Reviewed by Laurence P. Banville, Esq.What to do first: two comp deadlines
Get medical care, then tell your employer in writing. Under Workers’ Compensation Law §18 you must give written notice within 30 days of the accident. Then file your own claim, Form C-3, with the New York State Workers’ Compensation Board. WCL §28 gives you two years from the accident to file.
Workers’ comp: no-fault, but no pain and suffering
Comp pays whether or not anyone was careless, including you. It covers medical treatment and lost-wage benefits (generally two-thirds of your average weekly wage, up to a state maximum), but never pain and suffering.
In exchange, WCL §11 and WCL §29 make comp your exclusive remedy against your employer and your co-workers. You can’t file a negligence suit against them for the fall. The main exception is an employer that failed to carry comp coverage. Section 11 also lets a third party you sue bring your employer into the case for contribution, but only if you suffered a “grave injury” as the statute defines it (such as an amputation, paraplegia, or a brain injury causing permanent total disability) or the employer agreed in a written contract to indemnify that party.
Third-party lawsuits: where pain and suffering comes from
Depending on the facts, these parties may be responsible:
- The building owner or landlord where you were sent to work, if it created the hazard or knew or should have known about it and didn’t fix it.
- A general contractor or another subcontractor that left debris, cords or spilled material in your path.
- A cleaning or snow-removal contractor. New York limits when a contractor owes a duty to people outside its contract (Espinal v. Melville Snow Contractors), so these claims depend on what the contractor agreed to do. For falls on ice specifically, see our slipped on ice at work page.
- A manufacturer of a defective ladder, mat or flooring product, under product-liability law.
Most of these claims must be filed within three years of the fall under CPLR §214(5). If the property belongs to a city, county or public authority, the clock is much shorter: a notice of claim within 90 days under General Municipal Law §50-e, and suit within one year and 90 days under GML §50-i. Your own share of fault reduces a third-party award rather than barring it, under CPLR §1411.
Construction sites: Labor Law §241(6) and §200
Labor Law §241(6) puts a duty on owners and contractors that they can’t hand off to someone else, but the claim has to rest on a specific Industrial Code rule that was violated (Ross v. Curtis-Palmer Hydro-Electric Co.). For falls, the two rules that come up most are:
- 12 NYCRR 23-1.7(d), slipping hazards: floors, passageways, walkways, scaffolds and platforms must be kept free of ice, snow, water, grease and other substances that make footing slippery.
- 12 NYCRR 23-1.7(e), tripping hazards: passageways and working areas must be kept free of accumulated dirt and debris and scattered tools and materials. Courts don’t apply this rule to debris that is an integral part of the work being done.
Labor Law §200 adds the common-law duty to provide a reasonably safe workplace. For a dangerous floor condition, an owner or contractor is liable if it created the condition or had actual or constructive notice of it.
A slip or trip on a level floor is not a Labor Law §240(1) “scaffold law” case. Section 240(1) covers elevation-related hazards, such as falling from a height or being struck by a falling object. Falls from ladders or scaffolds are covered on our construction accident page.
The comp lien: why both claims have to be coordinated
If you recover from a third party, the comp carrier gets a lien under WCL §29 for the benefits it has paid. Section 29 also requires the carrier’s written consent, or a court order, before you settle a third-party case. Settle without it and you can lose your future comp benefits. Our page on getting workers’ comp and a lawsuit explains how they interact.
How Banville Law helps
Banville Law reviews workplace fall cases and refers or co-counsels them with New York trial attorneys who handle third-party and Labor Law litigation. Tell us where you fell and who controlled the site, and we’ll tell you plainly whether a third-party claim is worth pursuing alongside comp.
Frequently asked questions
Can you sue in New York if you slip and fall at work?
Not your employer, in most cases. Workers’ Compensation Law §11 and §29 make comp the exclusive remedy against your employer and co-workers. You can sue a third party whose negligence caused the fall, such as a property owner, contractor or product manufacturer, and keep your comp benefits while you do.
What should I do right after a slip and fall on the job?
Get medical care, then give your employer written notice within 30 days, as Workers’ Compensation Law §18 requires. File your own Form C-3 with the Workers’ Compensation Board; WCL §28 gives you two years from the accident. Photograph the hazard and note the names of witnesses while you still can.
Can I sue my employer for a fall at work?
Generally no. Comp is no-fault and pays medical care and lost-wage benefits, but in exchange you give up a negligence suit against your employer. The main exception is an employer with no comp coverage. A third party you sue can bring your employer in for contribution only after a “grave injury” as defined in WCL §11, or under a written indemnity contract.
Who else can I sue for a workplace fall?
Anyone other than your employer and co-workers whose negligence caused it. That can include the building owner or landlord, a general contractor, another subcontractor, a cleaning or snow-removal contractor, or the maker of a defective ladder or flooring product. Most of these claims carry a three-year deadline under CPLR §214(5), and much shorter notice rules apply to public property.
Do construction workers have extra rights after a slip or trip?
Yes. Labor Law §241(6) makes owners and contractors responsible for violations of specific Industrial Code rules, including 12 NYCRR 23-1.7(d) for slippery surfaces and 23-1.7(e) for tripping hazards like debris and scattered tools. Labor Law §200 adds a general safe-workplace duty. A slip on a level floor is not a Labor Law §240(1) case, which covers elevation-related falls.