Construction Accident Lawyer in Ontario County
Injured on a construction site in Ontario County? NY Labor Law §240 may hold the property owner strictly liable. Free case review — (888) 702-1581.
Ontario County sits at the northern end of Canandaigua Lake and benefits from wine country tourism-driven hospitality construction, as well as significant commercial development along the Routes 5 and 20 corridor in Victor and Canandaigua. Flint Creek Farmstead, Constellation Brands's wine operations, and multiple new winery construction projects have driven agricultural-commercial construction in the Canandaigua Lake region. Rochester-area residential overflow has made Victor one of the fastest-growing suburban communities in the Finger Lakes, bringing a steady supply of residential subdivision and townhouse construction to the county's northern towns.
NY Labor Law §240 and §241 — What Every Worker in Ontario County Should Know
The Finger Lakes region's hospitality, agricultural, and university construction projects all fall under Labor Law §240 and §241(6) when workers are injured at elevation.
New York Labor Law §240(1), known as the Scaffold Law, imposes strict liability on property owners and general contractors when a worker is injured due to a gravity-related hazard — a fall from scaffolding, a ladder collapse, a falling object. Strict liability means the owner's negligence does not need to be proved. If the safety device failed to provide proper protection, liability attaches.
§241(6) adds a parallel claim: any violation of the NY Industrial Code (12 NYCRR Part 23) that causes injury is also actionable. These two statutes together give injured construction workers in Ontario County unusually strong legal footing compared to workers in any other state.
Workers' compensation is not your only option. §240 and §241(6) claims are separate civil lawsuits — you can pursue both simultaneously, and a third-party lawsuit typically produces substantially higher recoveries than comp alone.
Active Construction in Ontario County — Where Accidents Happen
Ontario County has seen significant construction activity in recent years, including Victor commercial corridor mixed-use development, Constellation Brands winery facilities expansion, Canandaigua waterfront and Marina District redevelopment. These projects employ workers represented by Laborers Local 435, Carpenters Local 280, Operating Engineers Local 17 and other locals operating in the region.
Active construction zones are where §240 injuries occur. When an employer or GC fails to erect proper scaffolding, provide fall harnesses, or secure materials against falling, and a worker is hurt, the legal machinery of Labor Law §240 and §241(6) is available to that worker regardless of what their employer tells them.
Many workers in Ontario County are told after an injury that workers' comp is their only option, or that they were partly at fault. Under §240 strict liability, comparative negligence is not a defense. The employer's or property owner's claim that "you should have been more careful" is legally irrelevant if a safety device failed.
Filing Your Claim: Supreme Court, Ontario County
Construction accident lawsuits in Ontario County are generally filed in the Supreme Court, Ontario County, located at 27 N Main Street, Canandaigua NY 14424. The court is part of New York's Appellate Division, 4th Department — the appellate body that reviews trial court decisions in Ontario County cases. Understanding the appellate division matters because different departments have developed slightly different interpretations of §240's scope over decades of case law.
Deadlines matter. Under CPLR §214, you have three years from the date of injury to file a personal injury claim. However, the statute of limitations for wrongful death is two years, and claims against government entities may require a Notice of Claim filed within 90 days. Do not wait.
If you were treated after your accident at F.F. Thompson Hospital or another trauma center, your medical records will form a core part of your damages evidence. Preserving those records early, along with incident reports, OSHA logs, and witness contact information, protects your case.
Supreme Court, Ontario County
27 N Main Street, Canandaigua NY 14424
Union Locals Active in Ontario County
Union members may have additional resources through their trust funds, but union membership does not affect your right to pursue an independent Labor Law §240 or §241(6) claim.
Common Questions About Construction Accidents in Ontario County
Injured on a Ontario County Construction Site?
Call (888) 702-1581 for a free case review. We handle §240 and §241 claims throughout Ontario County and all of New York state. No fee unless we win.