Construction Accidents
New York Construction Accident: Workers' Comp, Lawsuit, or Both?
Jonathan Fuzailov, Esq.
August 10, 2026 · 5 min read
New York's Labor Law gives construction workers protections most states don't. You may be able to sue even while collecting workers' comp.
Workers' comp is just the floor
Workers' compensation pays medical bills and a portion of lost wages without proving fault — but it does not pay for pain and suffering, and you generally cannot sue your own employer. That is not the end of the analysis.
The Scaffold Law (Labor Law 240)
New York holds property owners and general contractors absolutely liable when a worker is hurt in a gravity-related accident — a fall from a ladder or scaffold, or being struck by a falling object. If safety devices were missing or failed, they pay, regardless of the worker's own negligence.
Labor Law 241 and 200
Section 241(6) allows suits based on specific Industrial Code violations, and Section 200 covers general worksite safety. These claims target owners, general contractors, and subcontractors — not your direct employer — so they can proceed alongside your comp claim.
Third parties beyond the site
Defective equipment, negligent subcontractors, and careless delivery drivers can all be sued directly. A full investigation often reveals two or three viable defendants where the worker assumed there were none.
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Hurt in a construction accident in New York? Talk to a lawyer today.
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