Hurt on the Job in New York? Labor Law Gives You More Than Workers' Comp
If you were injured on a construction site or job site in New York, you may have legal claims that go far beyond anything workers' compensation can offer. New York Labor Law §§ 240, 241, and 200 impose strict liability on property owners and general contractors — and those claims are entirely separate from your workers' comp case. At Gottfried Law Group, we have pursued complex labor law cases since 1999. We know this law, and we know how to use it.
Why Job Site Injury Cases Are Different — and Worth More
Most personal injury cases turn on negligence: who was careless, and how much. Job site injury cases in New York operate under a different legal framework entirely. New York Labor Law § 240, known as the Scaffold Law, is a strict liability statute. That means if you were injured in a height-related accident on a construction or demolition site, the property owner and general contractor are liable — period. It does not matter whether your employer claims you were partly at fault. It does not matter whether you violated a safety protocol. Strict liability means exactly that: they are responsible regardless.
This is the most plaintiff-favorable construction accident law in any state. It exists because the legislature recognized that workers on elevated job sites face dangers that no individual worker can control alone, and that the parties who control the site must be held accountable when those dangers cause harm.
Workers' Comp Isn't Your Only Option — and It's Often Not Your Best One
One of the most common things I hear from injured workers is: "My employer said workers' comp is all I can get." That is not the law. Workers' compensation covers a portion of your lost wages and your medical bills. It does not compensate you for pain and suffering, permanent disability beyond a schedule, or the full economic impact of a serious injury.
New York Labor Law §§ 240 and 241 create separate civil claims against the property owner and general contractor — parties who are not your employer and who are not shielded by the workers' comp system. These claims can be pursued simultaneously with your workers' comp case. In serious job site injury cases, the Labor Law claim is typically where the real recovery lives.
Your boss may not know this. Or may not want you to.
Your Rights Under New York Labor Law
Three statutes govern most job site injury claims in New York. Understanding what each one covers is the first step to knowing what your case is worth.
NY Labor Law § 240 — The Scaffold Law
Text Block:
Section 240 applies to height-related accidents: falls from scaffolds, ladders, roofs, and elevated platforms, as well as injuries caused by falling objects. It imposes absolute liability on property owners and general contractors when a worker is injured because proper safety equipment was not provided or was inadequate. Courts have upheld Section 240 claims even when workers violated site safety rules. If the elevation hazard caused your injury, the statute applies.
NY Labor Law § 240 — The Scaffold Law
Section 240 applies to height-related accidents: falls from scaffolds, ladders, roofs, and elevated platforms, as well as injuries caused by falling objects. It imposes absolute liability on property owners and general contractors when a worker is injured because proper safety equipment was not provided or was inadequate. Courts have upheld Section 240 claims even when workers violated site safety rules. If the elevation hazard caused your injury, the statute applies.
NY Labor Law § 241 — Construction Site Safety Standards
Section 241 covers a broader range of construction, excavation, and demolition site accidents. It requires that job sites comply with specific Industrial Code regulations governing floor openings, debris, trench safety, equipment operation, and more. When a site violates those regulations and a worker is hurt as a result, the property owner and general contractor are liable. Unlike Section 240, Section 241 claims require showing the specific code violation — which is why experienced representation matters from the start.
NY Labor Law § 200 — General Duty of Care
Section 200 codifies the common law duty of owners and contractors to maintain a reasonably safe job site. It applies when the dangerous condition was created by the owner or contractor, or when they had actual or constructive notice of the hazard and failed to correct it. Section 200 claims often run alongside Section 240 or 241 claims to capture the full scope of a defendant's liability.
NY Labor Law § 200 — General Duty of Care
Section 200 codifies the common law duty of owners and contractors to maintain a reasonably safe job site. It applies when the dangerous condition was created by the owner or contractor, or when they had actual or constructive notice of the hazard and failed to correct it. Section 200 claims often run alongside Section 240 or 241 claims to capture the full scope of a defendant's liability.
Types of Job Site Accidents We Handle
Construction Accidents
Section 200 codifies the common law duty of owners and contractors to maintain a reasonably safe job site. It applies when the dangerous condition was created by the owner or contractor, or when they had actual or constructive notice of the hazard and failed to correct it. Section 200 claims often run alongside Section 240 or 241 claims to capture the full scope of a defendant's liability.
Demolition Accidents
Demolition work carries its own category of hazards: structural collapses, falling debris, hazardous material exposure, and equipment failures in environments that are inherently unstable. New York Labor Law protections apply fully to demolition workers, and Section 240 covers falling object injuries on demolition sites just as it does on active construction sites. The South Bronx development corridor, Mott Haven, Fordham Road, and the waterfront residential projects have all seen significant demolition activity in recent years — and the injuries that come with it.
Scaffold and Ladder Falls
Falls from scaffolds and ladders are the leading cause of fatal and catastrophic construction injuries in New York. Section 240 was written specifically to address these accidents, and it is the strongest tool available to an injured worker in any state. We have handled hundreds of scaffold and ladder fall cases across three decades. When the scaffold collapses, when the ladder kicks out, when the safety harness was never provided — those facts establish liability. Our job is to build the record that proves it.
Falling Object Injuries
A falling tool, a dropped beam, or unsecured materials from an upper floor can cause traumatic brain injuries, spinal injuries, and fractures that change a worker's life permanently. Section 240 covers falling object cases when the object required securing and proper protection was not in place. These cases require prompt investigation, site documentation, and witness statements gathered before the scene is altered. We move quickly because the evidence does not wait.
On-the-Job Accidents Involving Third Parties
Not every job site injury involves a fall. Workers are struck by vehicles, injured by defective equipment, exposed to toxic substances, and hurt through the negligence of subcontractors and other third parties on the site. When a party other than your employer caused or contributed to your injury, a separate personal injury claim may be available in addition to workers' compensation. These third-party claims are often the most significant source of recovery for seriously injured workers.
Why Gottfried Law Group for Your Labor Law Case
Labor Law cases are technically demanding. They require knowledge of the Industrial Code, familiarity with how courts have applied Section 240 in specific fact patterns, and the ability to manage discovery, depositions, and expert testimony in complex litigation. This is not a practice area where general personal injury experience is enough.
I have focused on complex labor law accidents since 1999, including years prosecuting these cases at Napoli Bern Ripka, one of the country's best-known mass tort and construction accident firms. I have taken more than 500 depositions, argued before the Supreme and Appellate Courts of New York, and perfected more than 10 appeals in the Appellate Division. The New York Metro Area Super Lawyers program has recognized me every year from 2009 through 2026. In 2024, I was named a Top 50 Lawyer in America.
Recent verified results include a $4,200,000 settlement in 2023 and a $2,950,000 settlement in 2026. These outcomes reflect what serious Labor Law litigation, handled by someone who knows the statute, can produce for an injured worker.
Get a Fighter in Your Corner — Starting Today
New York Labor Law protections apply to every worker on a job site — regardless of immigration status. If you were hurt on the job, you have the same legal rights under Sections 240, 241, and 200 as any other worker. Nothing you share with us in a legal consultation is disclosed to immigration authorities. Attorney-client confidentiality is absolute. Your status will not come up, and it will not affect your case.
If you are afraid to come forward, I understand. But the law is on your side, and so are we. The contractors and property owners who profited from your labor are not exempt from accountability because of your status. Call us. The conversation is completely confidential.
If you were hurt on the job in the Bronx, Brooklyn, Manhattan, Queens, or anywhere in the New York metro area, do not accept workers' comp as your only option before speaking with a labor law attorney. The law gives you more. We will tell you exactly what your case is worth and what we can do to pursue it — at no cost to you.
Your Immigration Status Does Not Affect Your Rights
Can I sue my employer if I was hurt on a construction site?
In most cases, workers' compensation is your exclusive remedy against your direct employer. However, New York Labor Law §§ 240, 241, and 200 allow you to sue the property owner and general contractor separately — parties who are not your employer and who are not protected by the workers' comp bar. These claims can be pursued at the same time as your workers' comp case and typically produce significantly larger recoveries.What if I was partly at fault for my own accident?
For height-related accidents covered by NY Labor Law § 240, your own fault is not a defense. The statute imposes strict liability on the owner and general contractor regardless of whether the worker contributed to the accident. Courts have upheld this even when workers ignored safety instructions. For Section 241 and Section 200 claims, comparative fault may reduce — but not eliminate — your recovery.How long do I have to file a job site injury claim in New York?
The general statute of limitations for personal injury claims in New York is three years from the date of the accident. However, if a government entity owns the property or is involved as a contractor, you may be required to file a Notice of Claim within 90 days. Missing that deadline can bar your claim entirely. Do not wait to speak with an attorney.What if I was an undocumented worker when I was injured?
Your immigration status has no bearing on your rights under New York Labor Law. The statutes protect all workers on covered job sites. Nothing you tell us in a confidential legal consultation is shared with any immigration authority. Your case is evaluated on the facts of your injury, not your documentation.Does Gottfried Law Group charge upfront fees for job site injury cases?
No. We handle job site injury cases on a contingency fee basis, which means you pay nothing unless we recover money for you. There are no upfront costs, no hourly fees, and no out-of-pocket expenses. The consultation is free, and you can speak with us 24 hours a day, seven days a week.
