New York's construction industry operates under some of the strictest safety regulations in the country such as Labor Laws 200, 240, and 241. These laws hold property owners, contractors, and employers accountable for providing a safe environment and enforcing safety standards.
With New York’s ongoing construction boom, more jobs bring increased risks. By 2024, the industry is expected to employ 160,000 workers, with construction spending in New York City alone reaching $83 billion. However, last year saw 841 construction-related incidents, leading to 692 injuries and 7 deaths—showing that safety remains a pressing concern.
Knowing your rights and the laws that protect you is essential for your safety and securing compensation. If you’ve been injured in a construction accident, you may have a right to a personal injury lawsuit.
Injured on a New York Construction Site?
Contact us today for a free consultation and let us fight for the compensation you deserve.
1. Labor Law Section 200
Your Right to a Safe Workplace
Labor Law 200 is New York's general duty clause. It requires your employer and property owners to provide a safe work environment. This means:
- All equipment must be properly maintained
- Work areas must be free from unnecessary hazards
- Adequate lighting and safety guardrails must be provided
If you're injured due to unsafe conditions, Labor Law 200 may allow you to seek compensation beyond workers' compensation.
2. Labor Law 240
Scaffold Law and Fall Protection
Commonly referred to as the "Scaffold Law," Labor Law 240 is one of the most crucial regulations for New York construction workers. It focuses specifically on fall protection and requires contractors and property owners to provide appropriate safety devices for workers performing tasks at an elevated vantage. Scaffold Law requires:
- Proper scaffolding with safety rails for work over 20 feet high
- Secure ladders and other elevation devices
- Protection from falling objects
Falls are among the leading causes of fatalities in the construction industry, and this law exists to mitigate that risk. According to the U.S. Bureau of Labor Statistics, 63 construction workers in New York lost their lives in 2021.
If you fall from a height or are struck by a falling object due to inadequate safety measures, you may have a strong case under Labor Law 240. This gives injured workers a legal option to hold negligent parties accountable, even in cases where their own actions may have contributed to the accident.
3. Labor Law 241
Specific Safety Standards for Construction Sites
Labor Law 241 complements Labor Law 240 by setting detailed safety requirements for construction, demolition, and excavation work. This law holds contractors and site owners liable for accidents resulting from violations of specific provisions outlined in the New York Industrial Code Part 23 - more on this code later.
It covers:
- Proper use of safety equipment
- Specific procedures for various construction activities
- Protection from tripping hazards and unsafe openings
If your injury resulted from a violation of these rules, you might have a strong case.
Labor Law 241 is comprehensive and non-delegable, meaning contractors and site owners cannot shift liability to another party. This ensures that safety is prioritized and properly enforced across all levels of a construction project.
4. Part 23 of the New York Industrial Code
While Labor Law 241 sets the legal framework, Industrial Code 23 provides the specific safety rules that your employer must follow in construction, demolition, and excavation operations.
Key provisions include:
- Requirements for personal protective equipment (PPE)
- Maintenance of tools and machinery
- Regulations for ladders, scaffolding, and other means of access
- Safety measures for electrical work
If your employer violates these standards and you're injured, you may have precise grounds for a claim under Labor Law 241.
5. Federal Laws That Protect You
The Occupational Safety and Health Act (OSHA) sets minimum safety guidelines for construction sites nationwide. These regulations address various hazards, including:
- Fall protection
- Electrical safety standards
- Proper handling of hazardous materials
- Trenching and excavation safety
Despite these robust laws, construction accidents still happen. When they do, you have several options for pursuing compensation.
Your Legal Options After a Construction Injury
- Workers' Compensation Claims
Workers' comp provides benefits for medical expenses and lost wages, regardless of fault. It's often the first step after an injury, but it may not cover all your losses.
- Personal Injury Lawsuits
If your injury resulted from someone's negligence (not your employer), you might file a personal injury lawsuit. This can provide compensation beyond workers' comp, including pain and suffering damages.
- Third-Party Liability Claims
If a third party (like a contractor or equipment manufacturer) caused your injury, you might have a third-party liability claim. These claims can often result in larger settlements than workers' comp alone.
- Workers' Compensation vs. Personal Injury Claims
While workers' comp provides immediate benefits, it's limited in scope. Personal injury claims can offer more comprehensive compensation but require proving fault. A skilled attorney can help you determine the best approach for your case.
Maximize Your Compensation After a Worksite Injury
Our lawyers will help ensure you receive full and fair compensation under New York law.
How a New York Construction Accident Attorney Can Fight for You
After a construction site injury, you're facing medical bills, lost wages, and potentially long-term health issues. An experienced New York construction accident attorney can be your strongest advocate during this challenging time. Here's how we can help:
- Investigate Your Accident Thoroughly
- Visit the accident site to gather evidence
- Interview witnesses promptly
- Review accident reports, safety logs, and maintenance records
- Consult with construction safety experts
- Identify All Responsible Parties
Your case may involve multiple liable parties, including:
- Your employer
- General contractors or subcontractors
- Equipment manufacturers
- Property owners
- Calculate the Full Extent of Your Damages
Beyond immediate medical bills, your attorney will account for:
- Future medical expenses and rehabilitation costs
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Complex Laws and Regulations
Your attorney will apply their knowledge of:
- Labor Law 200, 240, and 241
- OSHA regulations and NYC-specific construction codes
- Handle All Legal Procedures
- File necessary paperwork within deadlines
- Respond to legal motions
- Prepare you for depositions and court appearances
- Negotiate with Insurance Companies
- Counter lowball settlement offers
- Present compelling evidence
- Negotiate from a position of strength
- Represent You in Court if Necessary
- File a lawsuit if needed
- Present your case to a judge and jury
- Cross-examine witnesses and challenge opposing evidence
Don't let your employer or their insurance company undervalue your claim. Our expert personal injury attorneys can level the playing field, ensuring you receive the total compensation you deserve under the law.
Seek Legal Help for Your Construction Accident
At the Porter Law Group, we specialize in New York construction accident cases. Our experienced attorneys have a deep understanding of New York labor laws and the skill to build a compelling case on your behalf.
We offer free, personalized consultations, and you won’t pay a cent unless we win your case. Contact us today at 833-PORTER9 or email us at info@porterlawteam.com to schedule your free case evaluation.
