Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the Scaffold Law and how does it protect injured construction workers 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 gravity-related accident — such as a fall from scaffolding, a ladder, or a roof, or when an object falls and strikes a worker. Unlike most states, New York does not allow owners or contractors to apportion fault to the injured worker, making it one of the strongest construction worker protections in the country. If your employer or a site owner failed to provide proper fall protection, you may have a strong claim under §240 regardless of any alleged contributory negligence.
Who can file a construction injury claim in New York City?
Any worker injured on a New York construction site may be entitled to file a claim, including union and non-union employees, subcontractor workers, day laborers, and undocumented immigrants. New York law does not permit employers or contractors to use a worker's immigration status as a defense against a Labor Law claim. Both workers’ compensation and a personal injury lawsuit against liable third parties (such as the property owner or general contractor) may be available depending on the facts.
What is the deadline to file a construction accident lawsuit in New York?
In New York, the statute of limitations for a personal injury claim arising from a construction accident is generally three years from the date of injury under CPLR §214. However, if your claim is against a municipality or government entity — such as the City of New York — you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be commenced within one year and 90 days. Missing these deadlines can permanently bar your right to recover, so prompt legal consultation is critical.
What compensation can I recover after a construction accident in NYC?
A successful construction injury claim in New York can recover damages including past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, and permanent disability. Under Labor Law §240 and §241(6), liability is imposed on owners and contractors rather than the injured worker, which often results in substantially higher recoveries than a standard negligence case. Workers’ compensation benefits may also be available simultaneously, though an attorney can help coordinate those claims to maximize your total recovery.