If you get hurt on a construction site in New York, it’s not just another workers’ comp case — it could actually be two cases in one. Let's break down how construction cases differ, who’s actually protected, what kinds of accidents trigger the biggest claims, and the exact steps to protect your rights from day one—so you don’t leave money on the table.
New York’s Labor Laws (especially the “Scaffold Law”) give construction workers extra protection that most other workers don’t have. These laws can open the door to a third-party lawsuit on top of your comp claim — and that’s where pain and suffering, loss of enjoyment, and other big-ticket damages come into play.
But you only get those results if you handle things the right way from the start — by reporting your injury in writing, getting medical care that clearly says it happened at work, and hiring lawyers who understand both workers’ comp and construction law.
It’s not just ladder and scaffold falls that can lead to major compensation. Under New York’s Labor Law, any violation of site-safety rules can turn a regular comp case into a high-value one.
That includes accidents caused by:
When owners or contractors cut corners on safety, they open themselves up to strict liability—meaning you don’t have to prove negligence to win. And because construction sites are inherently dangerous, those violations are taken seriously.
The result? Cases involving these kinds of hazards often lead to six- or even seven-figure recoveries when handled properly.
A few quick steps right after your injury can make a huge difference in how your case turns out:
Even small actions—like saving that first text or photo—can be the thing that wins your case later.
Yes — and you should.
Your workers’ comp claim covers your medical care and part of your lost wages.
Your third-party lawsuit targets whoever else caused the accident — like a contractor, property owner, or equipment company — for pain and suffering and other losses comp doesn’t cover.
Filing both together keeps things moving. Comp pays sooner, the lawsuit pays more later, and when your lawyers coordinate, you get the best of both worlds.
If you’ve got questions about a construction injury—or you’re just not sure what to do next—give me, Rex Zachofsky, a call and we’ll figure it out together. No pressure, no pitch, just honest answers.
.jpg)
