Fact-Checked
New York's construction industry is one of the busiest in the country. It is also one of the most dangerous. According to OSHA, the Fatal Four accident types account for more than 60% of all construction worker deaths nationwide. In New York City alone, the NYC Department of Buildings reports dozens of construction fatalities and hundreds of serious injuries every year. New York Labor Law provides injured workers with powerful legal tools, but knowing the type of accident that occurred is critical to building a strong claim. At The Law Offices of Darren T. Moore, we fight for injured construction workers across New York.
OSHA identifies four accident types as the leading causes of construction fatalities in the U.S. and in New York. These are falls, struck-by incidents, caught-in/between hazards, and electrocution. Together, the Fatal Four account for the majority of deaths in the construction sector every year.
The table below breaks down each Fatal Four category, its common causes, and the New York laws that may apply:
| Fatal Four Category | Common Causes | Typical Injuries | Key New York Law |
|---|---|---|---|
| Falls from heights | Scaffold collapses, unsecured ladders, unprotected floor openings, roof edge falls | Traumatic brain injury, spinal cord injury, fractures, death | Labor Law Section 240 (Scaffold Law) |
| Struck-by incidents | Falling tools, swinging equipment, moving vehicles on site | Crush injuries, broken bones, head trauma | Labor Law Section 241(6); OSHA standards |
| Caught-in/between hazards | Heavy machinery entrapment, collapsed trenches, pinch points between objects | Amputations, crush injuries, internal organ damage | Labor Law Section 241(6); Industrial Code |
| Electrocution | Overhead power lines, exposed wires, defective electrical equipment | Burns, cardiac arrest, nerve damage, death | Labor Law Sections 200, 240, and 241(6) |
Falls from heights are the leading cause of construction fatalities in New York and across the country. Workers face fall risks every day on scaffolding, ladders, rooftops, and elevated platforms. Common scenarios include:
New York Labor Law Section 240, known as the Scaffold Law, imposes absolute liability on site owners and general contractors for fall-related injuries. This means the property owner or contractor is liable even if the worker shares some fault. Fall cases are among the most powerful personal injury claims under New York law. Learn more about how this law applies in our guide to construction accidents and the Labor Law.
Struck-by incidents happen when falling tools, swinging equipment, or moving vehicles strike workers on active construction sites. These accidents occur without warning and often result in severe head injuries or broken bones. Caught-in/between hazards occur when workers are trapped in heavy machinery, collapsed trenches, or between moving and fixed objects.
Electrocution injuries involve contact with overhead power lines, exposed wires, or defective electrical equipment. Even non-fatal electrical contact can cause lasting nerve damage, severe burns, and cardiac complications. Each of these Fatal Four categories triggers different liability theories under New York construction accident law.
Beyond the Fatal Four, several other accident types regularly cause serious injuries on New York job sites. These incidents often involve falling objects, equipment failures, fires or explosions, and toxic exposure. All of these accidents can support a personal injury claim or third-party lawsuit under New York Labor Laws.
Tools, materials, and debris falling from upper levels of active construction sites cause severe injuries every year. New York Labor Law Section 240 covers falling object claims, not just fall-from-height cases. The law requires that the object was being hoisted, secured, or moved at the time of the incident.
Common injuries from falling objects include:
Workers on lower levels and pedestrians near active sites face these risks daily. Hard hats reduce some danger, but they cannot prevent all falling object injuries. We pursue claims against property owners and general contractors who fail to secure overhead work areas.
Crane collapses, forklift accidents, and heavy machinery malfunctions cause serious injuries on New York job sites. These incidents often result from poor maintenance, operator error, or defective equipment. Explosions result from gas line ruptures, faulty wiring, or the improper use of flammable materials near power tools and electrical equipment.
Workers at older NYC buildings and renovation sites also face long-term toxic exposure risks, including:
In these cases, we pursue third-party liability claims against equipment manufacturers, subcontractors, and property owners. Toxic exposure claims may also involve workers' compensation and long-term disability benefits. The Bureau of Labor Statistics recorded 5,283 fatal work injuries nationwide in 2023, with construction continuing to account for one of the highest shares of any industry.
Your recovery is our priority
New York has some of the strongest construction worker protections in the nation. Three key Labor Law sections form the foundation of most construction accident claims. Understanding which law applies to your case is essential to maximizing your recovery.
| Labor Law Section | What It Covers | Liability Standard | Who Can Be Held Liable |
|---|---|---|---|
| Section 200 | General site safety and supervision | Negligence (must prove the defendant knew or should have known of the hazard) | Property owners, general contractors |
| Section 240 (Scaffold Law) | Gravity-related accidents: falls and falling objects | Absolute liability (no comparative fault defense) | Property owners, general contractors |
| Section 241(6) | Specific Industrial Code safety violations | Non-delegable duty (violation of a specific code provision establishes liability) | Property owners, general contractors |
These laws allow injured workers to pursue compensation beyond workers' compensation alone. Third-party lawsuits against property owners, general contractors, and equipment manufacturers can recover damages for:
At The Law Offices of Darren T. Moore, we have deep experience identifying and applying the correct Labor Law provisions to maximize recovery for every client. We review site conditions, safety records, OSHA citations, and subcontractor agreements to build the strongest possible case.
What is the most common type of construction accident in New York?
Falls from heights are the most common and deadly construction accident type in New York. These often involve scaffolding, ladders, and unprotected edges covered under Labor Law Section 240.
Can I sue my employer for a construction accident in New York?
Generally no. Workers' compensation limits direct employer lawsuits. However, injured workers may pursue third-party claims against property owners, general contractors, and equipment manufacturers responsible for the accident.
What is New York's Scaffold Law and how does it protect construction workers?
Labor Law Section 240 imposes absolute liability on property owners and general contractors for gravity-related injuries. This includes falls and falling objects. The law applies regardless of the worker's own negligence.
How long do I have to file a construction accident lawsuit in New York?
You generally have three years from the accident date for personal injury claims. Wrongful death claims must be filed within two years. Contact an attorney right away to protect your rights. Learn more about how long you have to bring a lawsuit in New York.
Can undocumented workers file a construction accident claim in New York?
Yes. Undocumented workers have the same rights as any other worker under New York Labor Law. They are entitled to pursue both workers' compensation and third-party injury claims. Read our article on whether undocumented workers can bring a lawsuit.
What should I do immediately after a construction accident in New York?
Report the accident to your supervisor and seek immediate medical attention. Document the scene if possible and save any photos or witness contact information. Contact The Law Offices of Darren T. Moore before speaking with any insurer.
Results matter when everything is on the line
Construction accidents in New York involve complex, overlapping legal frameworks. These include Labor Law protections, workers' compensation, and third-party liability claims. The type of accident matters greatly in determining which laws apply and who can be held liable. Whether your injury occurred in Manhattan, Brooklyn, or anywhere across the five boroughs, our construction accident attorneys are ready to fight for you.
We offer free case evaluations with no upfront costs and work on a contingency-fee basis. You pay nothing unless we recover compensation on your behalf. Call us, email us, or submit the online contact form today. Construction accident claims in New York are time-sensitive, so act now to protect your rights and preserve critical evidence.
Business Name: MooreJustice New York City Accident & Injury Lawyers
Business Address: 171 Madison Avenue, Suite 305, New York, NY, USA
Business Phone Number: 917-993-5116
Darren Moore is the founder of The Law Offices of Darren T. Moore, P.C. and a dedicated New York personal injury attorney. Known for his relentless advocacy and client-focused approach, he has spent his career helping injury victims pursue justice and recover the compensation they deserve. Darren handles a wide range of personal injury matters and is committed to delivering personalized representation for every client.
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