Construction Accident Lawyer in New York City
Representing injured construction workers under New York Labor Law § 240, § 241(6), and § 200 in Supreme Court across the five boroughs.
Overview
What This Practice Covers — and Who Needs It
New York provides some of the strongest worker protections in the country through the Labor Law — statutes that hold property owners and general contractors directly responsible for construction site injuries, independent of the Workers' Compensation system that covers most workplace accidents. A construction worker injured in a fall from a scaffold or ladder, struck by a falling object, or hurt by a safety-code violation at a job site typically has two distinct legal tracks available: a Workers' Compensation claim against the employer for immediate medical and wage benefits, and a third-party personal injury lawsuit under the Labor Law seeking full compensation including pain and suffering.
Yazdi Law represents injured construction workers in this second track — the third-party Labor Law lawsuit where most significant financial recovery occurs. Our clients include laborers, ironworkers, carpenters, roofers, electricians, plumbers, painters, masons, demolition workers, and other trades injured on NYC construction sites. We handle cases involving falls from scaffolds and ladders, falling-object injuries, scaffold and lift collapses, trench and excavation accidents, electrocution, crane accidents, power-tool injuries, and other serious site injuries. Our office is at 261 Madison Avenue in Midtown Manhattan, and we litigate cases in New York County Supreme Court at 60 Centre Street and in the Supreme Courts of the other boroughs. Representation is available in English and Farsi, and we pursue these cases on a contingency fee basis — no fee unless we recover. Call (917) 565-7286 if you have been injured on a construction site.
Legal Foundation
The Legal Framework
New York's construction worker protections rest on three key Labor Law provisions — §§ 200, 240(1), and 241(6) — overlaid with the Workers' Compensation system and the general procedural rules of the Civil Practice Law and Rules (CPLR).
Labor Law § 240(1) — the Scaffold Law
Under Labor Law § 240(1), owners, general contractors, and their agents are strictly liable for gravity-related accidents at construction sites. This means that when a worker is injured by a fall from an elevation or by a falling object, and adequate safety devices (scaffolds, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other enumerated devices) were not provided or were inadequate, the owner and general contractor are liable regardless of their actual involvement in the accident. The statute covers erection, demolition, repair, alteration, painting, cleaning, and pointing of a building or structure. Comparative fault is not a defense unless the worker was the sole proximate cause of the accident. The "one- and two-family home exemption" excludes owners of one- and two-family dwellings who do not direct or control the work, but this exemption is narrowly construed.
Labor Law § 241(6) — specific safety-code violations
Under Labor Law § 241(6), owners and general contractors are liable for injuries caused by violations of specific provisions of the New York State Industrial Code (12 NYCRR Part 23) governing construction, demolition, and excavation. Unlike § 240(1), § 241(6) requires proof of a specific Industrial Code violation and of proximate cause, but also unlike § 240(1) it covers a broader range of activities — including ground-level accidents that would not qualify as gravity-related. Comparative negligence is a defense under § 241(6), but it does not bar recovery — it reduces damages proportionally under CPLR § 1411.
Labor Law § 200 — common-law negligence
Labor Law § 200 codifies the common-law duty to maintain a safe workplace. Unlike §§ 240(1) and 241(6), § 200 requires proof of actual or constructive notice of a dangerous condition, or supervision and control over the injury-producing work. § 200 is typically pled alongside the other Labor Law provisions to capture injuries or defendants not covered by the strict liability or specific-safety-code theories.
Workers' Compensation interaction
Under Workers' Compensation Law § 11, an injured worker's exclusive remedy against their direct employer is workers' compensation. Workers cannot sue their employer directly in most cases. However, property owners, general contractors, construction managers, subcontractors who did not employ the injured worker, equipment manufacturers, and other third parties remain fully liable under the Labor Law. Most significant construction injury cases therefore involve both a Workers' Compensation claim against the employer (filed on Form C-3 within two years under Workers' Compensation Law § 18) and a third-party Labor Law lawsuit. Workers' Compensation benefits are offset against any Labor Law recovery through a lien, with the worker's attorney typically negotiating a lien reduction.
Statute of limitations
A Labor Law personal injury claim must be commenced within three years of the accident under CPLR § 214(5). Wrongful death claims must be commenced within two years of the date of death under EPTL § 5-4.1. Claims involving municipal defendants — including the City of New York, the New York City Housing Authority, or state authorities — require a Notice of Claim within 90 days under General Municipal Law § 50-e and commencement of suit within one year and 90 days. These deadlines are strict.
How It Works
The Process, Step by Step
A typical construction accident case at Yazdi Law proceeds as follows.
Immediate steps after the accident
Report the accident to your employer and supervisor — failure to report promptly can be used to dispute both workers' compensation and third-party claims. Seek medical care the same day, including emergency room evaluation if warranted. Photograph the scene, equipment, and injuries if you can do so safely. Get names and contact information of coworkers who witnessed the accident. Keep copies of any incident reports, OSHA documentation, or other paperwork. Do not sign any release, waiver, or statement from any insurance company, contractor, or employer without first consulting an attorney.
Initial consultation
At the consultation, we discuss the accident in detail — what you were doing, what equipment was involved, what safety measures were or were not in place, who was present, and what happened. We review the injury and medical treatment received, the workers' compensation paperwork filed (if any), and any correspondence from insurers. We identify potentially liable parties beyond the direct employer — the property owner, general contractor, construction manager, other subcontractors, equipment manufacturers or rental companies, and any municipal or authority defendants. If we take the case, we provide a written retainer agreement compliant with 22 NYCRR § 1215.1.
Investigation and liability development
Early investigation is critical. Construction sites change rapidly — scaffolds are dismantled, equipment is removed, safety conditions change. We work quickly to preserve evidence: we obtain the OSHA accident report if one was filed, request any recorded video from the site or nearby buildings, obtain witness statements before memories fade, retrieve site safety plans and toolbox talk records through discovery, and, for serious cases, retain a construction safety expert to inspect the site or reconstruct conditions. We identify all potential defendants through review of construction contracts, DOB permits, and corporate filings.
Workers' compensation coordination
We coordinate with (and sometimes handle) the workers' compensation claim to ensure benefits flow correctly and the workers' compensation carrier's lien on any eventual third-party recovery is properly tracked. Under Workers' Compensation Law § 29, the carrier's lien is recoverable from a third-party settlement or judgment, but can typically be reduced through negotiation or statutory offset calculation.
Pre-suit settlement and commencement of litigation
For cases with clear liability and well-developed damages, a pre-suit settlement demand can sometimes resolve the case without filing. More often, particularly with serious injuries, we file suit in the appropriate Supreme Court and proceed through discovery. Discovery in construction cases typically involves extensive document production, multiple depositions (including site supervisors, safety personnel, and corporate representatives), and expert exchange. Summary judgment motions on § 240(1) are common — a successful plaintiff's motion establishes liability as a matter of law, leaving only damages for trial.
Settlement or trial
The vast majority of Labor Law cases resolve through settlement, often after summary judgment rulings clarify liability. Cases that proceed to trial are tried to juries in Supreme Court on damages — or, in disputed cases, on both liability and damages. Construction cases often involve serious injuries warranting substantial compensation, and well-prepared cases produce meaningful recoveries.
Realistic timeline
Construction accident cases typically take 18 to 36 months from filing to resolution. Cases with catastrophic injuries or multiple defendants may extend further. Pre-suit settlements can resolve matters faster; cases involving extensive expert discovery or contested liability run longer. Workers' compensation benefits continue during the third-party case, which gives injured workers financial stability while the Labor Law case develops.
What to Watch For
Common Pitfalls and How We Avoid Them
Construction accident cases are vigorously defended by well-resourced insurance carriers. Common mistakes that reduce or eliminate recoveries include the following.
Not reporting the accident or delaying medical care
Failure to report the accident promptly, or gaps in early medical treatment, are used by defense insurers to dispute causation. Reports should be documented in writing. Medical care should begin the same day when possible, and any gaps in treatment explained contemporaneously.
Giving recorded statements to adjusters
Insurance adjusters frequently call within days of the accident requesting "routine statements." These statements are used later to dispute liability, damages, or both. Even casual-sounding questions are structured to elicit harmful answers. We handle all adjuster communication after retention.
Missing third-party defendants
Many injured workers assume the case is against their direct employer. Because the employer is typically immunized by Workers' Compensation Law § 11, identifying the third parties who can be sued — property owner, general contractor, construction manager, other subcontractors, equipment manufacturers — is essential. We identify all potential defendants early through contract review, DOB permit research, and investigation.
Inadequate expert development
Most serious Labor Law cases require construction safety experts, biomechanical experts, vocational economists, and medical experts to fully develop liability and damages. Cases that proceed without this expert support frequently settle for less than their value because damages cannot be fully documented.
Accepting early settlement offers
Construction injury cases often involve injuries that continue to develop over time — surgeries become necessary, return to work becomes impossible, permanent impairment becomes clear only with time. Early settlements entered before the injury picture is clear typically undercompensate the worker significantly. We do not settle cases until the medical and vocational picture is reasonably stable.
Free Consultation
Injured on a construction site? Discuss your case with an experienced New York construction accident attorney. No fee unless we recover.
Contact Us NowPricing
Costs and What's Included
Construction accident cases at Yazdi Law are handled on a contingency fee basis under Judiciary Law § 474-a. There is no fee unless we recover compensation for you. The fee percentage and scope of representation are set out in a written retainer agreement before any work begins, and are discussed openly at the initial consultation.
Case costs — including investigation, construction safety experts, medical experts, deposition costs, filing fees, and transcription — are advanced by the firm and only repaid from any recovery. If the case does not produce a recovery, the client owes nothing. The client pays no out-of-pocket costs during the pendency of the case.
Representation generally includes the initial consultation, investigation and evidence preservation, coordination with the workers' compensation carrier and claim, identification of all potential third-party defendants, drafting and filing of the summons and complaint, full discovery (including depositions and expert exchange), summary judgment practice where appropriate, settlement negotiation, and, if necessary, trial preparation and trial. We communicate realistic outcomes at every stage and do not settle cases for less than their demonstrated value.
FAQ
Frequently Asked Questions
Can I sue under Labor Law § 240 if I'm already getting workers' compensation?
Does Labor Law § 240 apply if I was partly at fault for the accident?
Does Labor Law § 240 protect undocumented workers?
What injuries and activities are covered?
Schedule a Consultation
If you or a family member has been injured in a construction accident in New York City or the surrounding counties, call Yazdi Law at (917) 565-7286 immediately or request a consultation online. Early investigation preserves evidence that often determines case outcome. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free. Construction accident cases are handled on contingency — no fee unless we recover. Representation is available in English and Farsi.
Request a Consultation
Share your details and we'll respond within one business day.
Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Statutory citations, court procedures, and deadlines reflect New York law as of the date of publication and may change. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.