Reviewed by Laurence P. Banville, Esq.Workers’ compensation covers construction accidents regardless of fault
New York requires virtually all employers to carry workers’ compensation insurance. If you are injured on a construction site — whether you fell from scaffolding, were struck by falling material, or suffered a crush injury — you are entitled to benefits without having to prove anyone was negligent. Benefits include authorized medical treatment and approximately two-thirds of your average weekly wage while you cannot work, up to the applicable state maximum.
There is no deduction for comparative fault under workers’ comp. Even if a supervisor insists the accident was partly your fault, that does not disqualify you. The system is no-fault by design, which is especially important in fast-moving construction environments where accidents often involve multiple parties.
New York Labor Law §240(1) — the “Scaffold Law”
Construction accidents in New York often support a second, entirely separate legal claim under the Labor Law §240(1), commonly called the “Scaffold Law.” This statute imposes absolute liability on property owners and general contractors when a worker suffers a gravity-related injury caused by an inadequate scaffold, ladder, hoist, or similar protective device. “Absolute” means you do not need to prove the owner or general contractor was ordinarily negligent — the duty is imposed by the statute itself.
A §240(1) claim is a personal-injury lawsuit, not a comp claim. That means you can recover damages for pain and suffering, loss of enjoyment of life, and full lost earnings — categories that workers’ compensation does not pay.
New York Labor Law §241(6) — broader site safety violations
Labor Law §241(6) extends owner and general contractor liability to construction injuries caused by violations of specific safety regulations in the New York Industrial Code. Unlike §240(1), it is not limited to gravity or height accidents; it can cover injuries from improper materials handling, unsafe flooring, inadequate lighting, and many other hazardous conditions. To prevail under §241(6) you must identify the specific Industrial Code regulation that was violated — an attorney familiar with construction litigation does this routinely.
The dual-recovery advantage: workers’ comp and a lawsuit
When both a workers’ comp claim and a Labor Law lawsuit arise from the same accident, you can pursue them at the same time. Your employer’s comp carrier will assert a lien on any third-party recovery — meaning part of the lawsuit proceeds repays benefits already paid — but in a serious construction injury the net proceeds from a lawsuit frequently exceed what workers’ comp alone provides, because pain and suffering can only be recovered through the lawsuit.
Coordinating both claims properly is essential. The timing of settlements, the comp lien negotiation, and the interplay between the two carriers all affect your net result. An attorney with experience in both New York workers’ comp and Labor Law litigation is best positioned to maximize the combined recovery.
Undocumented construction workers are covered
New York workers’ compensation law does not condition benefits on immigration status. Undocumented workers injured on a construction site have the same right to file a comp claim and to bring a Labor Law lawsuit as any other worker. Your employer cannot lawfully use immigration status as a reason to deny or delay benefits. If you are afraid to come forward, know that the comp system — and the courts — protect injured workers regardless of documentation.
Frequently asked questions
Does workers’ comp cover construction accidents in New York?
Yes. New York workers’ compensation covers virtually all on-the-job construction injuries regardless of fault — you do not need to prove anyone was negligent. Benefits include medical treatment and approximately two-thirds of your average weekly wage while you are unable to work. Even if a supervisor claims the accident was partly your fault, that does not disqualify you.
Can a construction worker sue beyond workers’ comp in New York?
Yes, and this is a critical advantage that construction workers have over most other injured employees. New York Labor Law §240(1) and §241(6) allow injured construction workers to sue property owners and general contractors for pain and suffering, full lost wages, and other damages that workers’ comp does not cover. These claims can be pursued at the same time as the comp claim.
What is Labor Law 240 and why does it matter for construction workers?
Labor Law §240(1) — the “Scaffold Law” — imposes absolute liability on property owners and general contractors when a construction worker is injured by a gravity-related hazard such as a fall from a ladder, scaffold, or roof, or being struck by a falling object. Absolute liability means the plaintiff does not need to prove ordinary negligence; the statute alone creates the duty. It is one of the strongest worker-protection statutes in the country and is unique to New York.
Are undocumented construction workers covered by workers’ comp in New York?
Yes. New York workers’ compensation law does not require a worker to have immigration status to receive benefits. Undocumented workers have the same right to file a comp claim and to bring a Labor Law lawsuit as any documented employee. Your employer cannot lawfully deny or delay benefits because of your immigration status.
Should I file a workers’ comp claim or a lawsuit after a construction accident?
In most serious construction accidents in New York, the answer is both. Workers’ comp provides immediate medical coverage and wage replacement without a lawsuit, while a Labor Law lawsuit under §240(1) or §241(6) can recover pain and suffering and full lost earnings that comp does not pay. An attorney coordinates the two claims, handles the comp lien, and ensures that pursuing one does not inadvertently undermine the other.