Can I Sue if I Was Hurt While Working Construction in NYC

Construction work is among the most dangerous occupations in New York. Workers regularly face risks from heights, heavy machinery, falling objects, unstable structures, and unsafe work sites. When a construction accident happens, injured workers often assume that workers’ compensation is their only remedy. In reality, New York law provides several powerful additional legal protections that may allow injured construction workers to pursue lawsuits against property owners, general contractors, and third parties whose negligence contributed to the accident.

Whether you can sue depends on how the accident happened, who controlled the work site, and which safety laws were violated. New York Labor Law sections 200, 240(1), and 241(6) are particularly important, as they impose significant duties on owners and contractors to keep construction workers safe. In many cases, injured workers may also have valid third-party negligence claims beyond their workers’ compensation benefits.

At Leandros A. Vrionedes, P.C., we have a long history of representing construction workers injured throughout New York City in Manhattan, Brooklyn, Queens and the Bronx. Contact our office to discuss your situation with an experienced NYC construction accident lawyer and find out how we can help.

Workers’ Compensation Is Not Always the End of the Story

Workers’ compensation generally bars lawsuits against your direct employer, even if the employer was careless. However, it does not prevent lawsuits against other responsible parties, such as property owners, general contractors, construction managers, subcontractors, or equipment manufacturers. New York’s Labor Law was specifically designed to protect construction workers by placing responsibility on those who control job sites and profit from the work being performed.

If your injury was caused by unsafe conditions, improper supervision, or a failure to follow safety regulations, you may be entitled to compensation well beyond what workers’ compensation provides, including damages for pain and suffering, full lost wages, and long-term disability.

Labor Law § 240(1): The Scaffold Law

Labor Law § 240(1), commonly known as the Scaffold Law, offers some of the strongest worker protections in the country. It applies to gravity-related accidents, such as falls from heights or injuries caused by falling objects, where proper safety devices were not provided.

Under this statute, owners and general contractors have a non-delegable duty to furnish adequate safety equipment, including scaffolds, ladders, hoists, harnesses, and similar devices. If a worker is injured because those protections were missing, defective, or improperly placed, the owner or contractor may be held strictly liable. This means the worker does not need to prove negligence, and the worker’s own comparative fault generally cannot be used to reduce recovery.

Common Scaffold Law accidents include falls from ladders or scaffolds, collapses of temporary platforms, falls through unguarded openings, and injuries caused by unsecured tools or materials falling from above or rolling or sliding downward. With limited exceptions for certain one- and two-family homeowners, § 240(1) remains a cornerstone of construction worker safety in New York.

Labor Law § 241(6): Violations of Construction Safety Rules

Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection to workers and to comply with specific safety rules contained in the New York Industrial Code (12 NYCRR Part 23). Unlike the Scaffold Law, § 241(6) is not automatic; a claim must be based on the violation of a concrete, specific regulation rather than a general safety standard.

These claims often arise from unsafe flooring, inadequate guardrails, unprotected openings, poor lighting, unsafe demolition practices, or hazardous materials on a work site. While comparative negligence may apply under § 241(6), injured workers can still recover substantial damages if a regulatory violation contributed to the accident.

Because Industrial Code provisions are highly technical, these cases require careful legal analysis to identify which rules apply and how they were violated.

Labor Law § 200: General Workplace Safety and Negligence

Labor Law § 200 codifies the common-law duty to maintain a safe workplace. It applies in two primary situations: accidents caused by dangerous site conditions and accidents arising from unsafe means and methods of work.

When an injury is caused by a hazardous condition, such as debris, uneven surfaces, or defective equipment, liability depends on whether the owner or contractor had notice of the condition and failed to correct it. When the injury stems from the way the work was performed, liability generally requires proof that the owner or contractor had authority to supervise or control the work.

Unlike the Scaffold Law, § 200 claims are negligence-based and often involve fact-intensive disputes over control, notice, and responsibility.

Third-Party Negligence Claims in Construction Accidents

In addition to Labor Law claims, many construction accidents involve third-party negligence, which can open the door to additional compensation. These claims are especially important when Labor Law protections do not apply or when multiple parties share responsibility.

Common third-party defendants in construction accident cases include:

• Negligent subcontractors whose unsafe work created hazards
• Equipment or tool manufacturers that produced defective products
• Property owners who failed to address known dangers
• Negligent drivers who struck construction workers or equipment
• Vendors who supplied unsafe or malfunctioning materials

Third-party claims allow injured workers to seek damages that are unavailable through workers’ compensation, including pain and suffering and loss of enjoyment of life.

What Compensation May Be Available?

A successful construction accident lawsuit can provide compensation for far more than medical bills. Depending on the case, recoverable damages may include lost wages and diminished earning capacity, pain and suffering, permanent disability, disfigurement, and loss of consortium. In fatal accidents, surviving family members may pursue wrongful death claims for loss of financial support and companionship.

These damages are often critical for workers who suffer life-altering injuries that prevent them from returning to construction work.

Why Legal Guidance Matters After a Construction Injury in New York

Construction accident cases in New York are complex and heavily litigated. Owners and contractors aggressively defend these claims, often blaming workers or disputing which laws apply. Evidence can disappear quickly, witnesses’ memories fade, and strict notice and filing deadlines apply, particularly when public entities are involved. These cases are often won or lost on pre-trial motions for summary judgment, requiring a thorough grasp of the law and how it applies to the facts of the case.

An experienced construction accident attorney can investigate the site, identify responsible parties, preserve critical evidence, and determine which Labor Law provisions apply to your case so that your claim proceeds correctly and authoritatively.

Talk to an Experienced New York Construction Accident Lawyer

If you were hurt while working construction in NYC, you may have legal rights that extend far beyond workers’ compensation. New York’s Labor Laws were designed to protect workers like you and to hold owners and contractors accountable when safety takes a back seat.

Leandros A. Vrionedes, P.C., represents injured construction workers throughout New York City and surrounding areas and has extensive experience handling Labor Law and third-party negligence claims. To learn whether you can sue and what compensation may be available, contact the firm today for a free consultation.