Construction Injury Lawsuits in New York

New York Labor Law §240, known as the Scaffold Law, imposes absolute liability on property owners and general contractors when a worker is injured by a fall from height or by a falling object on a construction site. Unlike most states, New York does not allow these defendants to reduce their liability by arguing the worker was partially at fault. This means an injured worker who files a construction injury lawsuit under §240 can recover full compensation even if they contributed to the accident.

Labor Law §241(6) covers a broader range of construction site injuries beyond falls, requiring owners and contractors to comply with specific Industrial Code safety regulations. Common violations that support a §241(6) claim include failure to provide adequate lighting, improper disposal of debris, inadequate protection from power tools, and failure to maintain safe walkways. Unlike §240, §241(6) claims can be reduced by comparative fault, but they remain a powerful tool for injured workers in New York.

Yes. New York law does not make immigration status a bar to filing a construction injury lawsuit or recovering compensation. Courts have consistently held that undocumented workers are entitled to the same protections under Labor Law §240, §241(6), and §200 as any other worker. An undocumented construction worker cannot be deported or threatened with immigration consequences simply for pursuing a personal injury claim.

The standard statute of limitations for a personal injury lawsuit in New York is three years from the date of the accident. However, if your construction injury claim is against a city agency or municipality — for example, a New York City project — you must file a Notice of Claim within 90 days of the injury. Missing these deadlines can permanently bar your claim, so it is critical to consult an attorney as soon as possible after a construction accident.