Construction Lawsuit Settlements in New York

New York Labor Law §240 (the Scaffold Law) imposes absolute liability on property owners and general contractors for elevation-related injuries—falls from scaffolds, ladders, or falling objects. Labor Law §241(6) requires compliance with specific Industrial Code safety rules, and §200 codifies the common-law duty to maintain a reasonably safe worksite. These statutes make New York construction cases far stronger for injured workers than in most other states.

Settlement values in New York construction cases vary widely based on injury severity, lost wages, future medical costs, and liability clarity. Cases involving permanent disability, spinal injuries, or traumatic brain injury typically command higher settlements than soft-tissue claims. Because NY Labor Law §240 creates absolute liability, defendants often settle to avoid a jury verdict—no specific amount can be guaranteed, but the absolute-liability standard gives plaintiffs significant leverage.

Yes. New York Labor Law protects all workers regardless of immigration or documentation status. Courts have held that undocumented workers are entitled to the same protections under §240, §241(6), and §200 as any other employee. An employer or property owner cannot use a worker’s immigration status as a defense to liability or as a basis to reduce damages.

Most construction accident personal injury claims in New York must be filed within three years of the injury date under CPLR §214. However, if a government entity (city, state, or public authority) owns the property, a Notice of Claim must be filed within 90 days of the accident and the lawsuit within one year and 90 days. Missing these deadlines can permanently bar your claim, so acting quickly is critical.