Construction site injuries, Manhattan to Long Island
New York's Labor Law gives injured construction workers claims against owners and contractors, not just workers' compensation. Which law applies depends on how the accident happened.
We represent workers from the West Village to Uniondale, and across the five boroughs and Long Island.
Start with what happened
Fell from a scaffold, ladder, roof or opening
Scaffolding and fall injuriesStruck by a load, or a crane failed
Crane accidentsA wall, floor or structure gave way
Building collapseHit by a forklift or other machine
Forklift accidentsThe three Labor Law claims
None of these is automatic. The Court of Appeals has said Labor Law 240(1)'s “special hazards” are limited to specific gravity-related accidents such as falling from a height or being struck by a falling object (Ross v Curtis-Palmer, 1993).
Where 240(1) applies and its violation is a proximate cause, the worker's own negligence is not a defense; with no violation and the worker as the sole proximate cause, there is no liability (Blake, 2003). Owners of one- and two-family dwellings who do not direct or control the work are excepted from 240(1) and 241(6).
Beyond workers' comp
Workers' compensation generally covers your own employer. Labor Law 240(1) and 241(6) claims run against owners and general contractors (and their agents), and negligence claims can reach other subcontractors, equipment owners and manufacturers. Compensation and a lawsuit can proceed together; the carrier is repaid from the recovery. The forklift accidents page sets out how the two claims fit together.
Where we work
Manhattan work often happens on tight lots beside occupied buildings — new infill in Greenwich Village and the West Village, facade and roof work, sidewalk sheds over busy streets. We represent workers on those jobs and on projects across Brooklyn, Queens, the Bronx and Staten Island.
On Long Island, our Uniondale office handles cases for workers hurt on commercial, school and residential projects in Nassau and Suffolk Counties. If the owner is a school district or other public entity, check the entity-specific notice rules in our guide to claims against public entities before relying on an ordinary deadline.
Local pages: Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, Long Island and Uniondale.
Deadlines
Construction results
These are the firm's published construction and work accident results. The descriptions do not identify the borough or county of each site.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
See the full verdicts and settlements archive$8,000,000
Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation.
$750,000
Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.
$1,157,000
Plaintiff injured at worksite sustaining traumatic tear of the left biceps tendon with tendon retraction which required surgery.
Questions
No. Labor Law 240(1) covers specific gravity-related hazards, such as falling from a height or being struck by a falling object, during covered work like erecting, demolishing, repairing, altering, painting or cleaning a building or structure. The worker must show the required protection was missing or inadequate and that this was a proximate cause of the injury. When that is shown, the worker's own carelessness is not a defense; when there was no violation and the worker's conduct was the sole proximate cause, there is no 240(1) liability (Blake, 2003).
A violation of a specific, concrete rule in the State Industrial Code, not just a general safety standard, that was a proximate cause of the injury. In Ross v Curtis-Palmer Hydro-Electric Co. (1993), the Court of Appeals held that general terms such as "adequate," "effective" and "proper" are not enough.
Labor Law 200 restates the general duty to provide reasonable and adequate protection to workers. It usually applies against an owner or contractor that controlled the work methods or created or knew about a dangerous condition at the site.
Usually not your own employer, but often others. Workers' compensation generally covers the employer, while a separate lawsuit may be brought against the property owner, general contractor or another subcontractor. The compensation carrier has a lien on that recovery for the benefits it paid. Our forklift page explains how the two claims interact.
Owners of one- and two-family dwellings who contract for work but do not direct or control it are excepted from Labor Law 240(1) and 241(6). Contractors on those jobs are still covered.
Most construction injury lawsuits must be started within three years (CPLR 214). If the owner is a city, county, town, village, fire district or school district, a notice of claim is generally due within 90 days and the lawsuit within one year and 90 days (General Municipal Law 50-e and 50-i). Notify your employer in writing within 30 days for compensation. A wrongful death action must generally be commenced within two years of death.
Get medical care and report the injury to your employer in writing. If you can, photograph the area, the ladder, scaffold or equipment involved, and write down the general contractor, the subcontractors and witnesses. Keep your union or payroll records. Do not sign statements for an insurer before speaking with a lawyer.
Yes. We represent construction workers injured throughout Manhattan, including the West Village and Greenwich Village, the other four boroughs, Nassau and Suffolk Counties from our Uniondale office, and New Jersey.
Tell us the site address, what work you were doing and how you were hurt. We will explain which Labor Law claim fits, who it runs against and the deadline that applies. The consultation is free.
What to bring
Photo credits: Sidewalk shed crew by Jim.henderson, CC BY-SA 4.0, cropped and resized; Greenwich Village construction by Jim.henderson, CC BY-SA 4.0, cropped and resized.
