Resource Guide
New York Construction Worker Rights — What Every Worker Should Know
These rights exist regardless of your employer, your trade, your union status, or your immigration status. Know them before you need them.
Labor Law § 240 — The Scaffold Law
Property owners and general contractors are absolutely liable when a construction worker is injured in a gravity-related accident and proper safety devices were not provided. "Absolute liability" means your own partial fault generally does not reduce your recovery on this claim.
Applies to: falls from scaffolds, ladders, roofs, elevated surfaces; objects falling and striking workers; scaffold collapses; hoist failures.
Citation: NY Labor Law § 240(1)
Labor Law § 241 — Safety at Construction Sites
Property owners and GCs must provide reasonable and adequate protection to workers at all construction, excavation, and demolition sites. Violations of the NY Industrial Code (12 NYCRR Part 23) establish liability under § 241(6).
Applies to: tripping hazards, unsafe flooring, unguarded openings, excavation cave-ins, equipment failures, unsafe work areas of any kind.
Citation: NY Labor Law § 241(6); 12 NYCRR Part 23
Labor Law § 200 — General Duty of Care
Owners and contractors must maintain a safe workplace. Unlike § 240, liability under § 200 requires showing the defendant had supervisory control over the work and knew (or should have known) about the dangerous condition.
Applies to: dangerous premises conditions, defective equipment, general negligence in site management.
Citation: NY Labor Law § 200
Right to Refuse Unsafe Work
You have the right to refuse work you reasonably believe poses imminent danger. Under OSHA, employers cannot retaliate against workers for raising safety concerns or refusing genuinely dangerous tasks (29 CFR § 1977.12).
To exercise this: tell your supervisor the specific hazard and that you refuse until it's corrected. Your refusal should be reasonable and in good faith — not a general dislike of the task.
OSHA Rights — File a Complaint Without Fear
Any construction worker can file a confidential safety complaint with OSHA (Occupational Safety and Health Administration). OSHA must investigate complaints of serious hazards. Your name is kept confidential.
Section 11(c) of the OSH Act prohibits employers from retaliating against workers for exercising OSHA rights — filing complaints, participating in inspections, or refusing unsafe work.
File online at osha.gov or call 1-800-321-OSHA.
Citation: 29 U.S.C. § 660(c); OSH Act § 11(c)
Workers' Compensation — Your Guaranteed Benefits
If you're injured on the job, you're entitled to workers' compensation regardless of fault. Benefits include payment of medical bills and wage replacement (approximately 2/3 of your average weekly wage, up to the state cap).
- Notify your employer within 30 days of injury
- File a formal claim within 2 years
- Your employer cannot retaliate for filing
- Workers' comp does NOT prevent a third-party lawsuit
Citation: NY Workers' Compensation Law §§ 10, 28
Immigration Status Does Not Affect Your Rights
New York Labor Law, workers' compensation, and OSHA protections apply to all workers regardless of immigration status. An undocumented worker injured on a construction site has the same right to sue under § 240 as any citizen.
Your employer cannot threaten you with immigration consequences to discourage you from filing a claim. That threat itself may be unlawful. Reputable construction accident attorneys regularly represent workers regardless of immigration status.
See our full guide: Undocumented Worker Rights in New York
Right to Medical Care
After a workplace injury, you have the right to emergency medical care at the hospital of your choosing. Workers' comp covers reasonable and necessary medical treatment. Your employer cannot deny emergency care or require you to treat only with their preferred provider for emergency treatment.
You also have the right to request copies of all your medical records at any time.
Right to an Attorney — No Upfront Cost
You have the right to hire an attorney to represent you in a personal injury claim. Construction accident attorneys work on contingency — you pay nothing unless you win. There is no upfront fee, no hourly charge, and no financial risk to you.
Your employer, the GC, the property owner, and their insurance companies all have lawyers. You should too.
Critical Deadlines — Don't Miss These
Notice of Claim required if the accident happened on NYC or other municipal property (GML § 50-e). Missing this eliminates claims against the city.
Notify your employer of the injury for workers' comp purposes (WCL § 18).
File a workers' compensation claim (WCL § 28).
File a personal injury lawsuit under CPLR § 214. This deadline is firm — missing it permanently bars your claim.
Frequently Asked Questions
Do these rights apply to day laborers and cash workers?
Yes. New York Labor Law protections apply based on the work being done, not your employment classification. If you were doing construction work and were injured, you have rights under § 240, § 241, and workers' comp regardless of how your employer classified your employment.
What if my employer says the accident was my fault?
Under § 240, your own fault generally doesn't eliminate your recovery — the property owner and GC are absolutely liable when proper safety devices weren't provided. Under § 241 and § 200, comparative fault may apply, but it reduces your recovery, it doesn't eliminate it.
Can I print or share this guide?
Yes. Share this page with coworkers. Print it. Post it. The more workers know their rights before an accident, the better equipped they are to protect themselves and their families if something goes wrong.
I was told I can't sue because I signed something. Is that true?
Workers cannot waive Labor Law § 240 rights by contract. Any agreement that purports to have you give up § 240 rights is void as against public policy. Even if you signed something, your rights likely remain intact. Talk to an attorney.
My employer has no workers' comp insurance. What do I do?
If your employer is uninsured, you can file a claim with the New York State Workers' Compensation Board's Uninsured Employers Fund. You may also have stronger civil claims against the employer directly. Report uninsured employers to the Workers' Compensation Board.
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