NYC Construction Accident Claims: Know Your Rights

Overview

New York City construction workers face some of the highest injury and fatality rates in the country. With thousands of active construction sites across the five boroughs, accidents involving falls, equipment failures, and unsafe working conditions occur daily. Fortunately, New York's Labor Law provides some of the strongest worker protections in the nation.

Under New York Labor Law 240, also known as the "Scaffold Law," property owners and general contractors can be held strictly liable for gravity-related construction accidents. This means injured workers may recover substantial compensation even if they were partially at fault for their accident.

Key Facts About NYC Construction Accidents

Construction remains one of New York City's most dangerous industries:

• The NYC Department of Buildings reported over 400 construction accidents in 2023 • Falls from heights account for approximately 40% of construction fatalities • Crane accidents have increased 25% over the past five years • The average NYC construction accident settlement is $2.8 million • Labor Law 240 cases have a 90%+ success rate for plaintiffs

Recent high-profile incidents include multiple crane collapses in Manhattan and Brooklyn, resulting in both fatalities and multi-million dollar settlements for victims and their families.

Who Qualifies for NYC Construction Accident Claims

You may be entitled to compensation if you were injured in a NYC construction accident and:

• You were working on a construction, demolition, or renovation project • Your injury involved a fall from height or falling object • The accident occurred due to unsafe working conditions • You suffered injuries requiring medical treatment • The accident happened within the past three years

Eligible workers include construction workers, painters, window washers, demolition workers, and other laborers working at elevation or with heavy equipment.

Types of Construction Accidents Covered

NYC construction accident claims commonly involve:

Falls from Heights • Scaffold collapses and failures • Ladder accidents • Unprotected edges and openings • Defective safety equipment

Falling Objects • Tools and materials dropping from above • Structural collapses • Inadequate overhead protection

Equipment Accidents • Crane collapses and malfunctions • Hoist and elevator failures • Power tool accidents • Electrical injuries

New York's Unique Labor Law Protections

New York Labor Law 240 provides exceptional protection for construction workers. Unlike workers' compensation, Labor Law claims allow workers to sue property owners and general contractors directly for full damages.

The law imposes absolute liability, meaning defendants cannot use comparative negligence as a defense. If a gravity-related accident occurs due to inadequate safety equipment or procedures, the property owner and contractor are automatically liable.

Labor Law 241(6) provides additional protections for workers injured due to violations of specific safety regulations, while Labor Law 200 covers general workplace negligence.

Recent Developments and Notable Cases

Several significant NYC construction accident verdicts and settlements have been reached recently:

• $20 million settlement for a worker who fell through an unprotected opening, suffering traumatic brain injury • $15.5 million verdict for a painter who fell from a defective scaffold • $12 million settlement for a worker injured in a crane collapse in Queens • $8.5 million verdict for an electrician who fell from an inadequately secured ladder

The New York Court of Appeals continues to strengthen Labor Law protections, recently ruling that property owners cannot escape liability even when workers are provided with safety equipment if that equipment proves inadequate for the specific task.

Potential Compensation in NYC Construction Accident Cases

Unlike workers' compensation, Labor Law claims allow recovery of full damages including:

Economic Damages • Lost wages and future earning capacity • Medical expenses and ongoing treatment costs • Rehabilitation and therapy expenses • Home and vehicle modifications

Non-Economic Damages • Pain and suffering • Loss of enjoyment of life • Emotional distress • Loss of consortium (for spouses)

Compensation amounts vary based on injury severity, age, and earning capacity. Recent settlements show:

• Traumatic brain injuries: $5-20 million • Spinal cord injuries: $3-15 million • Multiple fractures: $500,000-3 million • Wrongful death: $2-10 million

Filing Your NYC Construction Accident Claim

Time limits are critical in construction accident cases. New York's statute of limitations is generally three years from the accident date, but exceptions may apply.

Successful claims require thorough investigation of: • OSHA and DOB violation records • Site safety protocols and training • Equipment maintenance records • Witness statements and expert testimony • Medical documentation of injuries

Experienced NYC construction accident attorneys work with safety experts, engineers, and medical professionals to build compelling cases that maximize recovery.

Frequently Asked Questions

Can I sue if I was partially at fault for my construction accident?

Yes. Under Labor Law 240, your own negligence cannot reduce your recovery in gravity-related accidents. The law imposes absolute liability on property owners and contractors.

What if I'm receiving workers' compensation benefits?

You can pursue both workers' compensation and a Labor Law claim simultaneously. Labor Law damages are separate from and in addition to workers' compensation benefits.

How long do NYC construction accident cases take?

Cases typically resolve within 1-3 years, depending on injury severity and case complexity. Some cases settle quickly while others require trial.

What if the accident happened on a government construction project?

Special notice requirements apply to claims against government entities, but Labor Law protections still apply to workers on public construction projects.

Do I need to prove the property owner knew about the dangerous condition?

No. Labor Law 240 imposes strict liability regardless of the defendant's knowledge of the specific hazard.

Take Action: Protect Your Rights

If you've been injured in a NYC construction accident, time is critical. Evidence disappears, witnesses relocate, and legal deadlines approach quickly.

Experienced construction accident attorneys offer free consultations to evaluate your case and explain your rights under New York's Labor Law. Don't let insurance companies minimize your claim – understand the full value of your case and fight for the compensation you deserve.

Contact a qualified NYC construction accident attorney today to protect your rights and secure your family's financial future.