Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What makes NY Labor Law §240 so powerful in fatal Bronx construction fall cases?
New York’s Scaffold Law (Labor Law §240) imposes absolute liability on property owners and general contractors when a worker is injured or killed by a gravity-related hazard — a fall from height or a falling object. Unlike most states, New York does not allow the defendant to reduce liability by arguing the worker was partly at fault. This absolute liability rule makes §240 the strongest construction death statute in the country.
Who can file a lawsuit after a fatal construction fall in the Bronx?
The decedent’s estate brings a wrongful death claim under EPTL §5-4.1, and qualifying distributees — typically a spouse, children, or parents — may also assert a conscious pain-and-suffering claim if the worker survived even briefly after the fall. Under NY Labor Law, immigration status is explicitly irrelevant; undocumented workers and their families have the same rights as any other claimant.
Who is liable when a construction worker falls to their death on a Bronx job site?
Liability under §240 attaches to the property owner and the general contractor — even if a subcontractor employed the worker. Equipment manufacturers may face separate product liability claims if a defective ladder, scaffold, harness, or fall-arrest system contributed to the fall. The Bronx DA’s office may also open a criminal investigation, but the civil and criminal tracks are independent.
How long does a family have to sue after a fatal construction fall in New York?
New York’s wrongful death statute (EPTL §5-4.1) sets a two-year deadline from the date of death for the wrongful death claim; the related personal injury claim for conscious pain and suffering has a three-year limitations period under CPLR §214. Missing either deadline bars recovery entirely, so families should consult a NY Labor Law attorney as soon as possible after a fatal accident.