Craig D. Rosenbaum | October 7, 2025 | Construction Accidents
Construction accidents account for a large percentage of all work-related accidents and injuries. In fact, the construction industry accounted for 35% of fatal workplace injuries in New York City in 2023. If you have been injured in a construction accident, New York’s labor laws could have a significant effect on your legal rights.
Keep reading below to learn more about the role of New York labor laws in construction accidents.
Protection Provided by New York Labor Laws
Construction is a booming business in New York City, and this industry is vital to the city’s growth and success. However, it is essential to keep in mind that construction companies are in business to generate a profit. This means that some of these companies may cut corners or attempt to skirt certain rules in an effort to protect their bottom line.
Thankfully, New York has several labor laws in place to protect construction workers. Some of the most common labor laws that apply to construction accidents include the following:
New York Labor Law Section 200
New York Labor Law Section 200 mandates a general duty to protect the health and safety of employees. This law includes the protection of the health and safety of construction workers at construction sites. This law requires that all machinery, equipment, and devices provided at these sites be safe to use.
Additionally, the work site itself should be constructed and organized in a way that is reasonably safe for the construction workers and any other regular visitors to the job site.
New York Labor Law Section 240
Also known as the “Scaffold Law,” New York Labor Law Section 240 is one of the most significant labor laws affecting construction workers in New York City. This law requires that scaffolding, hoists, pulleys, ladders, braces, irons, ropes, and other devices provide proper protection to the employees who use them. This law actually extends beyond just scaffolding, protecting employees from many “gravity-related” accidents.
This law is generally considered to have two aspects. The first is falling workers, and the second is falling objects. The law requires safety measures designed to prevent workers from falling when working above ground level. The second part of the law is designed to protect workers from falling objects by ensuring the objects are properly secured, barricaded, or kept in place by reasonable means.
New York Labor Law Section 241
Finally, New York Labor Law Section 241(6) requires contractors and site owners to provide safe construction sites. This law is similar to the New York Labor Law Section 200. However, winning a claim based on Section 241(6) requires proving that a section of the NY Industrial Code was violated. Since these laws can get somewhat complex, it is always wise to consult an experienced personal injury lawyer for help with your case.
Damages Available to Victims of Construction Accidents
Generally, injured workers are limited to the exclusive remedy of workers’ compensation benefits. This means that you can receive full medical care for your injuries as well as partial wage replacement. In some cases, you may be entitled to file a third-party personal injury lawsuit.
This opens the door to non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Depression
- PTSD
- Loss of enjoyment of life
- Diminished quality of life
- Loss of consortium
If your accident resulted from unsafe conditions, it may also involve OSHA violations. While OSHA fines are paid to the government—not to the injured worker—these violations can support your case by showing that your employer or a third party failed to meet federal safety standards. A lawyer can help investigate whether these violations occurred and use that evidence to build a stronger claim for compensation.
Filing a Construction Accident Claim
The first step in filing a construction accident claim is reporting the accident to your employer. Your employer should report your injury to their workers’ compensation insurance provider, and they should also report the accident to the proper labor authorities.
If you suspect your employer is trying to keep your accident hidden, you can report the accident on your own. You should also contact an experienced lawyer for help. They can investigate your accident and determine the appropriate steps that should be taken to help you maximize the compensation for your injuries.
Contact Rosenbaum Personal Injury Lawyers for a Free Consultation With a New York City Personal Injury Lawyer
If you were injured in a construction accident in New York City, the labor laws discussed above may give you powerful legal rights. The experienced attorneys at Rosenbaum Personal Injury Lawyers can explain your options and fight for the compensation you deserve. Contact us today to schedule a free consultation with a New York City personal injury lawyer.
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