Injured in a NYC Construction Accident? Here Is What the Law Gives You

If you were hurt in a construction accident on a New York job site, you already have more legal protection than most injured workers realize. New York’s Labor Law was written specifically for people in your situation — and it places real obligations on property owners and general contractors, not just on the workers themselves.

What Makes a Construction Accident Claim Different in New York

Most personal-injury cases require you to prove that someone was careless. A construction accident claim under New York Labor Law can work differently.

Labor Law § 240(1) — sometimes called the Scaffold Law — requires owners and contractors to provide proper protection against falls from heights and falling objects. If that protection was missing or inadequate, the law holds the owner and contractor responsible regardless of whether a worker also made a mistake. The New York Court of Appeals described the statute’s purpose clearly: it was designed to place the burden of safe equipment on the parties who control the worksite, not on the workers who depend on it.

Red flag: If someone at the site told you the accident was your own fault, that statement does not end your claim. Under § 240(1), comparative negligence — meaning your own partial fault — is not a defense in many scaffold and fall cases. An attorney can tell you whether that protection applies to your specific situation.

Labor Law § 241(6) covers a broader range of construction site injuries, including those caused by unsafe site conditions, defective equipment, or violations of the state’s Industrial Code. Labor Law § 200 covers the general duty to maintain a reasonably safe worksite.

Together, these three statutes create a legal framework that does not exist in most other states.

Who Can Be Held Responsible After a Construction Accident

You may have claims against more than one party. New York courts have recognized that responsibility can extend to:

• The property owner, even if the owner did not direct your work
• The general contractor on the project
• A subcontractor whose work created the unsafe condition
• Equipment manufacturers, if a defective tool or machine caused the injury

In cases decided under § 240(1), courts have found liability where a scaffold collapsed, where a worker fell through an unprotected opening, and where an unsecured load fell from above. The common thread is that the required safety device — a proper scaffold, a guardrail, a secured load — was absent or failed to do its job.

The New York Court of Appeals held in Runner v. NYSE, 13 N.Y.3d 599 (2009), that the focus of § 240(1) is whether the risk involved a significant elevation differential and whether the protective device provided adequate protection — not simply whether the worker was on a ladder or scaffold at the time.

What to Do After a Construction Accident on a New York Job Site

The steps you take in the days after an injury can affect what evidence is available later. Here is what matters most.

Report the accident in writing. Tell your supervisor and document it. If there is an incident report, ask for a copy.

Get medical care and keep every record. Your medical records connect your injury to the accident. Gaps in treatment can be used against you later.

Photograph the scene if you can. The condition of a scaffold, a floor opening, or a piece of equipment can change quickly after an incident. Images taken close to the time of the accident carry more weight.

Do not give a recorded statement to an insurance company without speaking to an attorney first. Insurance adjusters work for the insurer, not for you.

Important: New York’s statute of limitations — the deadline to file a lawsuit — is generally three years from the date of injury for Labor Law claims against private parties, and can be as short as one year and 90 days for claims against a city or municipal entity. Missing that deadline can bar your claim entirely. The sooner you speak with an attorney, the more time there is to preserve evidence and meet these deadlines.

How Amparo Law Firm PLLC Approaches Construction Accident Cases

At Amparo Law Firm PLLC, we concentrate our practice on New York construction accident claims, alongside auto-accident personal injury and premises liability. Bob Amirian, Esq., the firm’s founding partner, reviews every case personally.

We start by looking at the specific conditions of your accident — the type of work, the equipment involved, who controlled the site, and which sections of the Labor Law apply. From there, we identify every party that may bear responsibility and work to preserve the evidence that supports your claim.

We handle these cases on a contingency basis, meaning you pay no attorney’s fees unless we recover compensation for you.

Request a Free Case Evaluation

If you or someone in your family was injured in a construction accident in New York, you can contact Amparo Law Firm PLLC to request a free case evaluation. There is no obligation, and no attorney-client relationship is formed by reaching out.

You can call us, use the contact form on this site, or send an email. Bob Amirian will review the details of your situation and explain what options may be available to you under New York law.

Attorney Advertising. Responsible attorney: Bob Amirian, Esq., Amparo Law Firm PLLC, 40 Wall Street, 28th Floor, New York, NY 10005. Prior results do not guarantee a similar outcome. Contacting us does not create an attorney-client relationship.