Construction site accidents can leave workers facing serious injuries, lost wages, and an uncertain recovery. When an accident happens, many workers assume their only option is a claim through their employer. But in many cases, you can sue a New York City property owner for a construction accident, opening the door to a claim beyond workers’ compensation.
Understanding Property Owner Liability for a Construction Accident
Property owners in New York City are often surprised to learn they can be held responsible for injuries on a job site they didn’t directly manage. Liability typically arises when an unsafe condition on the property, or a failure to follow required safety protocols, contributes to a worker’s injury.
Common scenarios include:
- A scaffold or ladder that wasn’t properly secured or maintained
- Falling objects or debris from upper floors of a building under renovation
- Unsafe or missing guardrails near open elevator shafts or roof edges
- Unstable flooring, exposed rebar, or other hazardous walking surfaces
These hazards are common on dense NYC job sites, where high-rise renovations and tight urban lots leave little room for error. Property owners are expected to address known risks, even when a general contractor is running day-to-day operations.
Employer Responsibility vs. Property Owner Responsibility
An injured worker’s employer and the property owner where the injury occurred are not always the same entity, and their legal responsibilities work differently.
Under New York’s workers’ compensation system, an injured employee generally cannot sue their employer directly for a workplace injury, but it does not protect other parties who may have contributed to the accident or are otherwise legally responsible.
On most New York City construction projects, the property owner is a separate legal entity from the general contractor. The general contractor, in turn, is often separate from the subcontractor who directly employs the worker. If the owner’s negligence, or a hazardous condition on the property, contributed to the injury, the worker can sue the owner directly, even though a lawsuit against the employer is off the table.
Even when the actual safety failure traces back to a subcontractor or the equipment they provided, the property owner’s duty to provide proper protection generally cannot be handed off to someone else. This is often described as a non-delegable duty, meaning the owner can still be held responsible even if another party was directly at fault.
How Labor Laws Apply to Property Owners
New York has several laws that hold property owners accountable for construction worker injuries.
The Scaffold Law: Falls and Falling Objects
Labor Law § 240 covers accidents involving height, like falling off a ladder or scaffold, or getting hit by something that falls from above. This law is powerful for workers because it holds certain building owners and contractors absolutely liable when a required safety device was missing, broken, or not doing its job. If the right equipment wasn’t there or didn’t work as it should have, that alone can establish liability without proving anyone acted carelessly.
One notable exception applies to owners of one- and two-family dwellings who contract for but do not direct or control the work; they are generally exempt from this law. This exemption applies to homeowners hiring help for residential projects, not commercial building owners or developers.
Safety Code Violations
Labor Law § 241(6) covers additional types of work hazards. It requires certain owners and contractors to follow detailed safety rules laid out in the New York State Industrial Code. This can include things like unsafe walkways, unsecured debris, or equipment that doesn’t meet code. To win this type of claim, a worker needs to point to a specific rule that was broken. The same homeowner exemption that applies to the Scaffold Law also applies here.
General Negligence and Site Control
Labor Law § 200 is closer to a regular negligence claim. It applies when the owner or contractor had control over the work being done and failed to keep the site reasonably safe. Unlike the other two laws, this one usually requires showing that the owner knew, or should have known, about the danger.
An owner’s liability on a construction site often comes from more than one of these laws at once, since each one covers a different angle of the same accident.
Common Evidence Used to Establish Liability
Knowing which laws apply is only part of the picture. What actually happened on site, and being able to show it, turns a valid claim into a successful one. This is often easier said than done, especially while you’re focused on healing, which is why it helps to start gathering what you can as early as possible. Evidence commonly used in New York City construction cases includes:
- Photos and video of the accident scene, hazardous conditions, or unsafe equipment, including any nearby surveillance footage
- Witness statements from coworkers or others who saw the accident happen
- Accident and incident reports filed at the time of the injury
- Safety inspection records, including any history of prior violations or complaints
- OSHA records, which can show whether a site had a documented history of hazards
- Medical records connecting the injury directly to the accident
This is often where having an attorney matters most. Beyond gathering these records, they can bring in engineers or safety experts to walk the site and explain exactly how a hazard led to your injury, building the kind of case that holds up against a property owner determined to fight it.
Can You Receive Workers’ Compensation and Still Sue a Property Owner?
Yes. You can file a workers’ compensation claim and sue a property owner at the same time. Workers’ compensation rules only stop you from suing your employer, and since the property owner is a separate party, that rule doesn’t apply here.
Many injured workers pursue a New York construction accident lawsuit at the same time as a workers’ compensation claim. Workers’ compensation covers things like medical care and your lost wages, no matter who was at fault. But it doesn’t cover everything. A lawsuit against a negligent property owner can recover more categories of damages and account for the long-term impact of catastrophic injuries.
What Compensation Can You Recover from a Construction Accident?
When you’re recovering from a serious injury, it’s easy to focus only on the bills piling up right now, the ones you can see. But a construction accident often reaches much further than that, into your health, your income, and your ability to provide for the people who count on you.
A successful claim against a property owner can account for:
- Past pain and suffering, for the physical pain and emotional toll already endured since the injury
- Future pain and suffering, for the ongoing impact the injury is expected to have going forward
- Full lost wages, rather than the partial wage replacement workers’ comp provides
- Loss of earning capacity, if the injury affects your ability to earn income over the course of your career
- Lost union benefits, including pension contributions, healthcare coverage, and other benefits tied to union membership
- Medical expenses, including future treatment tied to a long-term or permanent injury
- Loss of enjoyment of life, for injuries that limit your ability to do the things you once could
Property owners and their insurance companies don’t typically hand over this kind of compensation without a fight. It’s common for them to dispute how the accident happened, downplay the severity of an injury, or argue that someone else bears the responsibility. Facing that kind of pushback while you’re also trying to recover is a lot to take on alone, and construction accident claims are also subject to filing deadlines. Waiting too long to act can limit your options before you’ve even had the chance to fight for what you’re owed.
Talk to an NYC Construction Accident Lawyer
If you were hurt on a construction site, the property owner may bear more responsibility than you realize, even if your employer’s insurance is already covering part of your recovery. Construction worker laws in New York are often misunderstood, so getting the right guidance early can make a real difference in what you can recover.
Oresky & Associates, PLLC, has spent more than 30 years representing injured construction workers throughout New York City and has recovered over $500 million in settlements and verdicts on behalf of clients. Our team is bilingual in English and Spanish, and we’re ready to meet you wherever is most convenient, whether that’s your home, the hospital, or a video call.
If you were injured on a construction site, call us at (929) 209-4492 for a free consultation.