New York's construction-injury protections are remarkably even-handed: they apply to union members, non-union crews, day laborers, and immigrant workers regardless of status. Whatever your situation, if an unsafe site hurt you, the same § 240, § 241(6], and § 200 protections are available, alongside workers' compensation where it applies.
The free Accident Answer Engine walks through your situation and shows the legal issues, deadlines, and next steps that fit it. Open the Answer Engine →
How New York law applies
- Universal coverage. The Labor Law's protections apply to all construction workers, not just union members.
- Status is not a bar. New York courts have allowed injured workers to pursue claims regardless of immigration status.
- Comp and third-party claims both apply. Most workers can access comp for immediate needs and a third-party case for the rest.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- The subcontractor that hired you
- An equipment manufacturer
- An employer (for workers' compensation, where it applies)
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 care
- Available insurance
- Strength of witnesses and documentation
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
Do non-union workers get the same protection?
Yes — § 240, § 241(6], and § 200 apply to union and non-union workers alike, including day laborers.
I'm undocumented. Is it safe to make a claim?
New York courts have permitted these claims regardless of immigration status, and consultations are confidential. Your status is not a reason to absorb an injury someone else caused.
What if I was paid off the books?
You may still be entitled to workers' compensation and can pursue a third-party case — the facts of who controlled the site matter most.
How long do I have?
Generally three years for a third-party case, shorter on public projects.