New York City Construction Accident Lawyers

Your Rights After a New York Construction Accident

After a construction accident, you may have important legal rights beyond basic benefits. In the right case, you may be able to pursue compensation for the full impact the injury has had on your life.

Your recoverable damages may include:

• Medical expenses
• Future medical treatment and rehabilitation
• Lost wages
• Loss of future earning ability
• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Wrongful death damages for surviving family members

Every case is different. Your legal options may depend on where the accident happened, what type of work was being performed, who controlled the site, what safety devices were or weren’t provided, and whether New York Labor Law protections apply. Whether your accident happened on a high-rise project in Manhattan, a renovation in Brooklyn, roadway work in Queens, or a development site in the Bronx or Staten Island, we can evaluate whether you have a valid third-party claim.

New York Labor Law Protections for Construction Workers

New York has enacted specific statutes that go well beyond general negligence principles to protect construction workers. Sections 200, 240(1), and 241(6) of the New York Labor Law are central to many construction accident claims, and which provisions apply can significantly affect what compensation may be available.

Labor Law Section 240(1): The Scaffold Law

Section 240(1), commonly called the Scaffold Law, imposes strict liability on property owners and general contractors for elevation-related accidents. Strict liability means a defendant can be held responsible even without proof of direct fault. If a worker falls from a ladder, scaffold, roof, or other elevated surface, or is struck by a falling object that should have been secured, Section 240(1) may apply. Property owners and contractors can be held liable even if they weren’t present at the time of the accident or directly involved in the injured worker’s task.

Labor Law Section 241(6): Industrial Code Violations

Section 241(6) requires property owners and contractors to comply with specific provisions of the New York State Industrial Code (Rule 23). It applies to construction, demolition, and excavation work and covers a broad range of hazards, including trip and fall accidents, slip and falls, unguarded machinery, demolition accidents, and scaffold accidents. Unlike Section 240(1), a Section 241(6) claim requires identifying a specific Industrial Code provision that was violated.

Labor Law Section 200: General Duty of Care

Section 200 codifies the common-law duty to maintain a reasonably safe work environment. It applies when the defendant had supervisory control over the work or the premises and knew or should have known of the dangerous condition. Unlike the strict liability standard of Section 240(1), a Section 200 claim focuses on what the defendant knew and what a reasonable party would have done to address the hazard. These claims often arise from dangerous site conditions such as defective flooring, inadequate lighting, or unguarded trenches. In many construction accident cases, we pursue claims under Sections 200, 240(1), and 241(6) in combination, depending on the facts and the roles each party played on the site.

Certain one- and two-family homeowners who don’t direct or control the work may be exempt from liability under Sections 240 and 241(6), though exceptions apply depending on the specific facts. Our attorneys evaluate which provisions apply to each case and pursue all available theories of recovery.

What to Expect in a New York Construction Accident Case

A third-party claim typically begins with a detailed investigation into how the accident happened, who was involved, and what evidence can be preserved.

When you hire Godosky & Gentile, we begin by:

• Reviewing how the accident occurred
• Identifying all potentially responsible parties
• Gathering incident reports, photographs, and witness information
• Examining contracts, site responsibilities, and safety practices
• Reviewing medical records and the full extent of your injuries
• Consulting with qualified professionals when needed

We handle communication with insurance companies and defense counsel, build the evidence needed to support your claim, and pursue a resolution that reflects the seriousness of your injuries and losses. Some cases resolve through settlement; others require litigation and trial preparation. Throughout the process, we keep you informed so you understand what’s happening and what to expect next.

Construction accidents often involve multiple parties, including contractors, property owners, and equipment manufacturers. Our attorneys can investigate what happened and pursue compensation through a third-party personal injury claim.