New York Construction Accident Claims
New York gives construction workers protections that exist in almost no other state. Labor Law 240, Labor Law 241(6), and Labor Law 200 each create a different route to recovery against owners and general contractors, and they operate alongside a workers compensation claim rather than instead of one. Which section applies turns on the mechanism of the injury, not on the job title of the person hurt. Law Offices Of SRIS, P.C. handles New York construction injury claims. Call (888) 437-7747.
Three Sections, Three Different Tests
Labor Law 240, often called the scaffold law, addresses elevation-related risks and imposes absolute liability on owners and contractors when a required safety device is absent or fails. Labor Law 241(6) requires a violation of a specific, concrete provision of the Industrial Code, and comparative fault remains available to the defense. Labor Law 200 codifies the common-law duty to provide a safe workplace and generally requires proof that the defendant supervised or controlled the work, or created or knew of the dangerous condition.
Why the Compensation Claim Is Not the End
Workers compensation pays medical treatment and a portion of lost wages but does not pay for pain and suffering, and it does not permit a suit against the employer. The Labor Law claim runs against the owner and the general contractor, who are usually not the injured worker’s employer. Pursuing both in parallel is standard, and the compensation carrier will assert a lien against any third-party recovery, which has to be addressed before a case resolves rather than after.
Frequently Asked Questions
Can I sue if I am receiving workers compensation?
Generally not against your employer, but the Labor Law claim runs against the property owner and the general contractor. Those are usually different entities, and both claims commonly proceed at the same time.
Does it matter that I was partly at fault?
It depends on the section. Under Labor Law 240 a worker’s comparative fault is generally not a defense where a required safety device was absent or failed. Under 241(6) and 200, comparative fault can reduce a recovery.
What if I am undocumented?
Immigration status does not bar a Labor Law claim. Courts have limited how status may be used, and attempts to inject it into a case are frequently improper. It should be raised with counsel early so it can be handled correctly.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a record and reads the other side’s file. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the documentary and financial side of an injury claim, from billing records to wage loss. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together, with the division of work set at the start of the engagement.
Speak With Mr. Sris
Request a consultation. Reach our location at (888) 437-7747. Bring the police or incident report, the name of every provider who has treated you, your no-fault claim number if one was opened, and any correspondence from an insurer. That material lets the first conversation move past intake.
No attorney fee unless we recover. Clients may be responsible for case expenses.
Last updated: August 25, 2026
This page provides general information about New York personal injury law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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