Hurt on a Construction Site? New York Law May Already Be on Your Side.
If you fell from a scaffold, were struck by a falling object, or were injured in a crane or ladder accident on a job site in the Bronx or anywhere in New York City, the law may hold the property owner and general contractor strictly liable — regardless of what they say you did wrong. I'm Eric Gottfried, and I've been litigating construction accident claims under New York Labor Law for over 30 years. Call me before the evidence disappears.
NY Labor Law § 240: Why "It Was Your Fault" Is Not a Defense
New York's Scaffold Law — codified at Labor Law § 240 — is one of the most powerful worker protections in the country. It imposes strict liability on property owners and general contractors for elevation-related injuries: scaffold collapses, ladder falls, falling tools or materials, and crane accidents. Strict liability means that even if the contractor claims you didn't follow a safety protocol, that argument cannot defeat your claim. The law overrides the comparative fault defense entirely for covered accidents.
I've argued this in court dozens of times. The defense will tell you it was your fault. Legally, under Section 240, it doesn't matter.
The Owner and the Contractor Are Both Pointing Fingers. Good.
One of the most common things I hear from construction accident victims is that the site owner and the general contractor are blaming each other. Under New York Labor Law §§ 240 and 241, both are liable — jointly. We name both as defendants and let them fight over contribution between themselves. Their dispute is their problem. Your recovery is ours.
This dual-defendant structure also means there are typically two insurance policies in play, two sets of assets to pursue, and two parties with strong financial incentives to resolve your claim. We use that leverage from day one.
Construction Accident Cases We Handle
Gottfried Law Group represents construction workers injured across all major job site accident types. Every case is handled personally — not handed off to a junior associate.
- Scaffold collapses and falls: Defective planking, missing guardrails, improper rigging — all covered under § 240's strict liability standard.
- Ladder falls: Unsecured ladders, inadequate footing, and missing safety equipment are among the most common and most compensable elevation injuries.
- Falling tools and materials: When objects drop from height and strike a worker below, § 240 applies to the victim whether they were above or below the hazard.
- Crane and derrick accidents: Mechanical failures, operator error, and improper load management cause catastrophic injuries that demand experienced litigation.
- Trenching and excavation injuries: Cave-ins and trench collapses carry their own OSHA and Labor Law exposure for contractors who skip required shoring.
- Electrical accidents: Contact with live wires and unguarded electrical hazards on active job sites are a leading cause of construction fatalities in New York.
Your Immigration Status Does Not Affect Your Right to Recover
Many construction workers in the Bronx and across New York City are undocumented. Contractors and site owners know this, and some count on it to discourage injured workers from coming forward. Here is the truth: New York law does not condition your right to compensation on your immigration status. Labor Law §§ 240 and 241 protect every worker on a covered job site — regardless of citizenship or documentation.
Your Lawsuit Goes Against the Owner, Not the Company That Hired You
Construction accident claims under New York Labor Law are filed against property owners and general contractors — not your direct employer. The company that cuts your check is typically not a named defendant. Retaliation protections also exist under New York law for workers who assert their legal rights. Your job is not at risk from this claim. Your future is.
We Handle These Conversations with Care
If you have concerns about your status and what a lawsuit could mean for you, we will discuss them directly and in confidence. I speak conversational Spanish, and our office is equipped to handle these consultations in the language you are most comfortable with. You deserve accurate information — not fear.
The Bronx Construction Boom Is Creating Real Accident Frequency
Active development across the Bronx is generating construction activity at a scale the borough hasn't seen in decades. MTA expansion projects including the Penn Station Access line, South Bronx development corridors, NYCHA rehabilitation projects, and the Jerome Avenue rezoning area are all generating dense job site activity — and with it, a significant increase in worker injuries. If you were hurt on one of these sites or any other active project in the Bronx or New York City, the legal protections under New York Labor Law apply to your case.
The Bronx Construction Boom Is Creating Real Accident Frequency
Active development across the Bronx is generating construction activity at a scale the borough hasn't seen in decades. MTA expansion projects including the Penn Station Access line, South Bronx development corridors, NYCHA rehabilitation projects, and the Jerome Avenue rezoning area are all generating dense job site activity — and with it, a significant increase in worker injuries. If you were hurt on one of these sites or any other active project in the Bronx or New York City, the legal protections under New York Labor Law apply to your case.
Why Construction Site Evidence Disappears Fast
Scaffolding Comes Down. Witnesses Move On.
Active development across the Bronx is generating construction activity at a scale the borough hasn't seen in decades. MTA expansion projects including the Penn Station Access line, South Bronx development corridors, NYCHA rehabilitation projects, and the Jerome Avenue rezoning area are all generating dense job site activity — and with it, a significant increase in worker injuries. If you were hurt on one of these sites or any other active project in the Bronx or New York City, the legal protections under New York Labor Law apply to your case.
Calling Me Is Evidence Preservation
When you contact Gottfried Law Group after a construction accident, the first step isn't paperwork — it's action. We move quickly to send spoliation letters, identify responsible parties, and document the conditions that caused your injury. The free consultation isn't just legal advice. It's the beginning of building your case while the evidence still exists.
30 Years of Construction Accident Litigation in New York
I have been litigating construction accident and job site injury cases since 1995. That includes scaffold law claims, Labor Law § 241(6) industrial code violations, crane collapses, and complex multi-defendant job site cases across the Bronx, Manhattan, Brooklyn, and Queens. I have argued these cases through trial and on appeal — including perfected appeals before the New York Appellate Division. When contractors and their insurers see this firm's name on a complaint, they know they are dealing with someone who has been in this fight for a long time.
Recognized Results in Complex Construction Cases
Super Lawyers has recognized me as a top New York Metro Area attorney every year from 2009 through 2026 — one of the longest consecutive streaks of any personal injury attorney practicing in the Bronx. I was also named Top 50 Lawyers in America in 2024. Those credentials reflect a litigation record built on difficult cases — the kind that defense firms try to delay, minimize, and outlast. Recent verified settlements include $4,200,000 in 2023 and $2,950,000 in 2026.
You Pay Nothing Unless We Win
Gottfried Law Group handles all construction accident cases on a contingency fee basis. There are no upfront costs, no retainer, and no legal fees unless we recover compensation for you. If we don't win, you owe nothing. This is how we make serious legal representation available to every worker who needs it — regardless of financial situation.
What Construction Workers Ask Us Most
The questions below reflect what injured construction workers and their families ask us most often. If your situation isn't covered here, call us directly — we answer the phone.
Your Next Step Is a Phone Call
Construction accident cases move fast — and so does the evidence. If you or someone you know was injured on a job site in the Bronx, Brooklyn, Manhattan, Queens, or anywhere in New York, call Gottfried Law Group now. We handle every aspect of your case personally, we are available around the clock, and the consultation is free. You have a fighter in your corner. We answer the phone.
Frequently Asked Questions
Does New York Labor Law § 240 cover me if my supervisor said I wasn't using the safety equipment correctly?
Yes. Section 240 imposes strict liability on property owners and general contractors for elevation-related injuries — and that liability holds even if the defense claims you failed to use safety equipment properly. The comparative fault argument is specifically overridden by the statute for covered accidents. This is one of the most misunderstood aspects of New York construction law, and it is exactly the kind of claim we litigate.Can I file a lawsuit if I'm undocumented?
Yes. New York Labor Law protects every worker on a covered construction site regardless of immigration status or documentation. Your legal right to compensation does not depend on your citizenship. We handle these cases with full confidentiality and can conduct consultations in Spanish.What if my employer's workers' compensation insurance already paid some of my bills?
Workers' compensation and a Labor Law lawsuit are separate claims. You can receive workers' compensation benefits and still pursue a third-party personal injury claim against the property owner and general contractor. In many construction accident cases, the Labor Law claim produces significantly larger recoveries than workers' comp alone.How long do I have to file a construction accident lawsuit in New York?
The statute of limitations for most personal injury claims in New York is three years from the date of the accident. However, if a government entity owns or controls the property — which is common on MTA, NYCHA, or city-funded construction projects — you may have as little as 90 days to file a notice of claim. Do not wait to find out which deadline applies to your case.What does it cost to hire a construction accident lawyer?
Nothing upfront. Gottfried Law Group handles all construction accident cases on a contingency fee basis. You pay no legal fees unless we recover compensation for you. The free consultation costs you nothing, and the call could make the difference between a preserved case and a lost one.
