CONSTRUCTION
ACCIDENT
FAQ’S
CONSTRUCTION
ACCIDENT
FAQ’S
Construction Accident FAQ For New York
New York construction accident FAQ answers the questions injured workers ask most — including who they can sue, what Labor Law §240 means for their case, how workers’ compensation and a third-party lawsuit work together, and what deadlines they must meet. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has answered these questions in person for construction workers and their families for more than 30 years. This page provides clear, plain-language answers based on New York law as it actually applies to construction accident cases.
New York City recorded 638 construction incidents and 7 fatalities in 2024. Across New York State, 74 workers died in construction accidents in 2023 — a 48% spike from the prior year. Falls are the leading cause, accounting for 58% of all NYC construction fatalities. Most injured workers receive far less compensation than they are entitled to — not because the law does not protect them, but because they did not know which questions to ask or which deadlines to meet. This FAQ is designed to change that. For a direct answer about your specific situation, call Brett Nomberg any time at (212) 808-8092.
New York’s construction accident legal framework is built on three pillars: workers’ compensation (medical and lost wage coverage from your employer’s insurer, no fault required); third-party liability claims under Labor Law §240, §241(6), and §200 (against property owners, general contractors, and subcontractors — no cap on damages); and product liability (against equipment manufacturers for defective tools or machinery). If a public entity controls the job site, a Notice of Claim under General Municipal Law §50-e must be filed within 90 days. Private claims under CPLR §214 must be filed within three years.
Frequently Asked Questions About New York Construction Accidents
| Question | Answer |
|---|---|
| Can I sue after a construction accident in New York? | Yes — but it depends on who you sue. You generally cannot sue your direct employer if you are receiving workers’ compensation. However, you can file a third-party lawsuit against the property owner, general contractor, subcontractors, equipment manufacturers, and others whose negligence contributed to the accident. |
| What is Labor Law §240 and does it apply to my case? | Labor Law §240 — the Scaffold Law — imposes absolute liability on property owners and contractors for falls from height and falling object injuries on construction sites. If you fell from a scaffold, ladder, roof, or floor opening, or were struck by a falling object, §240 likely applies — and the owner and contractor cannot escape liability by arguing you were partly at fault. |
| Can I file both a workers’ compensation claim and a lawsuit at the same time? | Yes. Workers’ compensation from your employer’s insurer and a third-party personal injury lawsuit are completely separate legal processes. You can receive both simultaneously. Workers’ comp covers your immediate medical bills and partial wages. The third-party lawsuit pursues full compensation — including pain and suffering — from all other responsible parties. |
| What is the deadline to file a construction accident lawsuit in New York? | Three years from the accident date for private parties under CPLR §214. If a government entity owns or controls the job site, a Notice of Claim must be filed within 90 days under GML §50-e. Missing the 90-day deadline bars your claim against that public entity permanently — even if your injuries are severe and undisputed. |
| I work for a subcontractor. Can I sue the general contractor or property owner? | Yes. Labor Law §240 and §241(6) liability flows directly to property owners and general contractors regardless of which subcontractor employed you. These laws were specifically designed to hold the parties with the most control over job site safety responsible for worker injuries. |
| Does my immigration status affect my right to file a claim? | No. New York’s Labor Law protections apply to all workers performing covered construction work regardless of immigration or documentation status. Courts have consistently upheld these rights. Workers’ compensation also applies to all workers, documented or undocumented. |
| What if my construction accident was caused by defective equipment? | You may have a product liability claim against the equipment manufacturer, distributor, or rental company in addition to your Labor Law claims. Brett Nomberg evaluates product liability and Labor Law claims together to identify and pursue every available source of compensation. |
| What does “absolute liability” under §240 mean in practice? | It means the property owner and contractor are responsible for your injuries if required safety protection was not provided — period. They cannot reduce their liability by arguing you were also negligent, failed to use equipment properly, or assumed the risk of the work. Comparative fault is not a defense under §240. |
| What is the homeowner exemption under §240? | Owners of one- and two-family dwellings who do not direct or control the construction work are exempt from §240 and §241(6) liability. This exemption is narrow — it does not apply to landlords, investors, absentee property owners, or any homeowner who actively supervised the work. |
| What evidence should I preserve after a construction accident? | Photograph the accident scene immediately — scaffold, ladder, floor opening, missing guardrails, or equipment involved. Collect co-worker contact information. Save all medical records, incident reports, and any communications with your employer or general contractor. Do not allow the job site to be cleaned up or repaired without documentation. Contact Brett Nomberg immediately — job site evidence is often destroyed or altered within days. |
| What is Labor Law §241(6) and how is it different from §240? | Labor Law §241(6) requires property owners and general contractors to comply with specific safety rules in the New York State Industrial Code. Unlike §240’s absolute liability, a §241(6) claim requires showing that a specific code provision was violated and caused the injury. It covers a broader range of hazards including floor conditions, equipment operation, electrical safety, and excavations. |
| What is Labor Law §200? | Labor Law §200 codifies the common-law duty to provide construction workers with a reasonably safe workplace. It applies when the defendant had authority to control the work or the hazardous condition. Unlike §240 and §241(6), §200 requires proving the defendant knew or should have known about the dangerous condition. |
| Can OSHA violation records be used in my construction accident lawsuit? | Yes. OSHA inspection reports, citations, and violation histories are discoverable and can be used as evidence of negligence and Labor Law §241(6) violations. A prior OSHA citation for the same hazard type proves the condition was known and foreseeable — significantly strengthening your claim. |
| What if my injury happened on an MTA, Port Authority, or NYCHA job site? | A Notice of Claim must be filed with the specific public authority within 90 days of the accident. The MTA, Port Authority, and NYCHA each have their own claims procedures. Missing this deadline permanently bars your claim against that agency. Brett Nomberg files all required notices immediately after engagement. |
| How much is a New York construction accident case worth? | There is no standard value — it depends on the severity of your injuries, your pre-injury earnings, the extent of permanent disability, the degree of Labor Law violation, and the number of liable parties. Brett Nomberg’s construction accident results include $3.65 million for a construction accident and $3.2 million for a Queens construction worker. See the full record at his verdicts and settlements page. |
| Do I need to be a union member to pursue a Labor Law §240 claim? | No. Labor Law §240 and §241(6) apply to all workers performing covered construction work — union, non-union, temporary, and undocumented. The protections are tied to the type of work being performed, not union membership. |
| What is the NYC DOB and how does it relate to my construction accident? | The New York City Department of Buildings (DOB) regulates construction activity in the five boroughs, conducts site safety inspections, and maintains public records of violations in DOB NOW. DOB inspection records and violation histories are regularly subpoenaed in construction accident litigation as evidence of safety failures. |
| What injuries most commonly result from New York construction accidents? | Traumatic brain injury (TBI), spinal cord damage, bone fractures, crush injuries, burns, amputations, and in the most serious cases, wrongful death. See Brett Nomberg’s practice pages for brain injury, spinal cord injury, burn injury, and wrongful death. |
| What does it cost to hire Brett Nomberg for a construction accident case? | Nothing unless he wins. Brett Nomberg handles all construction accident cases on a contingency fee basis. There are no upfront fees, no retainer, and no legal costs unless your case results in a recovery. |
About Brett J. Nomberg
Brett J. Nomberg has practiced personal injury and construction accident law in New York for more than 30 years. He personally manages every case — clients speak directly with Brett, not a paralegal or junior associate. He is available 24 hours a day, 7 days a week, including weekends and holidays. His construction accident results include $3.65 million for a construction accident and $3.2 million for a Queens construction worker. He also handles workers’ compensation, traumatic brain injury, and wrongful death cases arising from job site accidents. Learn more at his attorney profile page.
Still Have Questions About Your New York Construction Accident? Call Brett Nomberg Now — 24/7.
The answers to these questions only go so far — your specific facts change everything. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24 hours a day, 7 days a week — or reach us through our online contact page. There is no fee unless we win.