New York City Construction Site Accident

New York has special provisions to address the unique dangers faced by construction workers. Workers at construction sites are routinely subject to dangerous conditions and potentially serious injury. When a worker is injured, he/she is covered by workers’ compensation. But that is often not sufficient to cover the severe injuries that occur at construction sites. Furthermore, construction sites are usually occupied by numerous employers (contractors, subcontractors, etc.) at a time. Often, one of these third parties will be the cause of an injury to a non-employee who is working for someone else on the site.

What To Do if You’ve Been Injured While Working on a Construction Site

• Notify the contractor or property owner immediately or as soon as possible.
• Seek medical attention, even if the injury seems minor.
• If possible, take photographs of the accident scene, your injuries, and any equipment or conditions that may have played a role in the incident. Be sure to gather the names and contact details of any witnesses.
• Your time to sue is limited; contact an experienced personal injury lawyer.

Understanding Negligence in Construction Site Accidents

Under ordinary negligence law, an injured worker may sue a third-party contractor for dangerous conditions that (1) caused the worker’s injury; and (2) that the third-party had control of and knew or should have known was dangerous. A worker’s comparative negligence is at issue in such claims, as in other negligence claims. If you recover by making a third-party claim, you will have to reimburse workers’ compensation that you receive.

What are Labor Laws 240 and 241?

New York State has established laws specifically aimed at protecting workers injured on construction sites. These laws apply to accidents or fatalities that occur on commercial worksites during activities such as site preparation, demolition, repairs, or alterations. Labor Laws 240 and 241 offer safeguards for construction workers, especially those working at heights. These laws set forth safety standards and address liability in the event of a worksite accident. While both laws are designed to protect construction workers, each one includes distinct provisions related to site safety and injury prevention.

Labor Law 240

Under New York’s Labor Law 240, construction workers who perform work necessary or incidental to the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure of a building and who do so at high elevations (on a scaffold, or on ladders on tall structures) are entitled to certain safety devices and provisions. If they do not receive such devices or provisions and they are injured in a scaffold or other elevation support-related accidents, in addition to workers’ compensation through their employer, they may recover against a third-party that was responsible for supervising the project and providing safety devices (such as general contractor or subcontractor responsible for safety on part or all of the project) if they can prove the third-party knew or should have known there were safety violations. However, if the third party can prove the worker was solely responsible for the accident, then the defendant is not liable. If you recover by making a third-party claim, you will have to reimburse a portion of the workers’ compensation benefits you received.

In some cases, minor repair work and routine maintenance may not always be considered a protected activity under Labor Law 240.

Examples:

• You are a construction worker on a scaffold set up by your employer; it falls for no apparent reason. You may recover damages for any injuries that result.
• You are a construction worker on the 50th floor of a high-rise project and a floor you were installing gives way. Your employer has provided an old, damaged safety harness, which fails, causing you to fall to the next landing. You can recover damages for your injuries even though your mistakes in installing the flooring might have contributed to your injury.
• You are a construction worker. You set up a scaffold, but do it improperly. The scaffold gives way, and you fall, injuring yourself. You may not be able to recover damages because you were the sole cause of your injury.
• You are a construction worker repairing a bridge. You have been instructed to use, and in how to use, certain safety lines when scaling the bridge. You fail to use the lines and fall, injuring yourself. You may not be able to recover damages because you were the sole cause of your injury.

Labor Law 241

This section provides for strict liability where a contractor or other party violates certain safety codes at a worksite, and that violation results in injury. That means the worker does not have to prove the defendant was at fault (negligent) in causing the injury—the violation establishes fault. This section is not limited to injuries that result from elevation-related accidents. If you recover by making a third-party claim, you will have to reimburse a portion of the workers’ compensation benefits you received.

Example: A safety code provides that lights must be placed a certain distance apart in a tunnel a worker is excavating. The lights are too far apart. A worker trips and breaks a leg. The worker may recover damages by showing the code violation.

What Is the Statute of Limitations For Construction Site Accident Claims in New York?

In New York, the statute of limitations for filing a construction site accident claim is generally three years from the date of the injury. This means that an injured worker must file a personal injury lawsuit within three years of the accident, or they may lose the right to seek compensation through the courts. However, if the accident results in death, the decedent’s family typically has two years from the date of death to file a wrongful death claim. It’s important to note that claims involving government entities may have shorter deadlines and require the filing of a notice of claim within 90 days. Because timing is critical, injured workers should consult with an attorney as soon as possible to ensure their rights are preserved.

What Compensation Is Available Following a Construction Site Accident?

Following a construction site accident in New York, injured workers may be entitled to several types of compensation under the law. The most common form is workers’ compensation, which provides benefits regardless of fault. These benefits typically cover medical expenses, a portion of lost wages, and, in some cases, disability payments. Workers’ compensation also includes death benefits for surviving family members if the accident is fatal. However, workers’ compensation does not allow for compensation for pain and suffering.

In certain cases, injured workers may also be eligible to file a third-party personal injury lawsuit if someone other than their employer (such as a contractor, property owner, or equipment manufacturer) was partially or fully responsible for the accident. Through a third-party claim, the injured worker may seek additional damages not covered by workers’ compensation, including full lost wages, pain and suffering, and other non-economic damages. These types of claims often arise under New York Labor Laws 200, 240 (the “Scaffold Law”), and 241, which impose specific safety responsibilities on property owners and contractors.

What Are the Most Common Types of Construction Site Accidents?

Construction sites in New York are inherently dangerous environments, and several types of accidents occur more frequently than others. One of the most common is falls from heights, which include falls from ladders, scaffolding, roofs, and other elevated surfaces. These accidents are particularly serious and often lead to severe injuries or fatalities.

Another frequent type of construction accident involves being struck by falling objects, such as tools, building materials, or debris. Workers may be injured if objects are not properly secured or if overhead work is performed without appropriate safety precautions. Trips and slips, caused by uneven surfaces, exposed wiring, or poor housekeeping, are also common and can lead to broken bones, head injuries, or sprains. Additionally, electrical accidents, such as contact with live wires or improper use of equipment, and machinery-related incidents involving forklifts, cranes, or power tools pose significant risks. These accidents are often preventable and usually result from safety violations, lack of training, or insufficient protective equipment.

Lastly, trench collapses, explosions, and exposure to hazardous materials are also dangerous and sometimes deadly events that occur on construction sites. The risks involved in these scenarios highlight the importance of strict adherence to safety regulations and proper site supervision. Regardless of the type of accident, injured workers in New York may have legal recourse under state labor laws and could be eligible for workers’ compensation and potentially additional damages through a third-party claim, depending on the circumstances of the incident.

How a New York Construction Site Accident Attorney Can Help

A New York construction site accident attorney can play a crucial role in helping injured workers navigate the complex legal landscape following a job site injury. From the outset, an attorney can evaluate the circumstances of the accident to determine whether you are entitled to compensation beyond what workers’ compensation provides. For example, if a third party—such as a subcontractor, property owner, or equipment manufacturer—contributed to your injury, an attorney can help you file a personal injury lawsuit to pursue damages for pain and suffering, full lost wages, and other non-economic losses that are not covered by workers’ compensation.

Additionally, a skilled construction accident lawyer will handle all aspects of your case, including gathering evidence, interviewing witnesses, reviewing medical records, and working with experts to build a strong claim. They will also ensure that all legal deadlines—such as statutes of limitations and notice of claim requirements—are met. Whether negotiating a settlement or representing you in court, an experienced attorney serves as your advocate, protecting your rights and working to maximize your compensation. Their knowledge of New York labor laws allows them to identify violations and hold the responsible parties accountable.

Get Connected With a Trusted New York City Construction Site Accident Attorney

The NYC Legal Referral Service (LRS) has personal injury attorneys who can assist with a variety of issues related to construction site accidents.

When you call the Legal Referral Service to speak to one of our referral counselors, all the information you provide to the counselor will be kept confidential to the fullest extent possible under the law. The referral counselor will ask you some questions to better understand your legal issue and to determine which one of our lawyers is best suited to handle your issue. If a referral to an LRS lawyer is not appropriate or necessary, the referral counselor can offer you other options or further information to help you resolve your issue another way.

Contact us today to request a referral to one of our screened and qualified New York City Bar Legal Referral Service lawyers.

Last Updated July 2025