Injured at work? You may be owed more than workers’ comp.

Labor Law §240 is one of the strongest worker protection statutes in the country. It imposes absolute liability on property owners and general contractors when a worker is injured due to a gravity-related hazard — falls from scaffolds, ladders, roofs, or being struck by falling objects. “Absolute liability” means the owner or GC is liable even if the worker was partially at fault. The only question is whether proper safety devices were provided and adequate. If they weren’t, the owner and GC are liable, period.

Workers’ compensation is a no-fault system that covers medical bills and a portion of lost wages — but it does not compensate you for pain and suffering. A Labor Law §240 or §241(6) lawsuit is a separate legal action against the property owner and/or general contractor. It can recover significantly more: full lost wages, pain and suffering, future medical costs, and loss of earning capacity. You can pursue both at the same time.

Under §240, comparative fault does not apply. If the owner or GC failed to provide adequate safety equipment, they are fully liable regardless of your actions. For §241(6) and §200 claims, New York follows comparative fault — your recovery may be reduced by your percentage of fault, but you can still recover. If you were 20% at fault, you still receive 80% of the damages.

In New York, the statute of limitations for a personal injury lawsuit is generally three years from the date of the accident. For workers’ compensation claims, you must notify your employer within 30 days and file Form C-3 within two years. Don’t wait — evidence deteriorates, witnesses forget, and the insurance company is already building its defense from day one.

Under New York Labor Law, property owners and general contractors are primarily liable — even if they didn’t directly supervise the work. Depending on the circumstances, other parties may also be liable: subcontractors, equipment manufacturers (product liability), architects or engineers (design defects), and government entities (on public works projects). We investigate every potential source of liability.

Nothing upfront. Dunphy Law PC handles personal injury cases on a contingency fee basis. We only get paid if we recover compensation for you. There is no hourly rate, no retainer, and no risk to you. The consultation is free. If we don’t win, you owe us nothing.

Depending on the severity of your injury and the facts of your case, you may recover: medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, disability, and in tragic cases, wrongful death damages for your family. §240 cases often result in significant recoveries because liability is strict and the injuries tend to be severe.

You can still recover. New York follows the “eggshell plaintiff” rule: the defendant takes the plaintiff as they find them. If the accident aggravated a pre-existing injury or condition, you are entitled to compensation for the aggravation. The insurance company will try to attribute everything to the prior condition; we know how to disentangle the two with medical evidence.

It depends. A clear-liability §240 case with documented injuries can settle in months. A contested case that goes to trial can take two to three years. We give you an honest assessment after reviewing the evidence. We will never push you toward an early settlement that undervalues your case, and we will never drag a case out for fees.

You have the same right to recover under New York Labor Law as any other worker. Immigration status does not bar recovery for medical expenses, pain and suffering, or other damages. We treat every consultation as confidential and we do not share information with any government agency.

Yes, and they will pressure you to give one quickly. Don’t. A recorded statement is not required, and adjusters are trained to ask questions designed to elicit answers that can later be used to limit or deny your claim. Anything you say can be selectively quoted out of context. You are entitled to refuse, and you should refuse until you have spoken to an attorney. If you have already given a statement, you can still recover — but the claim becomes more difficult, and you should speak to a lawyer before any further communication with the insurer.

This is a common defense, and it is not the end of the inquiry. New York courts examine the actual working relationship, not just the paperwork — who controlled the means and methods of the work, who provided tools and equipment, who could direct or stop the work, and whether the work was part of the company’s regular business. Labor Law §240 and §241(6) protections cannot be waived by labeling a worker an “independent contractor.” If the facts show you were functioning as an employee, the protections still apply.

Yes. New York Labor Law §240 and §241(6) apply to all construction workers — union and non-union, citizen and non-citizen, documented and undocumented. The statutes protect workers based on the work being performed and the conditions on the site, not the worker’s union status or background.

Witness testimony helps, but it is not required. Cases are built from physical evidence, photographs, OSHA reports, the contractor’s daily logs, foreman statements, equipment records, medical records, and expert reconstruction. The absence of an eyewitness does not, by itself, defeat a §240 claim — courts have held owners and contractors liable based on circumstantial and physical evidence. Don’t assume your case is weak because you were alone when you were hurt.

No, but in most cases you will want to do both. Workers’ compensation provides immediate medical coverage and partial wage replacement while the Labor Law lawsuit proceeds — which can take months or years. Filing comp does not waive your right to sue the property owner or general contractor. The comp insurer will eventually be entitled to a partial reimbursement (a lien) from any third-party recovery under Workers’ Compensation Law §29; that lien is negotiable, and we work to maximize the net amount that reaches you.

Yes. Under New York’s wrongful death statute (EPTL §5-4.1), the deceased worker’s spouse, children, and other statutory distributees can recover pecuniary losses — including lost income the worker would have provided, loss of parental guidance and support, and conscious pain and suffering before death. These claims are separate from, and in addition to, workers’ compensation death benefits. The statute of limitations is generally two years from the date of death.