The Frankel Law Firm

Since 1978 · Attorney Advertising

NYC Construction Accident Lawyer

If you were hurt on a New York City job site — a fall from a height, a collapsing platform, falling debris, a machine that failed, or work that left you with serious injuries — get medical care first. Then preserve what you can: photographs of the place, the names of people who saw what happened, and any report you were asked to sign. Call The Frankel Law Firm. There is no fee to speak with us or for us to evaluate a potential case.

Construction work across New York City

New York City builds across all five boroughs — high-rise cores, mid-rise renovations, warehouse conversions, sidewalk sheds, infrastructure work, and interior fit-outs that still require scaffolding, lifts, ladders, and heavy materials. Job sites appear in Manhattan towers, Queens transit corridors, Bronx residential strips, Brooklyn waterfront work, and Staten Island commercial renovations. Accidents on those sites can injure workers and, at times, people nearby.

Fact patterns vary. A worker may fall from a scaffold or ladder. Debris may drop onto a sidewalk shed. A hoist, lift, temporary floor opening, or incomplete guardrail may leave someone without proper protection. Crowded staging areas and weather appear in real city matters. The legal path that may apply depends on who was hurt, who controlled the work, what safety measures were present or missing, and whether the defendant is a private owner, general contractor, subcontractor, or public entity.

Citywide job-site injuries raise facts that can differ by borough and by who owned or controlled the work. For the broader Labor Law overview and workers’ compensation versus third-party questions, see construction accidents. If the injury involved a scaffold, ladder, hoist, or other elevation device, see New York City scaffold accident lawyer. Call The Frankel Law Firm to talk through what happened.

Borough construction accident lawyers

If you already know the borough, see Queens construction accident lawyer, Manhattan construction accident lawyer, or Bronx construction accident lawyer. Unsure which fits? Call The Frankel Law Firm and give the job address or cross streets.

New York Labor Law §§ 200, 240(1), and 241(6)

New York’s Labor Law supplies several statutes that may apply when someone is hurt in connection with construction, demolition, or related work — including work on New York City sites. Whether any section applies — and against whom — depends on the facts of the job and the injury. The Frankel Law Firm reviews those facts with you. The summary below is general information only.

Labor Law § 200

Section 200 is often described as a codification of a common-law duty to provide a reasonably safe place to work. Claims under § 200 may turn on who directed or controlled the work, who created or had notice of a dangerous condition, and how the injury happened. It is not automatic, and it is not the same analysis as an elevation claim under § 240(1).

Labor Law § 240(1)

Section 240(1) — often called the Scaffold Law — addresses certain elevation-related hazards and the duty to furnish safety devices such as scaffolding, hoists, ladders, and other devices that may be needed to give proper protection. Courts apply it case by case. It may apply to some falls from a height or some injuries from falling objects; it does not apply to every construction injury, and it is not accurate to say that every fall is a § 240 case or that liability is always absolute. Owners and contractors often dispute whether the hazard was elevation-related, whether the device was adequate, and whether the injured person’s conduct affects the claim.

If your injury involved a scaffold, ladder, or other elevation device on a New York City job, see New York City scaffold accident lawyer for a deeper elevation focus, and call The Frankel Law Firm.

Labor Law § 241(6)

Section 241(6) may support a claim when a specific Industrial Code rule that sets a concrete safety standard was violated and that violation contributed to the injury. Which Code provisions matter, and whether they were violated, is fact-dependent. Owners and contractors often dispute both the rule and causation.

For §§ 200, 240(1), and 241(6) together, see construction accidents. Talk to The Frankel Law Firm before assuming which statute — if any — fits your facts. Do not rely on a website summary to decide whether you have a Labor Law claim.

Workers and people nearby

A construction accident on a New York City site can injure a worker on the job and a pedestrian, neighbor, or visitor nearby — under a sidewalk shed, living next to a renovation, or passing a staging area. Those two people may face different legal paths. Workers often have workers’ compensation from their own employer and, depending on the facts, may also have third-party claims against others who controlled the work or created a hazard. A bystander generally is not on a workers’ compensation track for that job, but may still have claims against responsible parties under other theories.

Say clearly, when you call, whether you were a worker on the job or someone nearby. That distinction helps the firm ask the right first questions. It does not decide the outcome of any claim.

Workers’ compensation and third-party claims

For many injured workers, a claim against one’s own employer is a workers’ compensation matter. Workers’ compensation can provide medical benefits and wage replacement under its own rules. It is generally not the same thing as a lawsuit for full pain-and-suffering damages against the employer.

Separately, an injured worker may have a third-party claim against an owner, general contractor, subcontractor, equipment supplier, or another entity that is not the worker’s employer. New York Labor Law claims are often framed as third-party claims of that kind. Whether both tracks are available, how they interact, and who may be sued turn on the facts of the job.

For workers’ compensation versus third-party claims in construction, see construction accidents. Ask The Frankel Law Firm to review.

Evidence to preserve after a New York City job-site accident

Evidence fades. Sites are cleaned, scaffolds are struck, cameras are overwritten, and witnesses move on. When it is safe, these steps often help protect your health and a later review of the facts:

  1. Get medical care and keep every discharge paper, imaging report, and follow-up note.
  2. Photograph the scene, equipment, safety devices present or missing, your injuries, and any warning signs — date-stamp if you can.
  3. Note the address or cross streets, floor or elevation of the work, weather, and whether the structure was being erected, used, or dismantled.
  4. Write down the names, employers, and phone numbers of witnesses, supervisors, and anyone who controlled access to the area.
  5. Ask for a copy of any incident or accident report you are asked to sign; do not guess at facts you do not know.
  6. If you learn of an OSHA inspection, Department of Buildings action, or other agency report, note the date and keep any paperwork you receive — do not invent a duty to obtain records you cannot safely get.
  7. Keep pay stubs, work tickets, and any texts or emails about the job or the accident.
  8. Save damaged harnesses, hard hats, clothing, or tools in a bag rather than discarding them until you have spoken with counsel.

This checklist is not legal advice and is not a substitute for an evaluation of your facts. Safety comes first — do not re-enter a hazardous area to take photographs.

Time limits — ask before you assume

CPLR § 214 sets a three-year period for many personal-injury actions. Exceptions, discovery rules, and other statutes can change the analysis. When a public corporation is involved, General Municipal Law § 50-e generally requires a Notice of Claim within ninety days after the claim arises. Late-notice relief under § 50-e(5) is discretionary, not automatic. City-owned sites, public authorities, and certain public-entity contractors can raise notice questions that private jobs do not.

Always ask The Frankel Law Firm. Do not compute a deadline from a website summary, and do not assume that a private three-year period or a ninety-day public notice period applies to your matter.

Talk through what happened

If a construction accident on a New York City job site left you hurt, call The Frankel Law Firm. There is no fee to speak with us or for us to evaluate a potential case.

Questions about New York City construction accidents

What should I do first after a New York City construction accident?

Get medical care first. Then preserve evidence when it is safe: photographs, witness names, the job address or cross streets, and any incident report you were asked to sign. Call The Frankel Law Firm for a free evaluation. There is no fee to speak with us or to evaluate a potential case.

What is New York Labor Law § 240(1)?

Section 240(1) — often called the Scaffold Law — addresses certain elevation-related hazards and the duty to furnish proper protection. Whether it applies depends on the facts. Courts apply it case by case. If your case involves a scaffold, ladder, or other elevation device, see New York City scaffold accident lawyer and call The Frankel Law Firm.

Does § 240 apply to every fall on a New York City job?

No. Section 240(1) may apply to some falls from a height or some injuries from falling objects when an elevation-related risk and proper protection are at issue. It does not apply to every construction injury, and it is not accurate to say that every fall is a § 240 case or that liability is always absolute. Ask The Frankel Law Firm before assuming the statute fits your facts.

How do Labor Law §§ 200 and 241(6) differ from § 240(1)?

Section 200 often involves a safe-workplace / negligence analysis tied to control and notice. Section 241(6) may apply when a specific Industrial Code safety rule was violated and that violation contributed to the injury. Section 240(1) focuses on certain elevation risks. Which statute — if any — fits is fact-dependent. For the fuller overview, see construction accidents, and ask The Frankel Law Firm.

How do workers’ compensation and a third-party claim fit together?

A claim against one’s own employer is often a workers’ compensation matter. Separately, a third-party claim against an owner, general contractor, or other non-employer may be available, including under Labor Law theories. Whether both tracks apply turns on the facts. An employer is not always suable in a damages action. For the fuller overview, see construction accidents, and ask The Frankel Law Firm.

What if I was not a worker on the New York City site?

Bystanders, pedestrians, and neighbors hurt by construction activity may have different claims than injured workers. Workers’ compensation for that job usually does not apply to a bystander, but other claims against responsible parties may. Tell the firm whether you were on the job or nearby so the first questions are framed correctly.

How soon should I call if a city or public owner is involved?

When a public corporation is involved, General Municipal Law § 50-e generally requires a Notice of Claim within ninety days after the claim arises. That period can be short. Always ask The Frankel Law Firm promptly; do not compute a deadline from a website summary, and do not assume the ninety-day period — or a private three-year period — applies to your matter.

What does it cost to call The Frankel Law Firm?

There is no fee to speak with The Frankel Law Firm or to evaluate a potential New York City construction accident case. If the firm takes a matter, fee terms are explained in writing before anything is signed.

More information

Our attorneys

Michael Stewart Frankel
Reuven S. Frankel

Our offices

Manhattan
305 Broadway, 7th Floor
New York, NY 10007

Bronx
1500 Astor Avenue, 2nd Floor
Bronx, NY 10469

Phone: (212) 888-5100

Attorney advertising. Prior results do not guarantee a similar outcome. This is general information about New York City construction accidents and New York Labor Law. It is not legal advice and does not create an attorney-client relationship. Whether Labor Law §§ 200, 240(1), or 241(6), workers’ compensation, or a Notice of Claim applies depends on the facts. It is not accurate to say that every fall is a § 240 case, that liability is always absolute, or that an employer is always sueable. A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed.