Construction Accidents
New York’s Labor Law gives construction workers some of the strongest protections in the country. We make sure those protections mean something.
Falls from heights, scaffold collapses, falling objects, and site negligence devastate workers and their families every year. Under Labor Law §§ 200, 240 (the “Scaffold Law”), and 241, property owners and general contractors can be held strictly liable for gravity-related injuries — often regardless of fault.
We investigate quickly, preserve site evidence, identify every responsible party and policy, and pursue the full measure of damages: lost earnings, future medical care, and the human cost of a life changed.
What We Handle
- Falls from scaffolds, ladders, and heights
- Labor Law §§ 200, 240(1), and 241(6) claims
- Falling objects and struck-by accidents
- Crane, hoist, and heavy equipment accidents
- Electrocution and burn injuries
- Third-party claims alongside workers’ compensation
The Scaffold Law — Labor Law § 240(1)
Labor Law § 240(1) requires owners and general contractors to provide proper protection — scaffolds, ladders, harnesses, hoists, and similar devices — against elevation-related hazards. When a worker falls from a height, or is struck by an object that falls because it was not properly secured or hoisted, and inadequate protection is a cause of the injury, the owner and contractor are liable regardless of their own fault. (The statute exempts owners of one- and two-family homes who contract for the work but do not direct or control it.)
That duty cannot be delegated to a subcontractor, and the worker’s own carelessness is not a defense to a § 240(1) claim. The principal defense is that the worker’s own conduct was the sole cause of the accident — for example, refusing to use safety devices that were available and that the worker knew they were expected to use.
Labor Law §§ 241(6) and 200
Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection on construction, excavation, and demolition sites. A claim under it must rest on a violation of a specific safety rule in the State Industrial Code (12 NYCRR Part 23), and the worker’s comparative fault can reduce the recovery.
Labor Law § 200 codifies the general duty to keep a work site reasonably safe. It generally applies where the owner or contractor controlled the work or knew or should have known of the dangerous condition.
Workers’ compensation and a lawsuit together
Workers’ compensation provides medical care and partial wage replacement, but it does not compensate for pain and suffering, and in most cases an injured worker cannot sue their own employer. The Labor Law claims above are brought against others — the property owner, the general contractor, and other companies on the site. The compensation carrier generally has a lien on the recovery for benefits it paid, which is negotiated as part of any resolution.
Sites owned by public entities — the School Construction Authority, the MTA, the City itself — generally require a notice of claim within 90 days. Evidence on a construction site disappears quickly, so we move to preserve it immediately.
Common Questions
Can I sue my employer?
Usually not; workers’ compensation is generally the remedy against an employer. But the property owner, general contractor, and other contractors on the site can be held responsible, and those claims are often where the significant recovery lies.
Does it matter that I made a mistake?
Under Labor Law § 240(1), the worker’s own negligence is not a defense, although the law is different where the worker’s conduct was the sole cause of the accident. Under § 241(6), your share of fault may reduce — but does not eliminate — the recovery.
Can I bring a claim if I am not a U.S. citizen?
Yes. New York’s Labor Law protects the people who do the work, and immigration status does not prevent an injured worker from pursuing a claim. Speaking with us is confidential.
What should I do right after the accident?
Get medical care and report the accident to your employer. If you can, write down the names of co-workers who saw what happened and photograph the area and equipment involved. Then call us, before evidence is removed or the site changes.
This page is general information about New York law, not legal advice about your situation. Deadlines and rules can change and depend on the facts; call the office to discuss your matter.
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