Can a Contractor Sue for Injury in NYC?
New York City’s ever-changing skyline has always been a sign of progress and hard work. Yet, behind the scaffolds and safety helmets, the risks are real. In 2023 alone, there has been a 25% increase in the number of injuries sustained by construction workers due to ladder falls, stair falls, and tripping incidents, to name a few.
If you are a contractor or a subcontractor, you might wonder what happens if you get injured on the job. Can you take legal action if the accident was due to someone else's mistake? The answer is a resounding yes. Worker's compensation might not be the only route; if a construction company, a site owner, or a third party neglected your safety, you may have the right to challenge them in court.
Can You Sue the Construction Company for Your Injury as a Contractor or Subcontractor in New York?
Generally, workers' compensation prevents you from suing your employer for injuries. This system is designed to provide quick and guaranteed compensation without needing to prove fault, but yes, it often does not cover everything, like pain and suffering or full salary replacement.
But if you are not a direct employee of the negligent construction company or property owner (as is usually the case for contractors and subcontractors), you are not covered by their workers' compensation insurance. So, you can pursue a third-party lawsuit against them if they are responsible for your injuries due to negligence or unsafe conditions.
New York Labor Law Section 240
New York provides strong protections for workers on construction sites through New York Labor Law Section 240 (Scaffold Law). The Scaffold Law requires all contractors, owners, and their agents to provide proper safety devices and safeguards to everyone who is engaged in any construction, erection, demolition, repairing, altering, painting, cleaning, or pointing work. Proper safety devices can include scaffolds, ladders, hoists, stays, slings, hangers, blocks, pulleys, braces, irons, ropes, and other similar devices.
The law holds construction project owners, general contractors, and other contractors strictly liable for injuries resulting from a failure to provide such safety measures if the work involved elevation-related risks, such as falling from a height or being hit by a falling object.
New York Labor Law Section 241
New York Labor Law Section 241(6), on the other hand, mandates that all areas in which construction, excavation, or demolition work is being performed must be constructed, shored, equipped, guarded, arranged, operated, and conducted to provide reasonable protection to the workers. A single violation of safety rules set forth in the Industrial Code, which cover a wide range of safety concerns — from proper flooring and walkways to adequate illumination and the safe operation of machinery — can serve as a basis for a lawsuit if they directly cause an injury.
New York Labor Law Section 200
Under New York Labor Law Section 200, if you can show that the party in control of the site failed to correct a dangerous condition they knew or should have known about and that this failure led to your injury, you can sue them. Likewise, you can sue an owner or contractor who had the authority to control the work that led to your injury.
As a contractor, you have more flexibility to seek damages through lawsuits than direct employees covered by workers' compensation, particularly if you can demonstrate negligence or a violation of any safety laws.
Can You Sue the Homeowner for Your Injury in New York?
It depends on the homeowner's level of involvement and the exact nature of the hazard or negligence. As a contractor, you might be able to sue a homeowner in two situations:
- The homeowner knew about a hazardous condition and failed to inform you or took actions that contributed to an unsafe work condition. For example, they provided malfunctioning tools or did not inform you that the roof was weak and that directly caused your injury. In this case, you could file a negligence claim against them.
- The homeowner dictated how the work should be done, which tools to use, or the methods of work, and this control led to an unsafe condition causing your injury, you could sue under the New York Labor Law Section 200.
You may also have grounds to sue the homeowner even if your injury is unrelated to the construction work itself. All property owners in New York have a general duty to ensure that their property is safe for visitors, including contractors. This duty includes warning of known dangers that you might not reasonably be expected to notice yourself.
For example, if a homeowner is aware of a weak floor section, a broken stairway, or a spill unattended during your work but does not mention it, and you get injured as a result — this could be considered negligence (a failure to act as a reasonable person would under similar circumstances).
Get Our Seasoned New York City Construction Accident Attorneys on Your Side
Have you been injured on a construction site and feel overwhelmed about what to do next? At The Law Offices of Michael S. Lamonsoff, PLLC, we do not rush settlements; we build strong cases that insurance companies respect — and fear. "The Bull" Michael Lamonsoff leads a team that aggressively pursues every claim and pushes insurance companies to offer what you rightfully deserve.
Our approach is to cover all bases, from gathering undeniable evidence to preparing for a potential trial. We know that your life and future are on the line; getting you the resources to manage your recovery is our top priority. Call 212-962-1020 or reach out to us now for a free consultation from a New York construction accident attorney and experience the dedication of a team that fights as hard as you do.