Can I sue for more than workers' compensation if I was injured on a construction site in New York?

Yes. Under New York Labor Law, an injured construction worker may bring a workers' compensation case and also pursue additional claims against third parties. According to Section 200, Section 240(1), and Section 241(6) of New York's Labor Laws, an injured worker may bring a cause of action against the general contractor, the property owner, and any others who have a financial interest in the project. These protections were created to protect workers on construction sites.

What is the difference between workers' compensation and a Labor Law claim in New York?

Workers' compensation provides limited benefits for medical expenses and lost wages but does not cover pain and suffering or full lost earning capacity. A Labor Law claim under Sections 200, 240(1), or 241(6) allows you to pursue full damages including pain and suffering, full lost wages, and other compensation against parties like general contractors and property owners who are responsible for worksite safety. These claims can provide significantly more compensation than workers' comp alone.

Who can I sue under New York Labor Law if I'm injured on a construction site?

Under New York Labor Law Sections 200, 240(1), and 241(6), you may bring claims against the general contractor, the property owner, and any others who have a financial interest in the construction project. These laws impose strict liability on individuals who are responsible for worksite safety, meaning they can be held liable even if they were not directly negligent.

What is strict liability under New York Labor Law Section 240(1)?

Strict liability means that property owners and general contractors can be held liable for gravity-related construction accidents regardless of their level of fault or negligence. Section 240(1), also known as the Scaffold Law, protects workers injured in falls from heights, scaffold collapses, ladder accidents, and other elevation-related incidents. If safety equipment was inadequate or absent, the owner or contractor can be held strictly liable for your injuries.

What types of construction accidents are covered under Labor Law Section 240(1)?

Labor Law Section 240(1) covers gravity-related accidents including falls from heights, ladder accidents, scaffold collapses, falling object injuries, and other elevation-related incidents. This section protects workers who are injured due to inadequate safety equipment or the absence of proper safety devices while working at elevated heights on construction sites.

What is Labor Law Section 241(6) and how does it protect construction workers?

Labor Law Section 241(6) requires owners and contractors to provide reasonable and adequate protection and safety for construction workers. This section applies when specific safety regulations from the New York Industrial Code are violated. Unlike Section 240(1), which focuses on gravity-related accidents, Section 241(6) covers a broader range of construction site hazards and safety violations.

What does Labor Law Section 200 cover for injured construction workers?

Labor Law Section 200 is a common law negligence statute that requires property owners and general contractors to provide workers with a safe place to work. Unlike Sections 240(1) and 241(6), Section 200 requires proof of negligence or that the owner or contractor had notice of the unsafe condition. This section covers unsafe work conditions, defective equipment, and other hazardous situations on construction sites.

Will filing a Labor Law claim affect my workers' compensation benefits?

No. Filing a third-party Labor Law claim against the general contractor, property owner, or other responsible parties will not affect your workers' compensation benefits. You can pursue both claims simultaneously. Workers' compensation provides immediate benefits while your Labor Law claim seeks full damages including pain and suffering. This concurrent claims strategy ensures you receive all the compensation you deserve.

How long do I have to file a Labor Law claim for a construction accident in New York?

In New York, you generally have three years from the date of your construction accident to file a Labor Law claim against third parties like general contractors and property owners. However, it's important to act quickly because evidence needs to be preserved, witnesses need to be interviewed, and the worksite conditions must be documented. Consulting with an experienced construction accident attorney as soon as possible after your injury is critical.

Why do I need a lawyer for a construction accident if I'm already getting workers' comp?

Workers' compensation only covers limited benefits and does not include pain and suffering or full compensation for your injuries. An experienced construction accident attorney can evaluate whether you have additional claims under New York Labor Law Sections 200, 240(1), or 241(6) against general contractors, property owners, and other parties. These claims can provide significantly more compensation than workers' comp alone and ensure all responsible parties are held accountable for your injuries.

Eligible for More Than Worker’s Comp

Were you hurt on a job site and have questions about whether you are eligible for more than workers’ comp? Watch this video to learn more.

Robert Maranto

Attorney Duquesne University School of Law, New York State Bar

With over 3 decades of experience, Robert focuses his practice on all areas of personal injury and has achieved multi-million-dollar verdicts and/or settlements throughout his legal career.

Areas of Expertise: Personal Injury, Car Accident, Motorcycle Accidents, Bus Accidents, Truck Accident, Slip and Fall Injuries, Pedestrian Accidents, Bicycle Accident, Dog Bite, Construction Accidents, Nursing Home Negligence, Boat Accident, Boating Accidents, Mesothelioma, Asbestos, Product Liability, Clergy Abuse, Negligent Security, Industrial Accidents

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New York State’s Labor Laws were created to protect workers on construction sites.
Construction companies and project managers may not like those laws, but it is critical that injured employees are protected.
Under the Workers’ Compensation Law, a person injured on a construction site may bring a compensation case.
According to Section 200, Section 240(1), and Section 241(6) of our Labor Laws, an injured worker may bring a cause of action against the general contractor, the owner, and any others who have a financial interest in the project.
Those protections benefit injured workers by imposing strict liability on individuals who are responsible for their work site safety.

Were you or a loved one injured while working on a construction site and have questions about being eligible for more than workers’ comp? Contact Buffalo Construction Accident Attorney Robert Maranto to fight for you.

This short informational legal video was provided by Robert Maranto, an experienced Buffalo Construction Accident Attorney.

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Robert Maranto

Attorney Duquesne University School of Law, New York State Bar

With over 3 decades of experience, Robert focuses his practice on all areas of personal injury and has achieved multi-million-dollar verdicts and/or settlements throughout his legal career.

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Eligible for More Than Worker’s Comp

Robert Maranto

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