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Construction Accidents · Labor Law §§ 240, 241(6), 200

New York construction accident lawyer.

The Scaffold Law was written for you. Use it.

If you fell from a height or were struck by a falling object on a New York construction site, the law gives you one of the strongest injury claims that exists anywhere in this country. Most injured workers never learn that. This page explains it.

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*Client may remain responsible for court costs and case expenses. See site footer.

Why New York construction cases are different.

LABOR LAW § 240(1)

New York Labor Law § 240(1), the Scaffold Law, imposes absolute liability on property owners and general contractors when a worker is injured in a gravity-related accident: a fall from a ladder, scaffold, roof, or other elevation, or being struck by a falling object that should have been secured. When the statute applies, the owner and contractor are liable for the failure to provide proper protection. In most § 240(1) cases, your own comparative fault is not a defense.

That is not how ordinary negligence works, and it is why defendants and their insurers treat these cases seriously. Statutory liability changes the negotiation.

Workers' comp is not the ceiling.

Workers' compensation generally prevents you from suing your own employer, and it pays only a fraction of what an injury actually costs: partial wages and medical bills, nothing for pain and suffering. But comp does not stop you from suing the property owner, the general contractor, or other companies on the site. That third-party lawsuit is where full compensation lives: complete lost earnings, past and future, union benefits and annuity losses, medical care for life, and pain and suffering. You can collect workers' comp and pursue the lawsuit at the same time; the comp carrier's lien is handled at settlement.

Beyond section 240: the rest of the toolbox.

LABOR LAW § 241(6) · § 200

Not every site injury is a fall. Labor Law § 241(6) covers injuries caused by violations of New York's Industrial Code: unguarded machinery, debris and tripping hazards, electrical contact, trench and demolition failures. Labor Law § 200 and common-law negligence cover unsafe means and methods of work. A construction case is often built on several of these at once.

The injuries these cases involve.

  • Spinal injuries, herniations, and fusion surgery
  • Traumatic brain injuries
  • Fractures requiring surgical hardware
  • Shoulder and knee tears requiring repair
  • Fatal accidents and wrongful death

What a case is worth turns on specifics: the surgery you needed, the work you can no longer do, your age, your trade, your future medical needs. No honest lawyer quotes a number before knowing them. We will tell you plainly what drives value in your case and what does not.

Deadlines.

Most New York construction injury claims must be filed within three years of the accident. If a public entity owns the site, a notice of claim may be due within 90 days. Site conditions get repaired, video gets overwritten, and coworkers scatter to other jobs. The investigation should start now.

Where we take construction cases.

We handle site injuries across the five boroughs and New York State, including Brooklyn, Queens, and the Bronx, each of which builds differently and produces its own fact patterns. Struck by falling debris as a passerby rather than a worker? That is its own claim, and often a stronger one: see falling debris injuries.

Questions people ask us.

Can I sue if the accident was partly my fault?

Usually, yes. Under Labor Law section 240(1), a worker's comparative fault is generally not a defense. Defendants may argue you were the sole cause of the accident, but that is a narrow exception, and it is the defendant's burden.

Can I sue my employer?

Generally no; workers' compensation is the remedy against your employer. The lawsuit targets the property owner, the general contractor, and other responsible companies on the site, which is where full compensation is recovered.

I am not a citizen. Can I still bring a case?

Yes. New York's Labor Law protects injured workers regardless of immigration status, and your status does not bar recovery.

I am already collecting workers' comp. Does that stop the lawsuit?

No. You can receive workers' compensation and pursue a third-party lawsuit at the same time. The comp carrier's lien is resolved out of the recovery, and we handle that negotiation.

Free Case Review

Tell us what happened. It takes about 60 seconds.

Answer a few questions and Daniel Hochman personally reviews your case. Free and confidential, no obligation.

Step 1 of 2

What happened?
How were you hurt?
What was your role on the site?
Was safety equipment provided for the work?
In the accident, you were the…
Was a police or accident report filed?
Where did you fall?
What caused the fall?
Medical treatment so far?
Roughly how many employees does your employer have?
Where do things stand?
What do you believe it was based on?
When did it happen?

If it happened over a period of time, pick the most recent date.

Tell us what happened.

The more detail, the faster we can evaluate the case. Names, locations, and dates all help.

Where should we reach you?

Submitting this form does not create an attorney-client relationship. Please do not include confidential details.

Received.

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Daniel Hochman, Esq.

Daniel Hochman, Esq.

Personally reviews every submission

Deadlines are shorter than people think.

90 days

Notice of claim against New York City and most public entities.

30 days

No-fault insurance application after a motor vehicle accident.

300 days

EEOC charge for most employment discrimination claims.

Prefer to talk? Calling is faster: (917) 653-7259. Free and confidential.

Tell us what happened.

Free consultation. Direct answer on whether you have a case.