Skip to main content

Work and construction injuries · Manhattan

Manhattan Construction Accident & Work Injury Lawyers

A Manhattan site can have an owner, a tenant, a construction manager and a dozen trades. You generally cannot sue your own employer, but the law can reach several of the others.

Over 40 years of experience. Free consultation; no fee unless there is a recovery.

(516) 227-2662
A concrete-frame apartment building under construction in Manhattan, with orange safety netting and a hoist tower.

Start here

Who was on the job, and what can reach them

Each party's exposure depends on its role: the owner's Labor Law duties do not depend on supervising the work, while a Labor Law 200 or negligence claim needs control of the work, or that the party created the hazard or had actual or constructive notice of it. Here is how the usual cast of a Manhattan job lines up.

The building owner
What can reach themLabor Law 240(1) and 241(6) duties for covered work, when a violation causes the injury; Labor Law 200 and negligence if it controlled the work, created the hazard, or had actual or constructive notice of it.
A tenant or condo board that hired the work
What can reach themIts exposure depends on the lease, the contract and its role in the work; we check both early.
The general contractor or construction manager
What can reach themLabor Law duties as a contractor, or as the owner's agent where it had authority over the work.
Another subcontractor
What can reach themNegligence; and possibly Labor Law duties as an agent of the owner or contractor if it had authority over the work that caused the injury.
The sidewalk-shed or scaffold contractor
What can reach themNegligence in erecting or maintaining the structure; see scaffolding injuries.
A hoist or crane company
What can reach themNegligent operation or maintenance; see crane accidents.
The maker of a tool or machine
What can reach themA design or manufacturing defect, or a missing warning.
Your own employer
What can reach themNot usually: compensation is the remedy (WCL 11).

A structure gave way? See building collapse. Looking for an office? See construction accident lawyer near me.

The Labor Law in brief

Three sections, each with conditions

Labor Law 240(1)
Falls from height and falling objects during erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure. A violation must cause the injury; with no violation and the worker's own conduct the sole proximate cause, there is no liability (Blake). Owners of one- and two-family homes who contract for but do not direct or control the work may be exempt (text); the exemption turns on the property's use and the work's purpose, not only its structure (Bartoo).
Labor Law 241(6)
Construction, excavation and demolition. The claim needs a specific State Industrial Code rule that was violated and caused the injury, not a general safety standard (Ross).
Labor Law 200
The general duty of care. For how the work was done, it reaches whoever had authority to control those methods; for a dangerous site condition, an owner or contractor that created it or had actual or constructive notice of it (text).

The full explanation is on our construction accidents page. Deadlines: generally three years against a private owner; a public owner such as the City, the School Construction Authority, the MTA or the Port Authority sets a much shorter first step. Our Bronx and Staten Island pages cover the owners common there.

Compensation and the lawsuit

How the two claims fit together

Your employer
Compensation is generally your only remedy against your own employer and a co-worker (WCL 11, WCL 29(6)). The exception: an employer that failed to carry compensation coverage can be sued, so we check.
Everyone else
You can collect compensation and also sue a party that is not your employer if it is legally responsible: through negligence, a Labor Law violation or a defective product. Notice of the lawsuit goes to the carrier within 30 days.
The lien
The compensation carrier usually has a lien on part of the recovery, after the costs of getting it. Statutory exceptions apply, for example no lien on certain motor-vehicle recoveries for benefits paid in place of no-fault benefits (WCL 29(1-a)). Future benefits can generally be credited against your net recovery.
Settling
A settlement for less than the compensation provided needs the carrier's written consent or a court order (WCL 29(5)). We seek one or the other before any settlement.
Grave injury and indemnity
A company you sue can seek common-law contribution or indemnity from your employer only if you suffered a grave injury. Separately, it may enforce a written indemnity agreement made before the accident in which your employer expressly agreed to indemnify it. Both are claims between the companies. Neither lets you sue your employer.

Our work is the injury lawsuit against people and companies other than your employer, on a contingency fee: no fee unless there is a recovery. At the consultation we explain how it fits with your compensation claim, where representation is optional and fees are set by the Board (WCB).

Federal OSHA reports and citations can be evidence; they do not decide a lawsuit. More on the two tracks: our work accidents guide.

After the injury

Care, notice and where the case is heard

  • Care first. Tell every doctor the injury happened at work.
  • Written notice. To your employer within 30 days (WCL 18).
  • The signs. Photograph the permit and contractor signs on the fence or shed.
  • The trades. Write down which companies were working in your area.

Where the case is heard. New York County's Supreme Court, Civil Term is at 60 Centre Street. A lawsuit is generally filed in a county where one of the parties lived when it started, or where a substantial part of the events happened (CPLR 503), so it may be heard in another county. We confirm it at the start.

Bellevue Hospital Center on First Avenue in Manhattan, with red autumn trees in front.
  • NYC Health + Hospitals/BellevueLevel I
  • NewYork-Presbyterian/Weill CornellLevel I
  • NYC Health + Hospitals/HarlemLevel II
  • Mount Sinai MorningsideLevel II

Adult trauma designations from the New York State Department of Health. Listed for orientation, not as a recommendation or ranking; in an emergency, call 911.

Published results

Construction and work injury results

Quoted exactly as recorded. These are firm-wide results from work injuries; none names a county or the law the claim was brought under, and they are not predictions. Over 40 years, the firm has recovered more than $100 million for clients.

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

    $8 Million Dollar Settlement — 2nd Department

    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.

  • $1,157,000

    $1,157,000 Award

    Plaintiff injured at worksite sustaining traumatic tear of the left biceps tendon with tendon retraction which required surgery.

  • $750,000

    $750,000 Settlement

    Plaintiff injured when telephone pole struck him causing a traumatic brain injury and shoulder injury requiring surgery.

Many companies on your site?

We sort out who controlled the work, and which law reaches them.

(516) 227-2662

Questions

Frequently Asked Questions About Manhattan Work Accidents

Offices

Where to meet us

  • Uniondale (main office)

    Convenient for Nassau and Suffolk counties

    423 RXR Plaza, East Tower, Uniondale, NY 11556(516) 227-2662

  • Brooklyn

    Convenient for Brooklyn and Staten Island

    3857 Kings Highway, #1f, Brooklyn, NY 11234(718) 710-4880

  • Corona (Queens)

    Convenient for Queens and the Bronx

    100-17 Northern Boulevard, Corona, NY 11368

  • Teaneck (New Jersey)

    Convenient for New Jersey

    696 Palisade Avenue, Teaneck, NJ 07666

Injured on a Manhattan job? Tell us who was on the site

Tell us the address, your trade and your employer. We will identify the owner, the contractors and the first deadline. Free consultation; no fee unless there is a recovery.

(516) 227-2662

What to bring

  • Site address and permit or shed sign photo
  • Your employer and the general contractor
  • Photos of the device or hazard
  • Medical records and your written notice

Photo credits: Apartment building under construction, 54th Street and Ninth Avenue by Jim.henderson, CC BY-SA 4.0, cropped and resized; Bellevue Hospital by ajay_suresh, CC BY 2.0, cropped and resized.