NY Construction Accident Practice

NYC Construction Accident Lawyers: the Labor Law explained, and what to do next.

New York’s Labor Law gives injured construction workers the strongest protections in the country — Sections §240, §241(6), and §200. Most workers don’t know they exist. We focus our construction practice on these statutes, every accident type they cover, and the trades most exposed to them.

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Why our construction cases are read differently.

Most plaintiff’s firms read a construction case after the accident. We have a developer in the room before we file.

Our Chief Operating Officer, Jordan Sakni, runs an active NYC real estate development company. He has signed general contractor contracts, sat in OAC meetings, supervised subcontractors, read daily logs in real time, and watched safety budgets get negotiated under schedule pressure. When Amparo evaluates a construction case, that operational lens is the second pair of eyes on the file — and it changes what we ask, what we discover, and how we frame the story for a jury.

Our managing attorney, Bob Amirian, clerked on the U.S. Court of Appeals for the Federal Circuit and trained at Venable LLP. The combination — federal-court legal craft and developer-side operational insight — is the firm’s defining difference, and it runs through every construction file we open.

The NY Labor Law, in plain English.

Three sections of the New York Labor Law create most of the recovery rights for construction workers injured on job sites. Each addresses a different category of risk.

 
Labor Law §240(1) · The "Scaffold Law"

Gravity-related risks: falls, falling objects.

Section 240(1) imposes absolute liability on owners and general contractors for elevation-related injuries — falls from heights, falling objects, scaffold collapses, ladder accidents, and similar gravity-related risks. If the proper safety devices weren't provided or weren't functioning, the worker's own conduct generally cannot defeat the claim.

Labor Law §241(6) · Industrial Code

Specific safety standards — and a path to comparative fault.

Section 241(6) requires owners and contractors to comply with specific safety regulations promulgated under the New York Industrial Code (12 NYCRR Part 23). Unlike §240, comparative fault applies — but the claim does not require proof of negligence in the traditional sense. The plaintiff must identify a concrete Industrial Code provision the defendant violated.

Labor Law §200 · Common-Law Negligence

The general duty to provide a safe workplace.

Section 200 codifies the common-law duty of owners and contractors to provide construction workers with a safe place to work. It applies to dangerous conditions on the premises and to the means and methods of work — but, unlike §240, it requires proof of actual or constructive notice and authority to control.

Why a workers’ comp claim is not the end of the story

Most injured construction workers think their case is “just” a workers’ compensation claim. It usually isn’t.

Workers’ compensation is a no-fault system that pays for medical care and a portion of lost wages, regardless of who was at fault. You cannot generally sue your direct employer for additional damages — that’s the trade-off.

But on a construction site, you typically have multiple potential defendants who are not your direct employer: the property owner, the general contractor, equipment lessors, manufacturers. Those are third parties — and you can pursue a separate Labor Law / negligence case against them while your workers’ compensation claim runs in parallel.

The third-party case is where the real recovery often is. Workers’ comp pays for medical bills and a fraction of your wages. A third-party Labor Law case can recover full lost earnings (including future earning capacity), pain and suffering, and damages for the long-term consequences of the injury.

If a lawyer or representative tells you that workers’ compensation is your only remedy without first asking who owned the site and who the GC was — that lawyer is wrong, or not paying attention. Both happen often.

Frequently asked questions.

I'm undocumented. Can I still bring a construction injury case?

Yes. Your immigration status does not stop you from bringing an injury claim in New York. Undocumented workers can seek compensation for their injuries, their medical bills, and, in general, their lost wages. What you tell your lawyer is confidential. We speak with you in English, Spanish, or Farsi.

Nothing up front and nothing unless we recover for you. We work on a contingency fee — generally one-third of the recovery, with the specific terms in a written engagement letter you sign before we represent you. No hidden fees. No charges for the consultation.

New York law prohibits an employer from retaliating against you for filing a workers’ compensation claim or pursuing a personal injury case. If retaliation happens, that itself becomes a separate legal claim. In practice, most cases are against the property owner and general contractor — not your direct employer.

For most construction injury claims in New York, you have three years from the date of the accident to file a personal injury case. For wrongful death cases, two years. Cases against public entities (NYCHA, MTA, NYC DOT) require a Notice of Claim within 90 days — that deadline is hard, and missing it can end the case. If your accident may have involved a public project, call a lawyer immediately.

Yes. Workers’ compensation is required to pay for medical treatment for work-related injuries. If your employer’s comp carrier denies treatment, we can help. If you don’t have a comp claim — or are uncertain about it — there are NYC clinics and providers who treat injured construction workers and accept liens on the eventual recovery.

Get a free, confidential consultation today

Call (646) 567-2726 or fill out the form. We respond within hours, in English or Spanish.