Depending on your case, you may recover compensation for medical bills, lost wages, pain and suffering, and more through workers’ compensation, third-party claims, or both.

Under New York law, workers’ compensation claims must be filed within two years, while third-party personal injury claims generally have a three-year statute of limitations.

Liability may fall on the property owner, general contractor, subcontractor, equipment manufacturer, or another negligent third party. New York’s Labor Laws, including Sections 200, 240, and 241, often hold these entities accountable for worker injuries.

Typically, workers’ compensation laws prevent employees from suing their direct employer, but you may file a claim against negligent third parties like contractors, site owners, or equipment manufacturers.

However, these benefits may be wholly inadequate. The payments will diminish as time goes on and will ultimately be cut off. In addition, the reimbursement of lost wages is far less than what the salary of the worker was before the accident happened.

Yes. In New York, injured construction workers can bring a lawsuit against a property owner or other negligent parties. To prevail in a legal claim, a construction worker’s lawyer must prove that the accident occurred because of a violation of one of New York’s construction site safety laws. Here are three key state laws that apply to your construction site accident:

• New York Labor Law Section 240(1): Known as the ‘Scaffolding Law’, Labor Law 240(1) allows construction workers to hold property owners completely responsible for any falls from heights that occurred because of inadequate safety practices. This includes bodily injuries sustained either falling yourself, or being struck by falling objects/debris/construction material.
• New York Labor Law Section 241(6): Under Labor Law 241(6), an injured construction worker can sue for specific violations of New York’s Industrial Code.
• New York Labor Law Section 200: Labor Law 200 allows construction workers to sue defendants that fail to take reasonable safety precautions at worksites.

There are often multiple defendants in a New York construction site lawsuit. Landowners, developers, and other related parties can be held 100% responsible for injured workers.

This is especially true if OSHA rules and New York City Rules and Regulations (NYCRR) are violated. While the type and existence of multiple defendants can serve to complicate New York construction accident cases, they can also make them worth a lot of money when handled by a skilled injury lawyer.

Click here to learn how to file an accident report.

Many undocumented workers injured at construction sites are afraid to bring a claim. However, your undocumented status cannot be considered in determining whether you are entitled to file for workers' compensation or a personal injury lawsuit.

If you are an undocumented worker and are injured, you have exactly the same rights as other New York City workers AND your status is protected and cannot be reported to authorities.

Call now for a free, confidential consultation with our winning team of construction accident attorneys in New York.

Click here to learn about undocumented workers' rights.