Work site injury: what can I do?

New York's statute of limitations for personal injury is three years from the date of injury (CPLR § 214(5)). This is longer than most states and applies to scaffold falls, crane accidents, electrical injuries, and other construction site torts filed under Labor Law or common law negligence.

New York Labor Law §§ 240 and 241 are the most powerful plaintiff-side construction injury statutes in the country. Labor Law § 240 (the Scaffold Law) imposes absolute (strict) liability on property owners and general contractors for gravity-related injuries — falls from scaffolds, ladders, and roofs, and objects falling onto workers. Comparative negligence is not a defense. Labor Law § 241(6) imposes liability for violations of the Industrial Code (12 NYCRR Part 23), and Labor Law § 200 codifies the common law duty to maintain a safe workplace. These statutes apply even if the worker is employed by a subcontractor.

New York's workers' compensation law (WCL § 11) bars direct suits against a direct employer, but third-party claims against general contractors, owners, and other subcontractors are expressly preserved and frequently pursued under Labor Law §§ 240/241. OSHA Region 2 (headquartered in New York City) is among the most active enforcement regions in the country; OSHA citations and fatality investigation reports are routinely used as evidence in Labor Law litigation.