Construction Accident Laws in NY Every Worker Should Know

Construction sites are the backbone of New York’s ever-changing skyline, but they’re also among the most dangerous workplaces in the state. If you’re a part of the construction industry, you understand these risks better than most. However, not all construction accidents are a matter of chance. Sometimes, negligence plays a role. 

At Silberstein and Miklos, P.C., we’re committed to helping injured workers navigate the legal system to obtain justice. With that in mind, we’ve composed this guide of essential construction accident laws every New York construction worker needs to know. 

New York’s Unique Labor Laws for Construction Workers

New York has some of the most robust labor laws in the country. These laws hold property owners, contractors, and site managers accountable for maintaining safe work environments. The three most important sections are as follows:

Labor Law 200

Section 200 of the state’s labor code requires employers to ensure that their workplaces are reasonably safe for workers.

While this law primarily applies to employees, it also extends protections to anyone who is lawfully visiting a worksite. Contractors and inspectors are two examples. This blanket provision shifts the responsibility to your employer and can lay the foundation for a personal injury claim if you get hurt on the job.

Labor Law 240

Section 240, also known as the “Scaffold Law,” requires scaffolding that’s more than 20 feet off the ground to feature a bolted safety rail. This helps protect construction members who are working from elevated positions.

The Scaffold Law is considered one of the most important construction regulations in New York, as construction workers frequently work on multi-level structures.

Labor Law 241

Section 241 outlines additional provisions for construction sites. It identifies actions employers must take and safety equipment they must provide to reduce the risk of injury or death.

Specifically, employers are required to have two-inch-thick planking across any opening that’s one story below and two stories above areas where workers will be present. 

Common Construction Accidents These Laws Apply To

Construction sites are filled with hazards, and accidents can happen in countless ways. Some of the most common scenarios where one or more of these laws may apply include:

Falls from scaffolding, ladders, or roofs
Falling objects
Machinery malfunctions or a lack of proper training
Electrocution or burns
Trench or structural collapses

These accidents can result in an array of injuries, including broken bones, traumatic brain injuries, burns, and amputations. In tragic cases, they can even lead to death. 

New York’s labor laws give you recourse if you or a loved one has been harmed on a construction site due to an employer’s negligence. 

The Statute of Limitations

According to New York’s Civil Practice Law and Rules Chapter 214, you have three years to file a claim for a construction accident. The statute of limitations for wrongful death claims is two years. However, exceptions may apply in both types of claims.

Regardless, it’s vital to act quickly. Don’t wait until the deadline is approaching — as soon as you think you may have grounds to file a claim, consult an experienced attorney. Your legal representative needs time to review your circumstances and gather evidence so they can build a strong argument on your behalf. 

Workers’ Compensation vs. Personal Injury Claims

Many construction workers assume that workers’ compensation is their only recourse after an injury. While workers’ comp provides benefits like medical coverage and partial wage replacement, it often falls short of covering the full extent of an employee’s losses. 

Filing a personal injury lawsuit under New York’s labor laws allows you to hold third parties accountable for the harm you’ve suffered. Negligence is one of the key differentiators between a personal injury claim and a workers’ compensation claim.

Typically, your attorney will need to prove that your employer or another party acted negligently to file a personal injury claim. If negligence played a role in your accident and you suffered injuries as a result, you may be entitled to additional compensation. 

Don’t Let a Construction Accident Derail Your Future — Ask4Sam

If you’ve suffered injuries during a construction accident and believe that negligence was a factor, you may be able to file a personal injury claim.

At Silberstein & Miklos, P.C., we never back down from a fight and are prepared to do whatever it takes to hold negligent parties accountable. Our team will take time to learn what you’ve endured and how your injuries have impacted your life.

A proven record

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