Construction is dangerous work, and New York law recognizes it. The Labor Law puts the duty to keep a site safe on property owners and general contractors, not on the worker.
If you were hurt on a job site, workers' compensation may be only part of what you are owed.
Common Job Site Accidents
- Falls from scaffolds, ladders, and roofs
- Falling tools, materials, and debris
- Hoist, crane, and heavy equipment accidents
- Trench and excavation collapses
- Unguarded floor openings and shafts
- Trips on debris and unsafe walkways
- Electrical shocks and burns
Types of Construction Injury Cases
Related pages
The Laws That Protect Workers
New York's Labor Law protects construction workers in three main ways:
- Falls and falling objects (Labor Law § 240(1), the “Scaffold Law”). This covers workers hurt in falls from heights. It also covers workers struck by objects that were being lifted, or that should have been properly secured.
- Safety code violations (Labor Law § 241(6)). This covers injuries caused by a violation of a specific New York construction safety rule.
- Unsafe work sites (Labor Law § 200). This covers the general duty to keep a work site reasonably safe.
Hurt on the job? Talk to us before you talk to the insurance company.
Immigration status does not prevent an injured worker from bringing a claim under these laws.
Workers' Compensation Is Not the Whole Story
An injured worker can collect workers' comp and also sue a third party, such as a property owner or general contractor. You generally cannot sue your own employer (WCL § 11). If you recover money from a third party, the workers' comp insurance company usually has a lien and may be entitled to be paid back part of what it paid you (WCL § 29(1)).
What You Can Recover
- Medical bills, past and future
- Full lost wages and union benefits
- Loss of future earning ability
- Pain and suffering
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If the site is owned by the City, a public school, NYCHA, or another public agency, a notice of claim is generally due within 90 days.
Deadlines can be shorter or longer depending on the facts. Call before you assume it is too late or that you have time.
Common Questions
I already get workers' compensation. Can I still sue?
Often, yes. The claim is usually against the owner or general contractor, not your employer. The two cases can proceed together.
My boss says the accident was my fault. Does that end my case?
If you were injured in a fall from a height or were struck by a falling object at work, New York's Scaffold Law (Labor Law § 240(1)) may protect you. Under this law, building owners and contractors can be held responsible even if you made a mistake that contributed to your accident. Your own carelessness is generally not a defense. The main way they can escape responsibility is by proving that you alone caused the accident.
Will I lose my job if I bring a claim?
Your employer cannot punish you for filing a workers' comp claim.
It is illegal in New York for an employer to fire, demote, or retaliate against you for filing a workers' compensation claim.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.