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Construction work is one of the most dangerous professions in New York — and when a job site injury happens, the legal fight that follows is unlike any other personal injury case. New York’s Labor Law Sections 200, 240, and 241 give injured construction workers uniquely powerful rights that most states don’t have. But pursuing those rights requires an attorney who knows this law deeply and moves fast before critical evidence disappears.
At Zlotolow & Associates, our New York construction accident lawyers have spent more than 20 years fighting for injured workers across New York City, Long Island, and Melville. We’ve recovered millions of dollars — including $3.0 million and $2.2 million in individual construction accident cases. Call (631) 564-0498 for a free consultation.
New York is one of the only states in the country with laws that hold property owners and general contractors strictly liable for certain construction site injuries — regardless of the injured worker’s own conduct. Understanding these laws is the foundation of every strong construction accident claim:
Section 240 imposes absolute liability on property owners and general contractors when a worker is injured by a gravity-related hazard — falls from scaffolding, ladders, roofs, or elevated platforms, or being struck by a falling object. This is the most powerful worker-protection law in the state. If a violation of Section 240 caused your injury, the owner and contractor cannot escape liability even if they claim you were the sole cause of your accident.
Section 241(6) requires property owners and contractors to maintain construction sites in compliance with specific Industrial Code regulations (found in 12 NYCRR Part 23). A violation of any applicable regulation — improper lighting, inadequate floor openings, missing safety devices — creates liability. Unlike Section 240, Section 241(6) claims allow the defendant to argue comparative fault, but the burden of proving a code violation is often straightforward.
Section 200 codifies the general duty to maintain a safe workplace. Claims under Section 200 apply when the owner or general contractor had authority to supervise or control the work being performed, or had actual or constructive notice of a dangerous condition on the site.
Why this matters for your case: Most construction accident victims are entitled to workers’ compensation AND a third-party lawsuit under Labor Law. Workers’ comp covers your medical bills and a portion of lost wages — but a Labor Law claim has no damages cap and can include full lost wages, pain and suffering, and future care costs. Our attorneys pursue both simultaneously to maximize your recovery.
Job site accidents occur in many ways, but certain patterns appear repeatedly in our cases. Each cause carries different liability implications under New York Labor Law:
| Result | Case Type |
|---|---|
| $3.0 Million | Construction Accident |
| $2.5 Million | Workplace Accident |
| $2.2 Million | Construction Accident |
If you’re hurt on a construction site in New York, you will almost certainly qualify for workers’ compensation. But workers’ comp alone rarely covers the full extent of what you’ve lost — and for most construction accident victims, it shouldn’t be your only claim.
| Workers’ Compensation | Third-Party Labor Law Claim |
|---|---|
| Covers medical bills and ~2/3 of lost wages | Full lost wages, past and future |
| No pain and suffering | Pain and suffering included |
| No cap, but benefits are limited by formula | No cap on damages |
| Cannot sue your direct employer | Sue property owner, general contractor, sub-contractors, equipment manufacturers |
| File regardless of fault | Fault of owner/contractor must be shown (except §240 — strict liability) |
The key is identifying every third party whose negligence contributed to your injury — property owners, general contractors, subcontractors, equipment manufacturers, and site managers. Our attorneys conduct a full investigation to make sure every available avenue of compensation is pursued.
Report your injury immediately. Under New York Workers’ Compensation Law, you must report your injury to your employer on the day it happens or the following day. Delaying this report can jeopardize your workers’ comp claim. Call us the same day — we can help you navigate both filings simultaneously.
Construction accidents frequently produce injuries far more severe than typical workplace incidents. The most serious cases we handle include:
Zlotolow & Associates represents injured construction workers throughout the greater New York area. Our Melville, Long Island office puts us at the center of Suffolk County’s most active construction markets — we regularly handle cases in Huntington, Babylon, Brentwood, Hauppauge, Commack, Deer Park, and throughout Suffolk County. We also serve all of Nassau County, including Hempstead, Garden City, and Mineola.
In New York City, we represent workers injured across all five boroughs — Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — where major development projects and renovation work create a constant risk of job site injuries. All cases are handled on a contingency fee basis: no upfront costs, no fees unless we win.
Yes — and in most cases you have more than one claim. You are entitled to workers’ compensation benefits, and if a property owner, general contractor, or equipment manufacturer’s negligence contributed to your injury, you can file a third-party lawsuit under New York Labor Law. That claim is not limited by the workers’ comp formula and can include pain and suffering, full lost wages, and future care costs.
Section 240, known as the Scaffold Law, imposes strict (absolute) liability on property owners and general contractors when a worker is injured by a gravity-related hazard — a fall from scaffolding, a ladder, a roof, or being struck by a falling object. Strict liability means they cannot escape responsibility by blaming the worker. This is one of the most worker-protective laws in the United States and is unique to New York.
The statute of limitations is generally three years under CPLR §214. However, if a government entity owns the property or contracted the work, you must file a Notice of Claim within 90 days. Workers’ Compensation claims must be reported to your employer the same day or the next day. Contact an attorney immediately — evidence on construction sites disappears fast.
Yes. New York Labor Law protects all workers regardless of immigration status. Undocumented construction workers have the same rights to workers’ compensation and Labor Law claims as any other worker. Everything you share with us is confidential.
Under New York’s comparative negligence rule, you can still recover even if partially at fault. More importantly, under Labor Law Section 240, the defendant cannot use your comparative fault as a defense in gravity-related injury cases at all — meaning even if you weren’t following every safety rule, the property owner and contractor may still be fully liable.
Construction accident cases involving Labor Law §240 are among the highest-value personal injury cases in New York. Our firm has recovered $3.0 million and $2.2 million in individual construction accident cases. Case value depends on your injuries, medical costs, lost wages, and the Labor Law claims available. A free consultation is the best way to understand your case.
A serious injury on a construction site can take away your ability to work, support your family, and live the life you had before. New York’s Labor Law was written specifically to protect workers like you — but only if you have an attorney who knows how to use it. At Zlotolow & Associates, we’ve spent more than 20 years enforcing those rights for injured workers across New York City and Long Island, and we’ve recovered millions of dollars for our clients in the process.
There are no upfront fees and you pay nothing unless we win. Call (866) 759-3841 or fill out our contact form for a free, confidential consultation. We serve clients throughout Long Island — including Melville, Suffolk County, and Nassau County — and all five NYC boroughs.
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