Queens job sites, and the Labor Law that protects you
New York has some of the strongest construction worker protections in the country. If you were hurt on a job site in Queens, you may have rights well beyond what workers' compensation provides.
Queens has been under sustained development for years, from the high-rise towers in Long Island City and Astoria to infrastructure work along the Van Wyck and rebuilding at Willets Point. Those sites run with many trades on them at once, which is exactly the situation the Labor Law was written for.
Labor Law §240, the scaffold law
Labor Law §240(1) applies to elevation-related hazards: falls from scaffolds, ladders, roofs and openings, and injuries from objects falling from above. It places responsibility on owners and general contractors to provide proper protection, and where it applies, that responsibility is not reduced by an argument that the worker was partly careless.
Labor Law §241(6) and §200
Section 241(6) allows a claim where a specific safety provision of the New York Industrial Code was violated, covering things like debris, unsafe walkways and inadequate protection. Section 200 reflects the general duty to provide a reasonably safe place to work.
Workers' compensation is usually not the whole picture
Workers' compensation generally bars suing your own employer directly, and it pays regardless of fault. It does not pay for pain and suffering. But most job sites involve more than one company, and a claim may exist against a property owner, general contractor, or another contractor on the site. Those are third-party claims, and they exist alongside your compensation claim rather than replacing it.
We also represent undocumented workers. Immigration status does not remove these protections.
Deadlines
Three years generally applies to the injury claim under CPLR 214. Workers' compensation has its own separate and much shorter notice requirements, and public projects can carry a 90-day notice of claim requirement.
Frequently asked questions
What protections does New York law give injured construction workers?
New York Labor Law §240, the scaffold law, and §241(6) place specific safety duties on owners and contractors for elevation-related and other construction hazards. These claims are separate from workers' compensation and can provide recovery it does not.
Can I bring a claim if I already receive workers' compensation?
Often yes. Workers' compensation generally bars suing your own employer and does not pay for pain and suffering, but most job sites involve other companies, such as a property owner or general contractor, against whom a separate third-party claim may exist.
Can undocumented workers bring a construction injury claim?
Yes. Immigration status does not remove New York's Labor Law protections for injured construction workers.
