protective equipment
Your visible injuries

Construction sites change quickly after a serious accident. Equipment may be removed, wiring replaced, debris cleared, and damaged areas repaired.

Preserve Clothing And Equipment

Do not discard damaged clothing, gloves, helmets, boots, harnesses, respirators, tools, or other equipment connected to the accident.

Keep these items in a secure location and avoid altering them unnecessarily. Burn patterns, residue, damage, and equipment condition may help establish what happened.

Identify Witnesses

Obtain the names and contact information of:

Coworkers
Supervisors
Fire guards
Torch operators
Electricians
Equipment operators
Site-safety personnel
Delivery workers
Anyone who saw the conditions before the incident
Anyone who participated in the emergency response

Preserve Documents And Communications

Keep copies of:

Medical records
Accident reports
Photographs and videos
Text messages
Emails
Safety complaints
Training records
Pay information
Work restrictions
Product labels
Safety Data Sheets
Names of all contractors at the site

Avoid Recorded Statements Without Legal Advice

Property owners, contractors, insurance companies, equipment manufacturers, and investigators may request statements soon after the accident.

Do not speculate about the cause or minimize your injuries. Speak with an attorney before providing a recorded statement or signing a release.

Contact A Lawyer Promptly

Fire and explosion evidence may disappear rapidly. A lawyer can send preservation demands and seek records before equipment, surveillance footage, site logs, or electronic data are lost.

Claims involving the City, a public authority, or another government entity may also involve special notice requirements and shorter deadlines.

Compensation Available After A Fire Or Burn Accident

Depending on the available claims, an injured worker may seek compensation for:

Medical expenses
Emergency treatment
Hospitalization
Skin grafts
Reconstructive surgery
Future medical care
Rehabilitation
Physical therapy
Occupational therapy
Scar treatment
Psychological treatment
Lost wages
Reduced earning capacity
Permanent disability
Pain and suffering
Emotional trauma
Disfigurement
Loss of enjoyment of life
Household assistance
Out-of-pocket expenses

When an accident causes a worker’s death, eligible family members may have claims for workers’ compensation death benefits, wrongful death damages, funeral expenses, and other losses allowed by New York law.

How Our Construction Fire Lawyers Investigate A Case

A construction fire or explosion investigation may include:

Visiting and documenting the accident scene
Identifying every contractor and subcontractor
Determining which company controlled the work area
Preserving burned or damaged equipment
Obtaining surveillance footage
Interviewing witnesses
Reviewing construction contracts
Reviewing hot-work permits
Obtaining fire-watch records
Examining F-60 and G-60 qualification records
Reviewing construction-site fire-safety logs
Examining S-56 manager records where applicable
Reviewing fire-protection plans
Inspecting extinguisher records
Examining sprinkler and standpipe status
Reviewing gas-cylinder storage records
Obtaining Safety Data Sheets
Examining electrical diagrams and records
Reviewing equipment inspection and maintenance histories
Investigating product recalls and prior failures
Obtaining FDNY, DOB, OSHA, and emergency-response records
Consulting fire investigators, engineers, electricians, medical specialists, and other experts

The investigation should distinguish between the initial ignition source and the failures that allowed the fire to spread or prevented workers from escaping.

Frequently Asked Questions About Construction Fires And Burns

Can I Sue My Employer After A Construction Fire?

Workers’ compensation generally prevents an employee from suing the direct employer for ordinary negligence. However, a claim may still be available against an owner, general contractor, subcontractor, equipment company, manufacturer, utility, or another responsible third party.

Can I Receive Workers’ Compensation And File A Lawsuit?

Potentially. Workers’ compensation and a third-party personal injury lawsuit are separate claims. An injured worker may be eligible to receive workers’ compensation benefits while also pursuing a lawsuit against a party other than the direct employer.

Does An OSHA Violation Automatically Prove Liability?

No. An OSHA violation can provide important evidence, but it does not automatically prove every legal element of a personal injury claim. Its effect depends on the violated rule, the defendant, and the connection between the violation and the accident.

Does Labor Law § 240 Apply To A Fire Or Explosion?

Not automatically. Section 240 addresses certain elevation-related hazards. It may apply when a fire or explosion causes a fall from an elevated work surface or otherwise involves the failure of a required elevation-safety device.

What If Defective Equipment Caused The Explosion?

A manufacturer, distributor, rental company, or maintenance contractor may be responsible when defective equipment causes or contributes to a fire or explosion. Preserve the equipment and avoid allowing it to be repaired, discarded, or returned before it can be inspected.

What If I Was Not Burned But Was Injured By The Explosion?

You may still have a claim. Explosions can cause hearing damage, brain injuries, lung injuries, penetrating wounds, fractures, falls, crush injuries, and other trauma even when the worker does not suffer a major external burn.

What If The Fire Happened On A Public Project?

Claims involving New York City, a public authority, or another government entity may have special notice and filing requirements. Contact an attorney promptly so the responsible entities and applicable deadlines can be identified.

How Long Do I Have To Bring A Claim?

Deadlines depend on the type of claim, the identity of the defendant, and whether a government entity is involved. Workers’ compensation claims and personal injury lawsuits also follow different procedures.

Do not rely on a general filing deadline without having the specific accident reviewed.

Speak With A New York City Construction Fire And Burn Injury Lawyer

A construction fire, explosion, or burn injury can result in permanent scarring, disability, lost income, and years of medical treatment. Owners, contractors, insurers, and equipment companies may begin investigating immediately. Injured workers need someone protecting their interests as well.

The Dearie Law Firm, P.C. represents workers injured in construction fires, explosions, electrical arc flashes, welding accidents, chemical incidents, and other serious jobsite accidents throughout New York City.

Call (212) 970-6500 or send us a message for a free consultation. Construction accident cases are handled on a contingency-fee basis, which means there is no attorney’s fee unless a recovery is obtained for you.

Para información en español, visite nuestro sitio de abogados de accidentes de construcción en Nueva York

New York City Construction Fire, Explosion And Burn Injury Lawyer