Injured in an Construction Accident?
Nov. 4, 2025
Construction work is among the highest-risk industries in New York State. When a worker is injured on a construction site, the consequences can be severe—physically, financially and emotionally. Knowing your rights and the legal landscape is crucial, because simple workers’ compensation may not be enough, and there are unique State statutes (sometimes called the “Scaffold Law” and related laws) that impose special responsibilities on owners, contractors and site managers. In the local region of Westchester and the Hudson Valley (including Ossining, Briarcliff Manor, White Plains, Mt. Kisco, Yonkers, Peekskill and New Rochelle) construction sites abound and the same laws apply. Hiring an experienced attorney early can make a major difference.
Why you should consider hiring an attorney
Here are key reasons why hiring an attorney after a construction site accident is often strongly advisable:
Beyond workers’ compensation
When injured on the job, a worker typically has a workers’ compensation claim against their employer. That is important — it provides medical treatment, wage replacement, etc. But workers’ comp often doesn’t cover all losses (pain & suffering, full lost wages, future disability) and it may not allow you to hold non-employer parties accountable (owners, contractors, manufacturers of faulty equipment, etc.). Many law firms emphasize that construction site accident cases “require specialized knowledge of New York’s workers’ compensation laws and third-party liability claims.”
An attorney can evaluate whether you have a third-party claim (outside your employer) or a statutory claim under special New York laws (discussed below) that provide additional rights.
Complex liability and safety laws
Construction sites often involve multiple parties: owners, general contractors, subcontractors, equipment suppliers, inspectors. Liability can turn on site safety practices, equipment maintenance, supervision, job design, and whether applicable safety statutes were complied with. In New York, there are statutes like New York Labor Law § 240 and § 241 which impose strong obligations.
A lawyer experienced in these laws will know how to gather evidence (site photographs, job logs, safety training records), interview witnesses, involve safety or engineering experts, and preserve critical documentation before it disappears.
Statutory deadlines and special procedural rules
Time matters. Under New York law the statute of limitations for personal injury lawsuits is generally three years from the date of injury. But if a governmental entity is involved, or a “Notice of Claim” must be filed (for municipal sites), the deadlines can be much shorter. Mistakes or missed deadlines could forfeit your rights. An attorney ensures you don’t miss critical deadlines.
Maximizing recovery and protecting rights
An attorney can help you understand all potential sources of compensation (employer, contractor, owner, equipment manufacturer), negotiate with insurance companies, and represent you in court if needed. Because construction-site injuries are often catastrophic (falls, crushed by equipment, electrocutions), the stakes are high. Without specialized counsel, you risk settling too early or missing claims.
Local context matters
In Westchester County (cities/towns like Ossining, Briarcliff Manor, White Plains, Mt. Kisco, Yonkers, Peekskill, New Rochelle) construction activity is vibrant. Local contractors, local building owners, regional regulatory environment (Westchester County building codes + New York State laws) come into play. A local attorney will know the regional building practices, local contractors, and local courts, which is an advantage.
Key New York State Labor Laws applicable to construction accidents
Below is a summary of relevant statutes and how they apply.
1. Labor Law § 200
New York Labor Law § 200 imposes a general duty on owners, contractors and agents to maintain safe working conditions on construction sites — from equipment, machinery, worksite layout, appropriate supervision, lighting, safe access.
This law is broader (not just falls from height) and ensures a baseline of safety. If the owner/contractor fails to use reasonable care in maintaining a safe job site and someone is injured, they may be liable under this section.
2. Labor Law § 240 (“Scaffold Law”)
New York Labor Law § 240 is often called the “Scaffold Law.” It is extremely important in construction accidents. The law states that when a worker is engaged in erection, demolition, repairs, alterations, painting, cleaning or pointing of a structure, and falls from a height (or is struck by a falling object) because of lack of proper safety devices (scaffold, ladder, rope, harness, etc.), the owner and general contractor (and others in control) are strictly liable for resulting injuries.
Key features:
The statute imposes absolute liability (in many cases) on owners/general contractors for elevation-related accidents.
The injured worker does not necessarily need to show the defendant was negligent; the statute itself creates the entitlement if the protective devices were not provided/used.
Example: A worker on a scaffold falls because the scaffold was improperly protected or no guardrails provided — § 240 can apply.
3. Labor Law § 241
New York Labor Law § 241 covers construction, excavation, demolition work and sets forth safety requirements (e.g., planking, hoists, elevators, support structures) for those activities.
Important aspects:
Section 241(6) requires that all areas where construction, excavation or demolition are performed are “so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety…”
Unlike § 240 (which deals mainly with elevation/falling objects), § 241 is broader: excavation collapse, demolition, unsafe flooring, hoists etc.
Liability: While § 241 provides a strong basis, in many cases liability may be based on negligence or violation of the Industrial Code rather than strict absolute liability.
4. The New York State Industrial Code
In addition to the above statutes, the New York State Industrial Code (technical regulations) sets standards for safety, equipment, protective devices, guardrails, lighting, excavation, etc. Owners and contractors must follow these rules. If a violation of the Industrial Code leads to injury, that helps the injured worker’s claim.
How this applies in the Westchester/Hudson Valley region
Although the laws above are statewide, several practical points for the local region (Ossining, Briarcliff Manor, White Plains, Mt. Kisco, Yonkers, Peekskill, New Rochelle) are worth noting:
Westchester County has many residential, commercial and mixed-use developments. Sites often involve high-rise apartments, renovations, building alterations. The risk of height-related work is real (triggering § 240).
Excavation and demolition work happens in this region (old structures being torn down, new foundations, hillside excavations) — so § 241 is pertinent.
Local building owners or general contractors may be based in Westchester or the Hudson Valley — networks matter for evidence collection, witness availability, and local court familiarity.
If a construction site is near a municipal entity (city, town) or involves a public building or school district, extra procedural deadlines (notice of claim) may apply — making the need for prompt legal counsel more acute.
Given commuting from NYC, some carpenters or laborers may live in Westchester but work on sites in the region; ensuring the correct jurisdiction and venue is important.
What you should do if you’re injured on a construction site
Here are steps to take (and the role an attorney plays):
Seek medical attention immediately. Your health comes first. Delaying medical care may hurt both your recovery and your legal case. Many attorneys emphasize this.
Preserve evidence. If you are able, take photographs of the accident scene, equipment, scaffolding, guardrails, ladders, holes, excavation, debris, lighting. Document your injuries. Take notes about how it happened. These help later in a claim.
Report the incident. Notify your supervisor, general contractor, employer. Make sure an official incident report is filed. Keep copies if possible.
Protect your rights—don’t give statements or sign documents without counsel. Insurance adjusters, employer representatives may ask for statements; mistakes can jeopardize your rights. An attorney will take over communications.
Contact an experienced attorney as soon as possible. Because deadlines count, and because the multiple potential sources of liability (owner, contractor, equipment manufacturer, subcontractor) require prompt investigation. The attorney will:
Evaluate your case under § 200/240/241 and Industrial Code.
Determine potential parties and types of claims (workers’ comp, third-party, statutory).
Advise you on deadlines (statute of limitations, notice of claim).
Gather evidence, interview witnesses, obtain safety records, inspect the site.
Negotiate with insurance companies or litigate if needed.
Be aware of settlement pitfalls. Some injured workers may be tempted to accept a quick settlement from workers’ comp or employer liability without assessing whether a larger claim exists. An attorney helps you understand the true value of your claim (including future medical costs, lost wages, pain & suffering) and whether a third-party or statute-based claim exists.
Common types of accidents and issues
In New York construction sites (including Westchester region) common accident scenarios include:
Falls from scaffolds, ladders, roofs, building edges — triggering § 240 liability.
Injuries by falling objects — again § 240 realm.
Excavation collapses, trench cave-ins, faulty hoists, collapse of flooring or structure during demolition — § 241 territory.
Inadequate safety equipment, missing guardrails, unsecured openings, improper lighting – violations of Industrial Code + § 241.
Multiple employers/subcontractor relationships, making fault tracing more complex.
Sites where a city, municipality or school district is involved, bringing in different procedural rules for claims.
Why the local attorney matters
Given the region’s particularities, a local Westchester/Hudson-Valley attorney offers advantages:
Familiarity with regional courts in Westchester County and nearby counties (putting cases in local venue).
Knowledge of local contractors, building owners, typical practices in region (which helps in investigations and negotiations).
Accessibility — easier to meet onsite, attend local depositions, inspect the site in person.
Awareness of local building/site conditions (terrain in the Hudson Valley, older buildings being renovated, zoning issues) which may affect safety and liability.
In summary
If you’ve been injured in a construction site accident in New York State — whether in Ossining, Briarcliff Manor, White Plains, Mt. Kisco, Yonkers, Peekskill, New Rochelle or elsewhere — you are well-advised to consult with an attorney experienced in construction-site injuries. The laws (especially Labor Law §§ 200, 240, 241) provide powerful protections, but enforcing them requires prompt, knowledgeable legal action. An attorney ensures your rights are safeguarded, deadlines are met, proper parties are pursued, and you have the best chance of recovering the full compensation you deserve. Whether you're located in Ossining, White Plains, or anywhere in between, hiring an attorney with a proven track record throughout New York ensures you receive informed, aggressive, and personalized representation. The Law Offices of Spencer M. Fein, P.C. is based in Westchester County, which gives us an advantage in understanding the local court systems, medical providers, and insurance companies that operate in this region. Whether your accident occurred in Yonkers, White Plains or Mt. Kisco, our firm is prepared to pursue justice on your behalf. We also serve clients throughout New York, handling serious injury claims with diligence and compassion. Our reputation for legal excellence extends well beyond Westchester, but we never lose our small-firm commitment to personalized service.