New York Construction Accident Guide

If you or someone you know was injured on a construction site in New York, this guide explains what you’re entitled to, what steps to take, and what to watch out for.

The Legal Framework in Brief

New York has the strongest statutory protections for construction workers of any state in the country. Three Labor Law provisions do most of the work:

• Labor Law §240 (the Scaffold Law) — Imposes strict liability on property owners and general contractors for gravity-related injuries: falls from scaffolds, ladders, roofs, and elevated surfaces; injuries from falling objects; and hoist and rigging accidents.
• Labor Law §241(6) — Requires owners and GCs to comply with specific provisions of the New York Industrial Code. A violation of a specific code provision creates liability for worker injuries caused by that violation.
• Labor Law §200 — Codifies the common law duty to maintain a safe workplace. Applies when an owner or GC had control over the work or knew of a dangerous condition.

These statutes create liability that owners and GCs cannot delegate to subcontractors. This is critical: even if the subcontractor employing you was responsible for the unsafe condition, the owner and GC remain liable under §240 and §241(6).

What to Do After a Construction Accident

1. Get medical attention immediately. Even if you feel you can walk it off, see a doctor the same day. Some injuries — spinal compression, internal bleeding, head trauma — are not immediately obvious. The medical record from the day of injury is one of the most important documents in your case.

2. Report the accident in writing. Tell your foreman, super, or safety officer, and make sure it is documented. Ask for a copy of the accident report. If no report is made, send an email or text to create a written record.

3. Photograph everything. The accident site, the defective equipment, your injuries, the fall zone, the ladder, the scaffold — all of it. Sites change quickly. Evidence disappears.

4. Get witness information. Names and phone numbers of anyone who saw what happened, or who worked in the area.

5. File for workers’ compensation. Do this promptly. Workers’ comp covers your medical bills and a portion of lost wages, regardless of fault. But it is not your only remedy — you can also pursue a third-party claim against the owner and GC simultaneously.

6. Do not sign anything from the owner, GC, or their insurance company. Adjusters move fast after accidents. Any statement you give, or release you sign, can harm your third-party claim. Call a lawyer first.

7. Call us. Construction accident cases require immediate evidence preservation — site inspections, equipment preservation, witness interviews. The sooner we are involved, the better.

Who Can Be Sued

In a New York construction accident case, the potential defendants include:

• The property owner
• The general contractor
• Construction managers acting as GC
• Upper-tier subcontractors who had supervisory authority
• Equipment manufacturers (product liability)
• Engineers and architects in some cases (§200)

You cannot sue your own employer for the accident itself — workers’ compensation is the exclusive remedy against your direct employer. But you can sue everyone else on that list.

What Workers’ Comp Covers — and What It Doesn’t

Workers’ compensation pays your medical bills and approximately two-thirds of your average weekly wage while you’re disabled. It does not pay for pain and suffering, full lost wages, or future reduced earning capacity. A third-party lawsuit — against the owner, GC, or others — is how you recover those losses.

The two claims run simultaneously. Workers’ comp pays while your lawsuit is pending. If you recover in the lawsuit, the workers’ comp carrier gets reimbursed for what it paid — but you keep everything above that amount.

Common Construction Accident Types

We handle all types of construction injuries in New York, including:

• Scaffold falls and platform collapses
• Ladder accidents
• Falling objects
• Crane accidents
• Electrocution
• Trench collapses
• Forklift accidents
• Fire and explosion
• Wrongful death

Frequently Asked Questions

Do I need to be a union member to have a case?

No. Labor Law protects all construction workers in New York, union and non-union alike.

Can I have a case if I was partially at fault?

Yes. Under Labor Law §240, worker fault is almost never a complete defense. Under §241(6) and §200, New York uses comparative negligence — your recovery is reduced by your share of fault, but not eliminated.

What if the accident happened on a small residential building?

There is a homeowner exemption to Labor Law §240 and §241(6) for one- and two-family dwellings where the owner did not direct or control the work. But this exemption is narrow, and the GC may still be liable.

How long do cases take?

Most construction accident cases in New York take one to three years to resolve, depending on the severity of injuries and liability complexity.

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Attorney Advertising. This guide is for informational purposes and does not constitute legal advice. Prior results do not guarantee a similar outcome. All legal services are provided by attorneys admitted in the applicable jurisdiction. Amparo Law Firm PLLC — 1 World Trade Center, New York, NY 10007.