Injured on a Construction Site in NYC? Your Rights Under New York Labor Law

Construction is one of the most dangerous industries in the country, and New York is no exception. Every year, thousands of workers across New York City and Long Island are injured on job sites—often in preventable accidents involving scaffolding, ladders, heavy machinery, and falling objects.

If you or someone in your family has been hurt on a construction site in New York, there is something important you should know: New York has some of the strongest legal protections for injured construction workers in the entire country. These laws may entitle you to significant compensation beyond workers’ compensation—including full damages for lost wages, medical bills, pain and suffering, and more.

This guide explains what those protections are, how they work, and what steps you should take to protect your rights.

Why Construction Accidents Are So Common in New York

New York City’s skyline is constantly changing. Between high-rise development in Manhattan and Brooklyn, infrastructure projects on Long Island, and renovation work across all five boroughs, the city is one enormous construction zone. The sheer volume of work means more exposure to hazards—and more accidents.

The most common types of construction accidents in New York include:

• Falls from heights: Workers fall from scaffolds, ladders, roofs, and open floors. Falls are the leading cause of fatal construction injuries in New York.

• Struck-by accidents: Workers are hit by falling tools, materials, or debris, or struck by moving equipment.

• Electrocution: Contact with live wires or improperly grounded equipment, especially on renovation and demolition sites.

• Caught-in or caught-between accidents: Workers are trapped by collapsing structures, caught in unguarded machinery, or crushed between heavy objects.

• Crane and hoist accidents: Equipment failures, overloaded cranes, and operator error cause some of the most catastrophic injuries and multi-victim incidents.

  
  

Many of these accidents happen because property owners, general contractors, or subcontractors cut corners on safety. When that happens, New York law holds them accountable.

The Three New York Labor Laws That Protect You

New York has a set of Labor Law statutes specifically designed to protect construction workers. These laws are unique to New York and can give injured workers powerful legal claims that go well beyond a workers’ compensation case.

Labor Law § 240(1) — The “Scaffold Law”

This is widely considered one of the most powerful protections for workers anywhere in the country. Labor Law § 240(1) requires property owners and general contractors to provide proper safety devices—such as scaffolds, ladders, harnesses, and safety nets—for workers performing tasks at an elevation.

If you are injured in a fall from a height, or struck by a falling object, because the required safety equipment was absent, defective, or improperly secured, the property owner or general contractor may be held strictly liable for your injuries. That means you may not need to prove they were “negligent” in the traditional sense—the failure to provide adequate protection is enough.

Example: A worker on a Long Island renovation project falls from an unsecured ladder because no scaffold or safety harness was provided. Under § 240(1), the property owner can be held liable for all of the worker’s injuries, even if the owner was not present on the site.

Labor Law § 241(6) — Industrial Code Violations

This statute requires property owners and contractors to comply with the specific safety rules set out in the New York Industrial Code (12 NYCRR Part 23). These are detailed, mandatory regulations that cover everything from scaffold construction and trench shoring to personal protective equipment and electrical safety.

If your accident was caused by a violation of a specific Industrial Code provision, you may have a strong claim under § 241(6). Unlike a general negligence claim, you only need to show that the rule was violated and that the violation contributed to your injury.

Example: A worker in Manhattan is injured when a trench collapses because the excavation was not shored or sloped in compliance with Industrial Code requirements. The failure to follow the specific regulation supports a § 241(6) claim.

Labor Law § 200 — General Duty of Care

Labor Law § 200 is essentially a codification of the common-law duty of property owners and general contractors to provide a reasonably safe workplace. Unlike § 240(1) and § 241(6), a § 200 claim requires proof that the defendant either created the dangerous condition or had actual or constructive notice of it.

This statute often applies in cases involving hazardous site conditions such as slippery surfaces, inadequate lighting, or debris-cluttered walkways—conditions that may not fall squarely within the Scaffold Law but still reflect a failure to maintain a safe work environment.

Who Can Be Held Liable?

One of the most important things injured workers should understand is that a construction accident claim is not limited to suing your employer. In most cases, workers’ compensation prevents you from suing your direct employer for negligence. But New York’s Labor Law statutes allow you to bring claims against:

• Property owners (including individual homeowners in certain circumstances)

• General contractors and construction managers

• Developers and project sponsors

• Subcontractors (in some cases)

• Equipment manufacturers (if a defective product caused the injury)

Identifying all potentially liable parties is critical to maximizing the compensation available to you. An experienced construction accident attorney will investigate the full chain of responsibility.

Workers’ Compensation vs. a Third-Party Lawsuit: What’s the Difference?

After a construction accident, most workers are eligible for workers’ compensation benefits, which cover medical treatment and a portion of lost wages. But workers’ comp is limited—it does not compensate you for pain and suffering, and the wage-replacement benefits are often far less than what you actually lose.

A third-party lawsuit under New York’s Labor Law statutes allows you to pursue full damages, including:

• All past and future medical expenses

• Full lost earnings and loss of future earning capacity

• Pain and suffering

• Loss of enjoyment of life

• In wrongful death cases, compensation for the family’s losses

You can pursue a third-party lawsuit in addition to workers’ compensation. The two are not mutually exclusive. An attorney can help you coordinate both to ensure you receive every dollar you are entitled to.

What to Do After a Construction Accident in New York

If you have been injured on a job site, these steps can help protect your health and your legal rights:

• Get medical attention immediately. Some serious injuries, including traumatic brain injuries and internal bleeding, may not be obvious right away. A prompt medical evaluation creates a record that links your injuries to the accident.

• Report the accident. Notify your employer or supervisor as soon as possible. Make sure an incident report is filed. Ask for a copy.

• Document everything you can. If you are able, take photos of the accident scene, your injuries, and any equipment involved. Write down what happened while the details are fresh.

• Do not give recorded statements to an insurance company without first consulting an attorney. Insurers work for the other side, and early statements can be used to minimize or deny your claim.

• Contact a construction accident attorney. The sooner you have experienced legal counsel involved, the sooner critical evidence can be preserved—including safety logs, inspection records, and surveillance footage that may be lost or destroyed.

Time Limits: New York’s Statute of Limitations

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit, and two years to file a wrongful death claim. However, if your claim involves a government entity—for example, a public works project—you may need to file a notice of claim within just 90 days of the accident.

Missing these deadlines can permanently bar your claim. It is always best to consult an attorney as soon as possible after an injury.

How Leitner Warywoda Can Help

At Leitner Warywoda, construction accident cases are a core part of our practice. Our trial attorneys have recovered millions of dollars for workers injured on job sites across New York City and Long Island, including settlements and verdicts in complex Labor Law cases involving scaffolding failures, falling objects, crane accidents, and more.

What sets our approach apart:

• Trial-tested advocacy. We prepare every case as if it is going to trial. Insurance companies and defense attorneys know this, and it directly impacts the value of your case.

• Deep knowledge of New York Labor Law. Our attorneys understand the nuances of § 240(1), § 241(6), and § 200 claims, including how recent appellate decisions affect your rights.

• Full-spectrum representation. We coordinate your workers’ comp benefits and third-party litigation so nothing falls through the cracks.

• No fee unless we recover for you. We handle construction accident cases on a contingency basis. You pay nothing unless we win.

If you or a loved one has been seriously injured on a construction site in New York, we encourage you to contact our office for a free, confidential consultation. We serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County.

Call Leitner Warywoda today at 212-671-1110 (NYC) or 631-240-4390 (Long Island) to discuss your case.

Frequently Asked Questions

Q: Can I sue my employer after a construction accident in New York?

In most cases, you cannot sue your direct employer because of workers’ compensation exclusivity. However, you can bring a third-party lawsuit against property owners, general contractors, and other responsible parties under New York’s Labor Law.

Q: What if I was partly at fault for the accident?

Under Labor Law § 240(1), the worker’s own negligence is generally not a defense—unless the worker was the sole proximate cause of the accident. For § 241(6) and § 200 claims, New York follows a comparative fault rule, meaning your damages may be reduced by your percentage of fault but are not eliminated.

Q: I’m undocumented. Can I still bring a construction accident claim?

Yes. New York law protects all workers regardless of immigration status. You have the same right to pursue a Labor Law claim and receive compensation for your injuries as any other worker.

Q: How much is my construction accident case worth?

Every case is different, and the value depends on the severity of your injuries, the extent of your lost income, your future medical needs, and the strength of your liability claims. Leitner Warywoda has recovered multi-million-dollar results in Labor Law cases, including settlements of $6.9 million and $3.3 million in construction accident matters. A free consultation can help you understand what your case may be worth.

Q: How long does a construction accident lawsuit take in New York?

Cases vary widely. Some resolve within months through settlement, while complex litigation may take two years or more. Having an attorney who is prepared to go to trial often accelerates the process, because the defense knows the case will not stall indefinitely.