Construction Accident Lawyer New York

Construction sites in New York involve elevation, heavy equipment, and shifting conditions that create injury risks not found in most other workplaces. Falls from scaffolding, ladders, and roofs, along with accidents involving cranes, excavation, and falling materials, account for a significant share of the serious injuries that occur on New York job sites. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor, and Mr. Sris and the firm’s Of Counsel attorneys work to apply New York’s construction safety statutes to the facts of a specific job site incident, since these laws impose duties on owners and contractors that go beyond ordinary negligence principles. Call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.

What a Construction Accident Claim Means in New York

New York’s Labor Law contains several provisions specific to construction work. N.Y. Lab. Law § 240 requires contractors, owners, and their agents to furnish and properly place safety devices such as scaffolding, hoists, ladders, and braces to protect workers from elevation-related risks, and it sets specific requirements for safety rails on elevated scaffolding and for the load-bearing capacity of scaffolding. New York courts have interpreted this duty as applying without regard to a worker’s own negligence in many circumstances, though the statute’s own text does not use the words “strict” or “absolute” liability; that characterization comes from case law interpreting the statute, not from the statute itself.

N.Y. Lab. Law § 241 applies to construction, excavation, and demolition work and imposes specific flooring and shaftway-guarding requirements, along with a broader duty under subdivision 6 requiring that work areas be constructed, equipped, and operated to provide reasonable and adequate protection to workers, consistent with rules the Commissioner is authorized to adopt. N.Y. Lab. Law § 200 sets out a more general duty requiring that places covered by the Labor Law be constructed and operated to provide reasonable and adequate protection to the health and safety of workers and others lawfully present. Both sections 240 and 241 exempt owners of one- and two-family dwellings who contract for but do not direct or control the work.

A construction accident claim is generally subject to the three-year personal injury period under N.Y. C.P.L.R. § 214(5). Because Labor Law claims fall under Labor Law article 10, N.Y. C.P.L.R. § 1602(8) excepts them from the Article 16 limitation on non-economic damages, and comparative fault in these cases is generally addressed under the proportional-reduction rule in N.Y. C.P.L.R. § 1411(a), which applies to Labor Law claims as part of the general rule governing claims not arising from a motor vehicle.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Construction Accident Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a construction accident case by identifying which Labor Law provisions apply to the specific hazard involved, since a fall from an elevated surface, an excavation collapse, and a general site hazard can each implicate different statutory duties and different potentially responsible parties, including the property owner, the general contractor, and subcontractors.

Because Labor Law cases often turn on whether required safety devices were furnished and properly used, Mr. Sris and the firm’s Of Counsel attorneys work to gather site safety records, incident reports, witness accounts, and any available photographs or video of the conditions at the time of the accident. Identifying who directed and controlled the work is also important, since certain duties depend on that relationship.

Workers’ compensation considerations often arise alongside a Labor Law claim, since an injured construction worker’s claim against a party other than their direct employer proceeds separately from any workers’ compensation benefits. Mr. Sris and the firm’s Of Counsel attorneys work to coordinate these related processes while pursuing the civil claim, communicating with insurance carriers and defense counsel and preparing for litigation where a fair resolution cannot be reached. The firm does not guarantee a particular outcome.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems has been applied to complex financial and technology-related cases across the firm’s practice.

Attorneys who work with Mr. Sris contract directly with the firm as Of Counsel and are referred to collectively as Mr. Sris and the firm’s Of Counsel attorneys. They handle personal injury matters, including construction accident claims under New York’s Labor Law, across the jurisdictions where the firm is authorized to practice. The firm maintains 24/7 phone intake so an injured worker or a family member can reach the firm at any hour, with case matters handled through scheduled appointments.

In a construction accident case, the approach centers on matching the specific hazard involved to the applicable Labor Law provision and documenting the site conditions and the injury thoroughly. Mr. Sris and the firm’s Of Counsel attorneys evaluate each case on its own facts rather than offering predictions about how a particular claim will resolve.

Frequently Asked Questions

What does New York’s “scaffolding” law actually require?

N.Y. Lab. Law § 240 requires contractors, owners, and their agents to furnish and properly place safety devices such as scaffolding, hoists, ladders, and braces so as to give proper protection to workers exposed to elevation-related risks, and it sets specific requirements for safety rails and load capacity on certain scaffolding. Courts have applied this duty broadly in elevation-related injury cases.

Can I bring a Labor Law claim if I already received workers’ compensation benefits?

Often, yes, depending on who is being held responsible. A Labor Law claim against a property owner, general contractor, or other party who is not the injured worker’s direct employer generally proceeds separately from workers’ compensation benefits, though the specific facts and parties involved determine how these claims interact.

What is the difference between Labor Law §§ 240, 241, and 200?

Section 240 addresses elevation-related risks and specific safety devices. Section 241 addresses construction, excavation, and demolition work, including flooring and shaftway requirements and a general duty to provide reasonable and adequate protection. Section 200 sets out a broader general duty to provide reasonable and adequate protection to health and safety at covered work sites.

How long do I have to bring a construction accident claim in New York?

A construction accident personal injury claim generally must be commenced within three years under N.Y. C.P.L.R. § 214(5). The specific facts of the incident, including whether a government entity is involved, should be reviewed to confirm the applicable deadline.

Does it matter if I was partly responsible for the accident?

Comparative fault under N.Y. C.P.L.R. § 1411(a) can reduce recovery in proportion to fault attributed to the injured worker in many Labor Law claims. Courts have also held that certain conduct does not defeat liability under section 240 in the same way it might under an ordinary negligence claim, depending on the circumstances.

Related Pages

• Construction Site Injury Lawyer New York
• Catastrophic Injury Lawyer New York
• Amputation Lawyer New York
• Wrongful Death Lawyer New York

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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A construction accident claim is one part of a wider personal injury practice, and our page on personal injury lawyer New York covers how these claims are handled.