19 Mar Workers’ Comp for Construction Workers in NY

Workers’ Compensation for Construction Workers in New York

Construction is one of the most dangerous industries in the United States, and New York is no exception. Falls, equipment accidents, electrocutions, and being struck by falling objects are daily hazards on construction sites. When a construction worker is injured on the job, understanding workers’ compensation rights — and potential additional claims — is essential to securing the financial support needed to recover.

Workers’ Compensation Coverage for Construction Workers

Almost all construction workers in New York are covered by workers’ compensation insurance, regardless of whether they are classified as full-time, part-time, or temporary workers. Workers’ compensation provides medical benefits to cover all reasonable and necessary medical treatment for work-related injuries, as well as weekly wage replacement benefits if your injuries prevent you from working. These benefits apply regardless of fault — meaning you can receive them even if you contributed to the accident.

Common Construction Site Injuries

Construction workers face unique risks every day. The most common causes of serious construction site injuries include falls from heights (scaffolding, ladders, roofs, and floors), being struck by falling tools, materials, or equipment, electrocution from unguarded power lines or faulty wiring, being caught in or between machinery or equipment, and trench collapses. These accidents frequently cause severe, life-altering injuries including traumatic brain injuries, spinal cord injuries, amputations, severe fractures, and burn injuries.

New York Labor Law: Additional Protection for Construction Workers

New York offers construction workers some of the strongest legal protections in the country through its Labor Law statutes. These laws — particularly Labor Law §200, §240, and §241(6) — impose specific duties on property owners and general contractors regarding worker safety and can provide a basis for a personal injury lawsuit in addition to workers’ compensation.

Labor Law §240 – The Scaffold Law

New York Labor Law §240, commonly known as the Scaffold Law, provides absolute liability for owners and contractors when a worker is injured due to a fall from an elevation or an injury from a falling object. “Absolute liability” means that if the owner or contractor failed to provide adequate fall protection equipment, they are liable — even if the worker was partially negligent. This is one of the most powerful legal protections available to injured construction workers in New York.

Labor Law §241(6) – Industrial Code Violations

Labor Law §241(6) imposes a duty on owners and contractors to comply with specific industrial code safety regulations. When a violation of these regulations contributes to a worker’s injury, the owner and contractor may be held liable. Unlike the Scaffold Law, §241(6) claims require proof that the specific code violation was a proximate cause of the injury.

Why Workers’ Compensation Alone May Not Be Enough

While workers’ compensation provides important benefits, it does not compensate injured workers for pain and suffering — one of the most significant damages in a serious injury case. Workers’ compensation also limits wage replacement to two-thirds of your average weekly wage. For seriously injured construction workers, these limitations can mean receiving far less than the true cost of your injuries.

This is why it is critical to explore whether you have additional legal claims — particularly under New York Labor Law or against third parties such as equipment manufacturers or subcontractors — that can provide full compensation for all your damages, including pain and suffering.

Filing Your Workers’ Compensation Claim

If you are injured on a construction site, report the injury to your employer immediately. Seek medical attention and ensure that your medical records document that the injury occurred at work. File a C-3 form (Employee Claim) with the New York Workers’ Compensation Board. Preserve all evidence related to the accident, including photographs and witness information.

Contact Our Construction Accident Attorneys

At Tannenbaum, Bellantone & Silver, P.C., we have extensive experience representing injured construction workers on Long Island and throughout New York. We understand both the workers’ compensation system and New York’s Labor Law, and we fight to maximize every client’s recovery. If you were injured on a construction site, contact us today for a free consultation.