Ensure your safety and seek medical attention immediately. Report the incident to your employer or site supervisor, document the scene with photos, and gather witness information.

Because workers’ compensation prohibits an employee from suing your employer, you can only sue if other parties are legally responsible for your injuries, such as third-party contractors, property owners, or subcontractors.

If an injury on construction site occurred because of a third party’s negligence, the workers can make a claim against that party whether it be an Owner, General Contractor, or Subcontractor where the accident occurred. The injured party must establish that third party was negligent and that their negligence led to the injury. An experienced personal injury attorney can establish the negligence on the injured victim’s behalf.

The property owner and general contractor and in some cases subcontractors should make sure the workplace is a safe environment and must abide by all laws. They cannot delegate these responsibilities to anyone else and are strictly and absolutely liable for any violations of the statute.

New York state has a unique law protecting injured workers. Informally and collectively known as the Scaffolding Law, it is actually several sections of the New York statutes that require contractors and property owners to adhere to certain safety requirements on construction sites. New York Labor Section 200 imposes a general duty on contractors, owners and their agents to provide a safe workplace for workers and lawful visitors on a construction site. Section 241 (6) imposes safety obligations on contractors, owners and their agents involved in construction, demolition or excavation work. Section 240 governs the use of scaffolding and other devices for use by employees, “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure,” but does not apply to routine maintenance. Scaffolding that is more than 20 feet high must be properly secured with a safety rail that allows for the delivery of materials. When evidence and eyewitness testimony show that a scaffold was not properly secured or outfitted, the contractor, owner or agent is liable for injuries that result. An experienced New York construction accident attorney can explain how these laws affect your case.

In New York, the statute of limitations for most personal injury cases is 3 years from the date of the accident. However, this can vary depending on the type of case. For example, wrongful death claims have a 2-year limit, and claims against government entities may have shorter deadlines. Contact an attorney right away to learn of any deadlines that apply to your case so they can file a claim for you on time.