Workplace Injury — New York

Workplace Injury in New York — Your Rights Under New York Law

New York has some of the strongest worker protection laws in the country, including the famous Labor Law § 240 (the Scaffold Law) which creates absolute liability for gravity-related injuries on construction sites.

Statute of Limitations

New York workers compensation: report injury immediately, file within 2 years. Labor Law § 240 personal injury claims: 3 years (CPLR § 214). If a government property was involved: Notice of Claim within 90 days.

New York Labor Law § 240 — The Scaffold Law

New York Labor Law § 240 (the 'Scaffold Law') imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites — falls from ladders, scaffolds, and falling objects. If you were injured in a gravity-related incident on a New York construction site, the property owner and general contractor are liable regardless of whether you were partly at fault. This is one of the most powerful worker protection laws in the country.

New York-Specific Tip

New York Labor Law § 241(6) also provides strong protection for construction workers injured due to violations of Industrial Code safety regulations, even if you cannot use the § 240 absolute liability standard. Many New York workplace injury cases involve both § 240 and § 241(6) claims simultaneously.

📊 New York City's construction boom has driven a significant increase in construction site injuries. New York's Labor Law § 240 produces some of the largest construction injury verdicts in the country.

What To Do After a Workplace Injury in New York

1

Report the injury to your supervisor immediately

2

Seek medical attention immediately

3

If you were injured in a construction site fall, contact a New York Labor Law attorney immediately — § 240 claims require prompt action

4

File a workers compensation C-3 Employee Claim form

5

Document the specific equipment involved — scaffold, ladder, hoist — and whether it was properly secured

6

Get witness contact information

7

Contact a New York workplace injury attorney to evaluate both workers comp and potential Labor Law claims

Frequently Asked Questions — Workplace Injury in New York

What is New York's Scaffold Law?

New York Labor Law § 240 imposes absolute liability on property owners and general contractors for gravity-related construction injuries — falls from heights or injuries from falling objects. Unlike standard negligence, you do not need to prove the defendant was at fault — only that the injury was gravity-related and proper safety equipment was not provided or was defective.

Can I sue my employer for a New York workplace injury?

Generally workers compensation is the exclusive remedy against your direct employer. However if you were injured on a construction site, you may have claims against the property owner and general contractor under Labor Law §§ 200, 240, and 241(6) — even if your employer carries workers comp. These third-party claims are separate from and in addition to workers comp.

What workers compensation benefits does New York provide?

New York workers comp provides: medical treatment, 2/3 of your average weekly wage (up to a statutory maximum) for temporary total disability, permanent partial disability benefits, and death benefits for surviving dependents at 2/3 of the deceased's average weekly wage.

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