Union construction workers sometimes assume their benefits and their union handle everything after an injury. In reality, union members retain the full force of New York's Labor Law protections and can pursue a third-party case against the owner or general contractor — separate from workers' compensation and from any union benefit — to recover what comp doesn't.
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How New York law applies
- Full Labor Law protection. Union status doesn't reduce § 240, § 241(6], or § 200 protections — they apply the same way.
- Third-party case stands alongside comp. Comp and union benefits don't replace a claim against a non-employer that controlled the site.
- Documentation is often strong. Union sites frequently have safety records and witnesses that help establish what went wrong.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- Other contractors controlling the work
- An equipment manufacturer
- Your employer (workers' compensation)
Deadlines that matter
A third-party construction case generally must be filed within three years, and a related wrongful-death claim within two years. Public projects can shorten these windows. Just as important, job sites change quickly — equipment and witnesses disappear — so prompt documentation matters.
What to do now
- Report the injury to your employer or supervisor in writing the same day, and start a workers' compensation claim to protect your benefits.
- Get medical care immediately and tell the provider exactly how the injury happened on the job.
- Write down which contractors were on site, what equipment was involved, and any safety device that was missing, broken, or not provided.
- Identify co-workers who saw what happened — job sites change fast and witnesses move on.
- Photograph the location, the equipment, and the conditions if you safely can.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Assuming workers' compensation is your only option — a separate third-party case against a contractor, owner, or equipment maker is often available and can recover far more.
- Letting the job site get cleaned up or repaired before the conditions are documented.
- Giving a recorded statement to the site's insurer or signing forms you don't understand.
- Waiting to act — memories fade, workers leave, and key deadlines can be short.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Injury severity and permanence
- Whether a Labor Law section applies
- Lost earnings and future earning capacity
- Available project insurance
- Strength of site documentation
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
Does my union handle my injury claim?
Your union may help with benefits, but a third-party Labor Law case against the owner or general contractor is a separate legal claim that union membership doesn't replace.
Will pursuing a case affect my comp or benefits?
They are different systems. A third-party recovery can interact with comp (through liens], but pursuing it generally doesn't take away your protections — these issues are handled as part of the case.
Do union members get the same § 240 protection?
Yes — the Labor Law's protections apply regardless of union status.
How long do I have?
Generally three years for a third-party case, shorter on public projects.