Construction Accident Lawyer NYC

Comp bars you from suing your employer, but it does not touch the property owner, the general contractor, other trades, or an equipment manufacturer — and in New York that is where the real recovery is. Labor Law 240, the "Scaffold Law," imposes absolute liability on owners and general contractors when an elevation-related safety device fails. Comparative fault is not a defence to a valid 240 claim. It is the strongest liability statute in American injury law and it applies to construction work in New York City every day.

• Labor Law 240(1): falls from height, and objects falling on workers, where scaffolds, hoists, harnesses, ladders or braces were absent or inadequate — absolute liability.
• Labor Law 241(6): violations of specific Industrial Code rules, such as debris, unguarded openings or inadequate lighting.
• Labor Law 200: general negligence where the owner or contractor controlled the unsafe condition.

• Scaffold and ladder falls, and collapses of temporary structures.
• Falls through unguarded floor openings, shafts and skylights.
• Falling debris, tools and materials striking workers below.
• Trench collapses, crane and hoist failures.
• Electrocution, burns and explosions.
• Struck-by-vehicle injuries in street and roadway work zones.

Preserve the scaffold, harness, ladder or hoist before it is repaired or removed; obtain DOB permits, violations and stop-work orders; identify every entity on site through the permit chain; secure site safety logs, toolbox talk records and photographs; and file both the comp claim and the third-party case so neither is prejudiced.

Undocumented workers have the same right to bring a Labor Law claim in New York and to recover lost earnings. Lawyers typically do not report status and it is generally inadmissible.

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To ask about your situation, use the free enquiry form on this page or book a call. Personal Injury NYC is not a law firm, and an enquiry does not create an attorney-client relationship. Many New York injury attorneys work on a contingency fee, but the percentage and case costs vary, so ask for the terms in writing before you sign.

I fell from an unsecured scaffold. My employer says workers' comp is all I get.

Workers' comp bars suing your employer, but New York Labor Law 240(1) creates near-absolute liability against the property owner and general contractor for gravity-related falls. That is a separate case, and it can be worth far more than comp alone.

Falling debris struck me even though I was wearing a hard hat.

Labor Law 240 also covers falling-object injuries when hoisting or securing was inadequate. Wearing PPE does not reduce the owner's statutory duty.

I am undocumented. Can I still file?

Possibly — it depends on the facts and the evidence. Immigration status does not bar a New York personal injury or Labor Law claim, and lawyers typically do not need it to prove your damages.

I tripped over site debris and hurt my back.

That is usually a Labor Law 241(6) and Industrial Code claim rather than 240. It still runs against the owner and contractor. See back injury claims.

These are general explanations of how New York rules usually apply, not advice about your claim. The outcome of any real case depends on its facts and evidence; a New York-licensed attorney can advise on your situation.