Personal Injury Lawyers in New York
Construction Accident Lawyers in New York
New York's Labor Law gives construction workers some of the strongest protections in the country. If you were hurt on a job site, those laws may put liability squarely on the owner or contractor.
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If you were injured on a New York construction site, Labor Law §240 and §241(6) may hold the property owner and general contractor liable for gravity-related and safety-code violations — often regardless of your own care. Your immigration status doesn't bar recovery. A lawyer proves the violation and the damages.
New York protects construction workers more forcefully than almost any state in the country. Two statutes — Labor Law §240 and §241(6) — can hold property owners and general contractors directly responsible when a safety failure causes serious injury. If you were hurt on a job site, understanding these laws is the difference between a small claim and a full recovery.
We’ve spent years handling construction injury cases across New York, and the pattern repeats: the danger was known, the protection was missing, and the worker paid for it. The law says the owner and contractor should pay instead.
The Scaffold Law: Labor Law §240
Section 240, known as the Scaffold Law, covers gravity-related hazards — falls from heights and objects falling onto workers. It requires owners and contractors to provide proper protection: secure scaffolds, ladders, hoists, harnesses, and safety devices that actually work.
What makes §240 powerful is that it imposes absolute liability when a violation causes a fall or a struck-by injury. If the required protection wasn’t provided and that failure caused your harm, the owner and contractor can be liable even if you made a mistake. Your own comparative fault, which reduces recovery in most cases, generally doesn’t defeat a valid §240 claim.
Common §240 situations
- Falls from scaffolds, ladders, roofs, and elevated platforms
- Collapsing or improperly secured scaffolding
- Objects, tools, or materials falling from above
- Missing or defective harnesses, tie-offs, and guardrails
Safety-code violations: Labor Law §241(6)
Section 241(6) reaches beyond falls. It requires job sites to comply with specific safety regulations in the New York Industrial Code — rules on debris, flooring, protective equipment, and hazardous conditions. When a defendant violates a concrete Industrial Code provision and that violation injures you, §241(6) provides a path to liability. Here your own care can factor in under pure comparative negligence — which still governs construction claims — but a proven code violation still shifts responsibility onto the owner and contractor.
Undocumented workers are protected
This matters and it’s often misunderstood. Undocumented workers can recover under New York’s Labor Law. Immigration status does not bar a construction injury claim, and you should not let fear keep you from asserting your rights. We handle these cases discreetly and protect our clients throughout.
A real result
A construction worker we represented suffered a torn rotator cuff on the job and recovered $650,000. Prior results do not guarantee a similar outcome. Every case turns on its own facts — the severity of the injury, the nature of the violation, and the proof. What that result reflects is the approach: build the liability case on the statute, then document the injury fully.
What to do after a job-site injury
- Get medical care immediately and tell the provider it was a work injury.
- Report the accident to your supervisor, and note any missing safety equipment.
- Identify witnesses and photograph the scene and equipment if you can.
- Speak with a lawyer before giving recorded statements to an insurer.
Workers’ compensation may cover part of your losses, but a Labor Law claim against the owner or contractor can reach damages comp doesn’t — including full pain and suffering. The two often run together, and we coordinate both.
Deadlines you can’t miss
You generally have three years to bring a personal injury lawsuit in New York. If a public project or government entity is involved, a Notice of Claim within 90 days may be required. Evidence on a job site disappears fast — equipment gets repaired, conditions change — so acting early protects your case.
Talk to a partner-led firm
Sullivan & Brill has eight New York offices and more than 30 years handling serious injury claims. We pledge to represent you as one of our own. The consultation is free, we work on contingency, and we’re available 24/7. Review our case results, learn about premises liability claims, or contact us to discuss your job-site injury.
Construction accident questions New Yorkers ask
Who is liable for a New York construction accident?
Often the property owner and general contractor. Labor Law §240 and §241(6) place responsibility on them for gravity-related hazards and safety-code violations, even when they didn’t personally supervise the work. Your employer’s workers’ comp may also apply alongside a Labor Law claim.
Can I sue if I was partly at fault?
Yes. Under a valid §240 Scaffold Law claim, absolute liability means your comparative fault generally doesn’t reduce recovery. Under §241(6) and general negligence, pure comparative negligence applies to construction claims — your award is reduced by your share, never eliminated. (The stricter rule New York adopted in May 2026 applies only to motor vehicle cases.)
Can undocumented workers file a claim?
Yes. New York’s Labor Law protects undocumented construction workers, and immigration status does not bar recovery for a job-site injury. We handle these matters discreetly.
Can I file a Labor Law claim if I already have workers’ comp?
Often, yes. Workers’ compensation and a Labor Law claim against the owner or contractor can proceed together. The Labor Law claim can reach damages comp doesn’t cover, including full pain and suffering.
How long do I have to file?
Generally three years for a personal injury lawsuit. Public projects may require a Notice of Claim within 90 days. Because job-site evidence changes quickly, it’s best to speak with a lawyer soon after the accident.
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