New York Construction Accident Lawyer

Construction work in New York is inherently dangerous, and according to the U.S. Bureau of Labor Statistics, it is one of the most dangerous jobs in the state. Over the past few years, the number of work accident fatalities in New York City has gone up, with 83 workers losing their lives in 2022. Among those fatalities, falls, slips, and trips accounted for 21 deaths, while exposure to harmful substances or environments caused 19 deaths. Despite strict safety regulations, construction accidents remain common in New York. Many workers suffer severe injuries, requiring extensive medical care and time off work. While many injured workers rely on the limited benefits of workers’ compensation, there are instances when other legal remedies may be available, especially if another party’s negligence contributed to unsafe conditions. Construction accident cases are complex, frequently calling for detailed reviews of site logs, equipment records, and witness accounts to identify the responsible party. Given these challenges, if you have been seriously injured in a construction site accident, it is critical to consult an experienced New York construction accident lawyer who can navigate the legal landscape, advocate for your rights, and help secure fair compensation for your losses.

Some of the most frequently reported construction site accidents in New York include:

• Falls from Elevations. Falls are among the most common types of accidents resulting in serious injuries. Workers may slip from scaffolds, ladders, roofs, or other elevated structures. New York Lab. Law § 240(1), often called the Scaffold Law, sets safety obligations for owners and contractors to provide appropriate protective devices. When these devices are missing or defective, workers can suffer falls that cause injuries to the head, spine, or limbs.
• Falling Objects. Tools, materials, and debris can drop from overhead. Hard hats and other protective gear may reduce harm, but falling objects still cause head injuries, broken bones, or other harm. Labor Law § 240(1) also addresses falling object scenarios by requiring safety devices such as nets, hoists, and harnesses to secure or support items being lifted or positioned at heights. Until 2009, Labor Law § 240(1) was understood to apply only to workers who fell from a height or were struck by a falling object. However, in Runner v. NY Stock Exchange, 13 NY3d 599 (2009), the New York Court of Appeals expanded its interpretation. The case involved a worker who was injured while trying to control the descent of an 800-pound reel of wire down a set of stairs. Although the reel did not fall on the worker, he was pulled into a metal bar due to the force of gravity acting on the heavy object. The court ruled that the statute applied because the injury was a direct result of a gravity-related risk, even though neither the worker nor the object physically fell. This decision clarified that Labor Law § 240(1) covers any gravity-related accident where an inadequate safety device fails to control the movement of a heavy object, even if the worker is not struck.
• Scaffold or Ladder Failures. Scaffolds and ladders must be erected and maintained in a way that meets safety standards. If they fail due to incorrect assembly, defective materials, or poor maintenance, serious harm can follow. Under Labor Law § 241(6), owners and contractors must follow rules found in the New York Industrial Code to reduce hazards. Case law such as Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494 (1993) addresses the interpretation of Labor Law provisions in connection with site safety requirements. In Ross v. Curtis-Palmer Hydro-Electric Co., the court clarified how Labor Law provisions apply to site safety requirements. The case examined whether a welder who suffered back strain, rather than a fall, could hold the general contractor liable under Labor Law §§ 200, 240(1), or 241(6). The court ruled that § 240(1), which mandates protection from elevation-related risks, did not apply since the plaintiff’s injury did not result from a gravity-related accident. Similarly, § 241(6) did not apply because the cited safety regulation was too general to impose a nondelegable duty. However, the court reinstated the claim under § 200(1), which codifies the common-law duty to maintain a safe workplace, since the general contractor’s supervisory role over site safety created a triable issue. This case clarified that only specific statutory and regulatory violations impose strict liability, while general safety concerns require proof of supervisory control.
• Crane Accidents. Cranes move heavy loads. Any problem with crane operation, or a failure to follow Occupational Safety and Health Administration (OSHA) standards, can bring about accidents. Cranes can collapse, loads can swing, or rigging can fail. New York courts analyze whether the proper safety protocols were in place. Labor Law § 200 imposes a general duty to provide workers with a safe workplace, including those involved in crane operations.
• Electrical Incidents. Contact with power lines, exposed wiring, or improper grounding of electrical equipment can injure workers. OSHA regulations (29 CFR Part 1926, Subpart K) address electrical safety standards at construction sites. In New York, failure to comply with safety rules may indicate negligence by site owners or contractors.
• Equipment-Related Incidents. Forklifts, bulldozers, or power tools can cause harm if not operated safely or if they are defective. Courts may review whether the responsible parties met industry standards and regulations.
• Trench and Excavation Collapses. Trench work involves excavation at a certain depth. If the trench walls are not shored or protected, cave-ins can trap workers. OSHA standards (29 CFR Part 1926, Subpart P) have specific requirements for excavation safety.

Accidents like these can lead to serious injuries, including fractures, spinal injuries, burns, hearing loss, and more. If you have questions about bringing a legal claim, contact an experienced New York construction accident lawyer. A lawyer can help with evaluating potential claims, identifying responsible parties, and taking steps to protect legal rights.

Workers’ compensation in New York is often the first system that addresses on-the-job injuries. This system provides payment for medical expenses and partial wage replacement. Workers’ compensation typically bars employees from suing their direct employers for injuries sustained at work, with limited exceptions. However, there can be possibilities for a separate lawsuit against other parties who share the blame for the accident.

Application of Labor Law Section 240(1). Labor Law § 240(1) protects workers from gravity-related risks by requiring owners and contractors to provide proper safety equipment to prevent falls and falling objects. If a worker is injured due to the absence or failure of these protective devices, the law allows them to sue the responsible parties. Unlike general negligence claims, § 240(1) imposes strict liability, meaning that if the required safety measures are not in place, liability is automatic.

The New York Court of Appeals reinforced this principle in Zimmer v. Performing Arts, 65 N.Y.2d 513, 493 N.Y.S.2d 102, 482 N.E.2d 898 (N.Y. 1985), ruling that owners and contractors cannot avoid liability by arguing feasibility or industry standards. The court also made it clear that comparative negligence is not a defense under § 240(1), preventing owners and contractors from shifting blame to the worker. By placing full responsibility on those overseeing construction projects, the law ensures that safety remains a top priority at job sites.

Application of Labor Law Section 241(6). Labor Law § 241(6) requires owners and contractors to comply with the New York Industrial Code, which sets detailed safety standards for various construction, demolition, and excavation activities. This section aims to protect workers by ensuring that job sites adhere to specific regulations designed to minimize hazards. However, unlike Labor Law § 240(1), § 241(6) does not impose strict liability.

To establish a claim under § 241(6), a plaintiff must prove that a specific Industrial Code provision was violated and that this violation directly contributed to the accident. General safety standards or broad allegations of negligence are not enough. The courts have consistently ruled that only Industrial Code regulations that are concrete and specific—such as those addressing scaffold height, protective barriers, or flooring conditions—can support a § 241(6) claim.

Additionally, § 241(6) claims operate under a comparative negligence framework, meaning that if the injured worker is found partially responsible for the accident, their compensation may be reduced based on their degree of fault. This makes § 241(6) different from § 240(1), where liability is automatic if proper safety devices are not provided.

Because proving a § 241(6) claim requires identifying the exact Industrial Code provision that was violated and demonstrating how it caused the injury, these cases often involve expert testimony and detailed site investigations. Workers pursuing a claim under this statute should consult an experienced New York construction accident lawyer to determine whether a specific code violation applies to their case.

Negligence Claims Against Third Parties. If a supplier, subcontractor, or equipment manufacturer caused the incident, a negligence claim might be possible. For instance, if a defective ladder or scaffold collapsed, the injured worker might sue the product’s manufacturer or the subcontractor that provided it.

General Negligence and Labor Law § 200. Labor Law § 200 codifies the common law duty of owners and general contractors to provide a safe workplace. This duty is not limited to height-related risks. Workers can bring a claim if a hazard at the site was ignored and it caused the incident.

Exceptions to the Workers’ Compensation Bar. While employees generally cannot sue their employer for work-related injuries, there are limited exceptions. One applies when the employer has not secured proper workers’ compensation coverage, allowing the worker to file a direct lawsuit. Another exception exists in cases of intentional harm, where the employer deliberately causes injury rather than acting negligently.

Examples of intentional harm include:

• Physical Assault – Deliberate physical violence by an employer against an employee, such as punching, kicking, or using a weapon, would be considered intentional harm.
• Exposure to Dangerous Substances with Intent – If an employer knowingly exposes employees to toxic chemicals, asbestos, lead, or other hazardous substances without adequate safety equipment or protective measures, despite being aware of the serious health risks, it may be considered intentional harm.
• Retaliatory Violence – If an employer injures an employee as retaliation for reporting safety violations, filing workers' compensation claims, or exercising other legal rights, the worker may have a legal claim.
• Deliberate Removal of Safety Protections – If an employer intentionally disables or removes safety devices such as guardrails, harnesses, or grounding systems, knowing that it will increase the risk of injury, this could be considered intentional misconduct.

Because these exceptions have strict legal requirements, a worker should consult an attorney to determine whether their case qualifies for a lawsuit outside the workers’ compensation system.

An injured worker might consider a lawsuit if the accident was caused by an entity separate from the direct employer or if Labor Law §§ 240(1) or 241(6) apply. Contact an experienced New York construction accident lawyer to review whether a lawsuit is possible in your situation.

Responsibility for construction accidents can rest with multiple entities. Pinpointing who can be sued requires evaluating the roles of each party at the construction site:

Owners. Property owners have obligations under Labor Law §§ 240(1) and 241(6) if they have some control over the project or if the work involves the type of activity covered by these statutes. For example, in Sanatass v. Consolidated Investing Co., 10 N.Y.3d 333, 858 N.Y.S.2d 67, 887 N.E.2d 1125 (N.Y. 2008), the New York Court of Appeals ruled that a property owner can be held liable under Labor Law § 240(1) for injuries sustained by a worker, even if the work was contracted by a tenant without the owner's knowledge or involvement. The plaintiff, a worker installing an air conditioning unit for the tenant, was injured when a manual lift failed, causing the heavy unit to fall on him. The tenant had hired the plaintiff’s employer without notifying the landlord, despite a lease provision requiring landlord approval for alterations.

The court held that Labor Law § 240(1) imposes absolute liability on owners for elevation-related injuries, regardless of their control over the work or awareness of it. The landlord argued that liability should be avoided since the work was unauthorized, but the court rejected this, emphasizing that the statute is meant to protect workers, not owners. The ruling reaffirmed that owners cannot escape liability through lease provisions and that responsibility for worker safety remains with them.

General Contractors. General contractors manage site operations. They often oversee workers and coordinate subcontractors. A general contractor may be held liable under Labor Law § 200 and common-law negligence if it had supervisory control over the worksite and failed to prevent or remedy an unsafe condition.

In Rizzuto v. L.A. Wenger Contracting Co., Inc., 91 N.Y.2d 343 (1998), the plaintiff, a plumbing foreman, was injured when diesel fuel sprayed onto the floor, causing him to slip and fall. The court found that the general contractor had the authority to coordinate work between subcontractors and the New York City Transit Authority and could have prevented the hazardous condition. This supervisory control created a duty to maintain a safe workplace. Unlike Labor Law § 241(6), which imposes vicarious liability even without direct oversight, Labor Law § 200 and common-law negligence require actual control over the work or knowledge of the danger. Because evidence suggested that the general contractor could have excluded other workers from the area or prevented simultaneous hazardous activities, the court reinstated the plaintiff’s claims, finding triable issues of fact regarding the contractor’s liability.

Subcontractors. Subcontractors handle specialized parts of a project. They may be responsible if their work created a hazard or if they controlled a certain area of the site and did not follow the required safety measures.

Manufacturers of Equipment. If a ladder, scaffold, crane, or power tool was defective, injured workers might have a product liability claim against the manufacturer or distributor. Product liability claims do not fall under the same restrictions as workers’ compensation claims against employers. Courts review whether the product was defective in design or manufacture and whether the user was given adequate safety instructions or warnings.

Engineers and Architects. In some situations, design professionals could be liable if they had contractual or supervisory responsibilities that involved site safety or if a design defect contributed to an accident. However, liability depends on the professional’s level of control over the construction work.

Identifying the responsible party requires an investigation. Inspection records, contracts, witness statements, and safety documents can provide clues about who had control over the area or activity where the accident happened. Discuss these details with an experienced New York construction accident lawyer to determine who may share liability for the injuries sustained.

Filing deadlines (statutes of limitations) set the window for commencing a lawsuit. In New York, general personal injury claims typically must be filed within three years from the date of the accident. However, there are exceptions and important details to consider:

• General Three-Year Statute of Limitations. Under New York Civil Practice Law & Rules (CPLR) § 214(5), a personal injury action based on negligence must be filed within three years from the date the injury occurred. If you do not file within this time, you may lose the right to sue.
• Wrongful Death Cases. If the accident leads to a worker’s passing, the personal representative of the worker’s estate generally has two years from the date of death to bring a wrongful death action under EPTL § 5-4. However, other factors may affect this time, so legal advice is recommended.
• Municipal Defendants. If the owner or contractor is a public entity, such as the City of New York, different rules may apply. Injured parties may have to file a notice of claim within 90 days of the accident under General Municipal Law § 50-e, followed by specific deadlines for filing the lawsuit.
• Tolling Provisions. Certain conditions can pause or “toll” the statute of limitations. For instance, if the injured person is a minor or has a recognized legal incapacity, the filing deadline might be extended. Other factors might arise that pause the time limit.

Meeting the correct deadline is a key part of the process. If you have questions about these rules, consult an experienced New York construction accident lawyer. A lawyer can identify which time frame applies, collect evidence promptly, and file necessary court papers within the relevant deadlines.

A construction accident can lead to losses that include medical expenses, lost pay, and other harms. In a lawsuit against a property owner, general contractor, or another third party, injured workers may seek compensation for the following:

• Medical Costs. This includes doctor visits, hospital stays, physical therapy, medication, surgeries, and future medical costs related to the accident. If the injuries will require ongoing care, expert testimony might be used to show the projected costs.
• Lost Earnings and Future Earnings. A worker may lose wages while recovering. If the injuries cause permanent limitations, the injured individual may not be able to earn as much as before. A claim may be brought for lost past wages and reduced future earning capacity.
• Pain and Suffering. In a personal injury lawsuit, a victim can seek compensation for physical pain and mental suffering. New York courts review the nature of the injuries, how they affect daily life, and whether they are permanent.
• Loss of Consortium. A spouse of the injured worker might have a claim for the impact on their marital relationship. This claim can sometimes be brought as part of the lawsuit by the worker.
• Other Damages. Courts may consider other effects of the injuries. This may include disfigurement, the loss of certain bodily functions, or other forms of loss recognized by law.

Damages are paid by the liable party or through insurance coverage. The ability to collect depends on proving that another party had a duty, breached that duty, and caused injuries that resulted in measurable losses. An experienced New York construction accident lawyer can help evaluate possible damages and prove the connection between the accident and the losses.

Workers’ compensation in New York covers medical care and part of lost wages. It does not provide compensation for pain and suffering. Many injured workers wonder whether they can receive additional compensation beyond what is provided by the workers’ compensation system. Here are some points to consider:

To evaluate your options, consult an experienced New York construction accident lawyer. An attorney can review your accident’s details, identify third parties who may share blame, and work with you to pursue the full range of damages allowed by New York law.

Q. Do I need to prove someone was negligent to get compensation under New York’s Scaffold Law?

A. Under Labor Law § 240(1), the Scaffold Law, owners and contractors must provide safety equipment for elevation-related tasks. If a worker is injured because equipment was lacking or failed, liability can be strict. This means the worker does not always have to show negligence in the usual sense. However, courts have clarified that the injured worker’s actions might be relevant if the worker was the sole proximate cause of the accident.

In Blake v. Neighborhood Hous. Serv. of N.Y.C., 1 N.Y.3d 280, 771 N.Y.S.2d 484, 803 N.E.2d 757 (N.Y. 2003), the plaintiff, a contractor, set up and used his own ladder, which was in good condition, but fell when the extension retracted. He later admitted he was unsure if he had properly locked the extension clips. The jury found that the ladder provided adequate protection and that the plaintiff’s negligence caused the accident. The court reaffirmed that Labor Law § 240(1) liability requires a statutory violation—if the worker is the sole cause, the claim fails.

Q. Does the law that protects construction workers apply to all types of construction jobs?

A. Labor Law § 241(6) covers construction, excavation, and demolition work. It requires compliance with safety regulations found in the Industrial Code. A violation of specific Industrial Code provisions can support a claim. However, courts have held that not all code sections are specific enough to create liability, so it is important to identify provisions that apply to the facts of the accident.

Q. What if I am partially to blame for the accident?

A. It depends on which labor law applies to your case. New York generally follows a comparative negligence rule, meaning that if you are partially at fault for an accident, your damages may be reduced by your percentage of fault. However, Labor Law § 240(1) imposes strict liability on owners and contractors when required safety devices are missing or fail, meaning comparative fault does not apply in most cases. Even if a worker’s actions contributed to the accident, they can still recover damages as long as the primary cause was the lack of proper safety protections.

However, there is an exception—if the worker was the sole cause of the accident, meaning they acted in a way that entirely disregarded provided safety measures, their claim may be barred.

For claims under Labor Law § 241(6) and Labor Law § 200, comparative negligence does apply, meaning a worker’s own actions may reduce the amount of compensation they receive. Because of these distinctions, it is important to consult a construction accident lawyer to determine how fault and liability apply in a specific case.

Q. Can I sue my coworker if they caused the accident?

A. Generally, you cannot sue a coworker for an on-the-job injury. Workers’ compensation serves as the exclusive remedy for injuries caused by a coworker’s actions during employment. However, if your coworker acted outside the scope of employment or intentionally harmed you, there could be an exception.

Q. How long does a lawsuit usually take?

A. Each case varies. Some cases settle in a few months after negotiations with insurance carriers. Others involve litigation, discovery, and possibly a trial, which can take a year or more. Complex cases or ones involving serious injuries may take longer. A settlement can occur at any point, but there is no standard timeline.

Q. What costs are involved in hiring a lawyer for a construction accident case?

A. Many lawyers accept construction accident cases on a contingency fee basis. This means the lawyer’s fee is paid as a percentage of the recovery obtained. If there is no recovery, there is often no fee. However, litigation expenses and other costs are usually discussed at the start of representation.

Q. What if my employer does not have workers’ compensation insurance?

A. Employers in New York must have workers’ compensation coverage. If they fail to do so, they can face penalties, and the injured worker might be allowed to sue the employer directly.

In Ramcharan v. Beach 20th Realty, LLC, 94 A.D.3d 964 (2d Dep’t 2012), the case highlighted the importance of workers’ compensation coverage and the potential consequences for employers who fail to secure it. Under New York law, employers must provide workers’ compensation insurance to cover medical expenses and lost wages for injured workers. If an employer does not secure this coverage, an injured worker may have the right to sue the employer directly for damages, rather than being limited to a workers’ compensation claim. In this case, the court examined various legal claims surrounding a fatal workplace accident but ultimately reaffirmed that an employer without proper coverage may be exposed to lawsuits beyond the workers’ compensation system. This ruling underscores the critical legal and financial risks for businesses that do not comply with New York’s workers’ compensation laws, reinforcing that failing to provide coverage can open the door to direct liability and costly litigation.

The Uninsured Employers Fund may also provide benefits. It is best to speak with an experienced construction accident attorney in New York if you suspect your employer does not have coverage.

Q. Can I receive Social Security Disability benefits in addition to a legal settlement?

A. If your injury prevents you from working for an extended period, you may be eligible for Social Security Disability benefits. These benefits are separate from workers’ compensation and third-party lawsuits. There can be offsets, so it is wise to speak with an attorney or benefits advisor.

Q. Should I keep records related to my accident?

A. Yes, collect all accident reports, witness information, medical bills, and details about missed workdays. These records can be used as evidence in a lawsuit or insurance claim. Documenting every visit to a doctor or therapist will help show the extent of the injury and its impact.

If you have any additional questions, contact an experienced New York construction accident lawyer. A lawyer can discuss your specific situation, identify the statutes and regulations that apply, and guide you through each step of the legal process.

If you have been injured in a construction accident and need to explore your rights under New York Labor Law and other statutes, contact Stephen Bilkis & Associates. Taking prompt action can preserve evidence and help you comply with filing deadlines. A discussion with an experienced construct accident attorney in New York can bring clarity regarding the legal steps necessary to pursue compensation for medical bills, lost wages, and the hardships caused by the accident. Workers’ compensation may be part of the picture, but a third-party claim can address losses that workers’ compensation does not cover. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent injured victims in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.