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What You Need To Know About NY Labor Laws

What You Need To Know About NY Labor Laws

Know Your Rights with Michael

Know Your Rights with Michael "The Bull" Lamonsoff, NYC Personal Injury Lawyer

Michael Welcomes Thankful Client as the Newest Member to the 'Bull's Millionaire's Club!'

Michael Welcomes Thankful Client as the Newest Member to the 'Bull's Millionaire's Club!'

What Are the Common Causes of Construction Accidents in New York?

Construction accidents often result from safety violations, negligence, and hazardous working conditions, including:

  • Falls from Heights – Scaffolding, ladders, and roofs.
  • Electrocutions – Exposed wiring and power line contact.
  • Falling Objects – Tools, debris, and unsecured materials.
  • Trench & Structural Collapses – Poorly reinforced excavation sites.
  • Machinery Accidents – Forklifts, cranes, and defective equipment.
  • Slip and Falls – Slippery surfaces, loose cables, and site debris.
  • Toxic Exposure – Lead, asbestos, and chemical exposure.

Common Types of Construction Accidents in New York

New York City’s construction industry remains one of the most hazardous in the nation, with accident rates continuing to rise. Notably, the data shows a large increase in ladder falls, stair falls, and tripping incidents, with the city experiencing an over 17% increase in these types of accidents from 2020 to 2023 (NYC Department of Buildings 2023 Report). These accidents may result in serious injuries or fatalities, underscoring the importance of strict safety regulations and legal protections for construction workers.

Scaffolding Accidents – Workers on scaffolds face a high risk of falls due to inadequate safety measures, unstable platforms, or improperly assembled scaffolds. New York Labor Law 240 (the Scaffold Law) provides strong legal protections for injured workers.

Ladder Falls – A leading cause of construction injuries, ladder falls often result from defective ladders, improper placement, or lack of fall protection. These accidents have significantly increased in recent years.

Crane Accidents – Construction cranes are essential but dangerous. Cranes can collapse due to mechanical failures, operator error, or improper setup, often causing catastrophic injuries or fatalities.

Electrocutions – Contact with exposed wiring, power lines, or faulty electrical equipment is a major hazard on job sites, leading to severe burns, cardiac arrest, or death.

Falling Objects – Tools, materials, and debris falling from heights can cause devastating head injuries and fatalities, particularly for workers below scaffolds or cranes.

Trench Collapses – Excavation and trench work present a high risk of collapses, which can trap and suffocate workers if proper reinforcement and protective measures are not in place.

Machinery Accidents – Heavy machinery such as forklifts, bulldozers, and power tools can cause severe crush injuries, amputations, and fatalities when improperly maintained or operated.

Slip and Falls – Slippery surfaces, uneven ground, and debris-filled walkways contribute to a large percentage of construction-related injuries, particularly in high-rise projects.

Structural Collapses – Buildings under construction or renovation can collapse due to faulty designs, inadequate supports, or rushed construction timelines.

Toxic Exposure – Construction workers are frequently exposed to hazardous chemicals, asbestos, lead, and other toxic substances, leading to respiratory issues and long-term health conditions.

Vehicle Accidents – Construction zones generally have high traffic, and workers are at risk of being struck by trucks, forklifts, or other site vehicles.

“The Fatal Four”

The Occupational Safety and Health Administration (OSHA) has identified the “Fatal Four” as the leading causes of construction worker deaths:

  • Falls – The most common cause of fatalities, typically from scaffolds, ladders, and roofs.
  • Struck-By Accidents – Includes workers being hit by falling objects or heavy equipment.
  • Electrocutions – Caused by exposed wires, power lines, and malfunctioning electrical systems.
  • Caught-In/Between Accidents – Occurs when workers are trapped in collapsing trenches or between heavy machinery.

These accidents account for nearly 60% of all construction fatalities in the US, making safety regulations and legal protections critical in preventing tragic outcomes.

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Types of Damages You May Be Entitled To

Construction accident victims in New York may be eligible for significant compensation, including:

  • Medical Expenses – Coverage for past, present, and future treatment.
  • Lost Wages & Future Earning Capacity – Compensation for missed work and reduced ability to earn.
  • Pain and Suffering – Non-economic damages for physical pain and emotional distress.
  • Disability and Disfigurement – Compensation for permanent impairments.
  • Emotional Distress – PTSD, anxiety, and trauma-related suffering.
  • Rehabilitation & Therapy Costs – Physical therapy, occupational therapy, and long-term care.
  • Wrongful Death Damages – Funeral costs and loss of income, for surviving families.

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Steps to Take After a Construction Accident in New York

If you have been injured in a construction accident, taking immediate action can protect both your health and your legal rights.

  1. Seek Medical Attention – Your health is the priority. Even if injuries seem minor, they may worsen over time. Report any and all pain to a doctor.
  2. Report the Accident – Notify your employer or site supervisor and ensure an official incident report is filed. Take a picture or obtain a copy.
  3. Document Everything – Take photos of the accident scene, equipment involved, and your injuries.
  4. Collect Witness Statements – If coworkers or bystanders saw the accident, their testimony could be crucial. Obtain their names and phone numbers.
  5. Do Not Sign Anything Without Legal Advice – Employers or insurance companies may pressure you to sign waivers or settlements that limit your rights.
  6. Contact a Construction Accident Attorney – An experienced lawyer can guide you through your options and help maximize your compensation.

Frequently Asked Questions: New York Construction Accidents

What compensation am I entitled to?

Depending on your case, you may recover compensation for medical bills, lost wages, pain and suffering, and more through workers’ compensation, third-party claims, or both.

How long do I have to file a claim?

Under New York law, workers’ compensation claims must be filed within two years, while third-party personal injury claims generally have a three-year statute of limitations.

Who is liable for my construction site accident?

Liability may fall on the property owner, general contractor, subcontractor, equipment manufacturer, or another negligent third party. New York’s Labor Laws, including Sections 200, 240, and 241, often hold these entities accountable for worker injuries.

Can I sue my employer?

Typically, workers’ compensation laws prevent employees from suing their direct employer, but you may file a claim against negligent third parties like contractors, site owners, or equipment manufacturers.

How Do I Pay My Medical Bills and Support Myself and/or My Family?

If a construction site accident occurs on the job, you are entitled to workers’ compensation benefits. Workers’ compensation laws give you the right to cash payments for lost wages and reimbursement for all medical expenses incurred due to a workplace accident.

However, these benefits may be wholly inadequate. The payments will diminish as time goes on and will ultimately be cut off. In addition, the reimbursement of lost wages is far less than what the salary of the worker was before the accident happened.

Can I Bring a Lawsuit for My Injuries in New York?

Yes. In New York, injured construction workers can bring a lawsuit against a property owner or other negligent parties. To prevail in a legal claim, a construction worker’s lawyer must prove that the accident occurred because of a violation of one of New York’s construction site safety laws. Here are three key state laws that apply to your construction site accident:

  • New York Labor Law Section 240(1): Known as the ‘Scaffolding Law’, Labor Law 240(1) allows construction workers to hold property owners completely responsible for any falls from heights that occurred because of inadequate safety practices. This includes bodily injuries sustained either falling yourself, or being struck by falling objects/debris/construction material.
  • New York Labor Law Section 241(6): Under Labor Law 241(6), an injured construction worker can sue for specific violations of New York’s Industrial Code.
  • New York Labor Law Section 200: Labor Law 200 allows construction workers to sue defendants that fail to take reasonable safety precautions at worksites.

Who is Legally Responsible for My Construction Site Accident?

There are often multiple defendants in a New York construction site lawsuit. Landowners, developers, and other related parties can be held 100% responsible for injured workers.

This is especially true if OSHA rules and New York City Rules and Regulations (NYCRR) are violated. While the type and existence of multiple defendants can serve to complicate New York construction accident cases, they can also make them worth a lot of money when handled by a skilled lawyer.

Click here to learn how to file an accident report.

What if I am an Undocumented Worker in NYC? What are My Rights?

Many undocumented workers injured at construction sites are afraid to bring a claim. However, your undocumented status cannot be considered in determining whether you are entitled to file for workers' compensation or a personal injury lawsuit.

If you are an undocumented worker and are injured, you have exactly the same rights as other New York City workers AND your status is protected and cannot be reported to authorities.

Call now for a free, confidential consultation with our winning team of construction accident attorneys in New York.

Click here to learn about undocumented workers' rights.

Depending on your case, you may recover compensation for medical bills, lost wages, pain and suffering, and more through workers’ compensation, third-party claims, or both.

Under New York law, workers’ compensation claims must be filed within two years, while third-party personal injury claims generally have a three-year statute of limitations.

Liability may fall on the property owner, general contractor, subcontractor, equipment manufacturer, or another negligent third party. New York’s Labor Laws, including Sections 200, 240, and 241, often hold these entities accountable for worker injuries.

Typically, workers’ compensation laws prevent employees from suing their direct employer, but you may file a claim against negligent third parties like contractors, site owners, or equipment manufacturers.

If a construction site accident occurs on the job, you are entitled to workers’ compensation benefits. Workers’ compensation laws give you the right to cash payments for lost wages and reimbursement for all medical expenses incurred due to a workplace accident.

However, these benefits may be wholly inadequate. The payments will diminish as time goes on and will ultimately be cut off. In addition, the reimbursement of lost wages is far less than what the salary of the worker was before the accident happened.

Yes. In New York, injured construction workers can bring a lawsuit against a property owner or other negligent parties. To prevail in a legal claim, a construction worker’s lawyer must prove that the accident occurred because of a violation of one of New York’s construction site safety laws. Here are three key state laws that apply to your construction site accident:

  • New York Labor Law Section 240(1): Known as the ‘Scaffolding Law’, Labor Law 240(1) allows construction workers to hold property owners completely responsible for any falls from heights that occurred because of inadequate safety practices. This includes bodily injuries sustained either falling yourself, or being struck by falling objects/debris/construction material.
  • New York Labor Law Section 241(6): Under Labor Law 241(6), an injured construction worker can sue for specific violations of New York’s Industrial Code.
  • New York Labor Law Section 200: Labor Law 200 allows construction workers to sue defendants that fail to take reasonable safety precautions at worksites.

There are often multiple defendants in a New York construction site lawsuit. Landowners, developers, and other related parties can be held 100% responsible for injured workers.

This is especially true if OSHA rules and New York City Rules and Regulations (NYCRR) are violated. While the type and existence of multiple defendants can serve to complicate New York construction accident cases, they can also make them worth a lot of money when handled by a skilled lawyer.

Click here to learn how to file an accident report.

Many undocumented workers injured at construction sites are afraid to bring a claim. However, your undocumented status cannot be considered in determining whether you are entitled to file for workers' compensation or a personal injury lawsuit.

If you are an undocumented worker and are injured, you have exactly the same rights as other New York City workers AND your status is protected and cannot be reported to authorities.

Call now for a free, confidential consultation with our winning team of construction accident attorneys in New York.

Click here to learn about undocumented workers' rights.

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