New York Labor Law §240 — the "Scaffold Law"
This is one of the strongest worker-protection laws in the country. For gravity- and elevation-related accidents — falls from ladders, scaffolds, or roofs, falls through floor openings, or being struck by falling objects — Labor Law §240 imposes absolute liability on property owners and general contractors. That means you generally do not have to prove they were negligent, only that a safety violation caused your injury. Critically, your own mistakes usually do not reduce your recovery — a protection that does not exist in ordinary injury cases. (One- and two-family homeowners who don't direct the work are an exception.)
New York Labor Law §241(6)
Section 241(6) requires construction, demolition, and excavation sites to comply with specific Industrial Code safety standards — for fall protection, trenching, lighting, debris, and equipment. Here, liability depends on proving a specific code violation that contributed to your accident. We identify the exact violations that apply to your case.
Workers' comp AND a third-party claim
Many injured workers don't realize they can pursue both: workers' compensation (no-fault medical and partial wage benefits) and a separate third-party Labor Law claim against the owner or contractor. Workers' comp does not pay for pain and suffering or your full lost income — a Labor Law claim can. Filing a Labor Law claim does not make you ineligible for workers' comp.
Common construction accidents we handle
- Scaffold, ladder, and roof falls
- Falling objects, tools, and materials
- Crane, hoist, and lift failures
- Trench and excavation collapses
- Electrocutions and burns
- Falls through unprotected floor openings
- Struck-by and caught-between injuries
Immigration status does not disqualify you
Injured workers in New York have the right to pursue Labor Law claims regardless of immigration status. We handle your case with discretion, in your language.
Deadlines
Most construction injury lawsuits must be filed within three years of the accident. Claims involving a public/government project can carry much shorter notice deadlines. Evidence disappears fast on active sites — scaffolding comes down, crews move on — so it's critical to act quickly.
Frequently Asked Questions
Can I sue if I'm already getting workers' comp?
Often yes. A third-party Labor Law claim against the owner or contractor is separate from workers' comp and can recover damages comp doesn't, like pain and suffering.
What is the Scaffold Law?
Labor Law §240 holds owners and general contractors absolutely liable for gravity-related construction injuries when proper safety equipment wasn't provided.
What if the accident was partly my fault?
Under Labor Law §240, your own negligence generally does not reduce your recovery in qualifying cases.
Can I file a claim regardless of immigration status?
Yes — injured workers in New York can pursue Labor Law claims regardless of immigration status.
How long do I have to file?
Generally three years, but shorter deadlines can apply to public projects. Speak with a lawyer promptly.