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No fee unless we win
Free Consultation
Admitted in New York
Spanish-language support available
Founded 2014 — Alla Kleban, Esq. practicing since 2009
If you were hurt on a construction site in New York, you may have legal protections that don't exist anywhere else in the country. Labor Law §240 and §241 can hold property owners and general contractors strictly liable for your injuries — even if they had nothing to do with the specific work that caused the accident. Kleban Law Group handles construction accident and labor law cases throughout New York City, Nassau County, and Long Island. No fee unless we recover for you.
New York's Scaffold Law and Labor Law §241(6)
Labor Law §240 — New York's Scaffold Law — imposes absolute liability on property owners and general contractors when a worker is injured in a fall from height or struck by a falling object on a construction site. The injured worker does not need to prove the owner or contractor was careless. They are required to provide proper safety equipment, and if they fail and you're hurt, they're liable.
Labor Law §241(6) requires owners and contractors to comply with New York's Industrial Code — detailed safety regulations covering scaffold specifications, lighting, and more. A specific code violation that caused your injury is strong grounds for recovery.
These statutes are why New York construction cases consistently produce some of the largest personal injury recoveries in the state — and why you need a lawyer who knows exactly how to apply them.
Construction Accident Types We Handle
Falls from Height
Falls from scaffolding, ladders, rooftops, elevated platforms, and open floors — often governed directly by Labor Law §240.
Falling Objects
Tools, materials, and debris falling from height and striking workers below — also covered under §240's protection against gravity-related hazards.
Scaffold Collapses
Scaffold failures from improper assembly, inadequate materials, or overloading. Owners and GCs have a non-delegable duty to ensure scaffolding is safe.
Exposed wiring, overhead power lines, and defective electrical equipment. Liability may extend to the utility company, site owner, and subcontractors.
Trench and Excavation Collapses
OSHA requires specific protections for trench workers. When these are ignored, the results can be fatal. OSHA investigation records often become critical evidence.
Two Tracks of Recovery: Workers' Comp and Your Third-Party Claim
Workers' compensation pays your medical bills and a portion of lost wages from your employer — but it doesn't cover pain and suffering, and it doesn't prevent you from suing the property owner, general contractor, or other third parties whose violations caused your injury. That third-party claim — especially one built on Labor Law §240 — is where the real case value lies. We pursue both tracks and manage the workers' comp lien so it doesn't swallow your recovery.
Recent Construction Accident Results
Over the past three years, our construction accident settlements have included:
Mediated settlements ranging from $750,000 to $1,500,000 Pre-trial settlements (reached before jury selection) ranging from $2,575,000 to $3,689,000
These cases involved incidents on scaffolds, elevated platforms, and ladders. *Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Does it matter if I'm undocumented?
No. New York's Labor Law protections apply to all workers on construction sites regardless of immigration status. Being undocumented does not prevent you from filing workers' comp or bringing a third-party lawsuit under §240 or §241.
Does a third-party lawsuit affect my workers' comp benefits?
No — you can pursue both at the same time. Workers' comp pays medical bills and partial wages regardless of fault. A third-party lawsuit can recover additional damages. If you recover in the lawsuit, the workers' comp carrier has a lien on the recovery — we manage that process.
Who can be held liable for a construction accident?
Under Labor Law §240 and §241, liability falls on the property owner and general contractor — even if they had nothing to do with the specific work. Subcontractors and equipment manufacturers may also be liable.
What evidence should I preserve?
Photograph the accident location, equipment involved, and your injuries. Keep all incident reports. Do not allow removal of equipment until our attorney evaluates it. OSHA investigation records are also important — we help obtain them.
How long do I have to file?
Three years from the date of injury in most cases. If a municipal property is involved, you may have as little as 90 days to file a Notice of Claim. Do not delay.
What if my employer pressures me not to report?
You have the right to report your injury and file for workers' comp regardless. Retaliation for filing is illegal in New York. Tell your attorney immediately if you face any pressure.
Can I recover if I was partly at fault?
Under Labor Law §240, the worker's contributory negligence is generally not a defense available to the owner or contractor. This is a core protection of the statute.
Construction Accident Lawyers Serving New York
Construction accident lawyers in New York City — Manhattan, Brooklyn, Queens, Bronx, Staten Island.
Construction accident lawyers in Long Island — a major construction corridor for our practice.
Construction accident lawyers in Nassau County — serving workers across the county.
Construction accident lawyers in Valley Stream — local representation for the area.
Injured on a Construction Site? Get a Free Case Review.
Construction accident cases move quickly — evidence can disappear and deadlines are strict. Call (866) 263-4529 now or fill out our short form. The consultation is free and confidential.
Office hours: Monday–Friday, 9am–5pm · 16 S Central Avenue, Valley Stream, NY 11580
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