Construction is one of the most dangerous jobs in New York. Workers are injured every day in falls from ladders and scaffolds, by falling objects, in equipment accidents, and in site collapses. New York gives construction workers some of the strongest legal protections in the country. But to use them, you need to act quickly and understand how the different laws work together.
At Sharifov & Associates, PLLC, we represent construction workers and their families throughout New York City and Long Island.
New York's Labor Law places special safety duties on property owners and general contractors, not just employers.
Labor Law § 240 (opens in a new tab) (the "Scaffold Law") (§ 240). Owners and contractors must provide proper safety devices, such as scaffolds, ladders, harnesses, and hoists, to protect workers from gravity-related hazards: falling from a height, or being hit by an object that falls because it wasn't properly secured. If they fail to do so and a worker is hurt as a result:
The defense is very limited, for example when the worker alone was the sole cause of the accident. Owners of one- and two-family homes who don't direct or control the work are generally exempt.
Labor Law § 241(6) (opens in a new tab). Owners and contractors must follow specific safety rules in New York's Industrial Code. If a specific rule was violated and caused the injury, they can be held responsible. Under this section, a worker's own fault can reduce the recovery.
Labor Law § 200 (opens in a new tab). This section reflects the general duty to provide a safe workplace. It usually applies when the owner or contractor controlled the work or knew about a dangerous condition.
Workers' compensation pays medical bills and part of your lost wages, regardless of who was at fault. In exchange, workers generally cannot sue their own employer for most injuries. (Learn more: NYS Workers' Compensation Board (opens in a new tab))
However, you can often bring a separate lawsuit against other parties, such as:
A third-party lawsuit can recover damages that workers' compensation doesn't pay, including pain and suffering and full lost wages. Many injured construction workers pursue both at the same time.
Undocumented workers injured on construction sites generally have the same right to bring workers' compensation and Labor Law claims. New York's highest court has held that undocumented workers can recover lost wages in Labor Law cases. Many injured workers are afraid to come forward because of their immigration status. Our firm also practices immigration law, so we can answer your questions about both confidentially.
Through workers' compensation:
Through a third-party lawsuit:
Practical answers
From the legal library
This guide explains, in plain language, the four main types of personal injury claims in New York and the special rules that apply to each one. Knowing which type of case you have is the first step to protecting your right to compensation.
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