Who Is Actually Liable for Your Construction Injury: Owner, General Contractor, Sub, or Staffing Agency?
There were four company names on the job site when you were hurt: one on the sign at the gate, one on your paycheck, one on the truck that delivered the equipment, and one on the front of your hard hat. After a construction accident injury, New York law spreads responsibility for construction site safety across the owner and the contractors in a way that few other states do: without requiring you to prove that any of them was watching you when you fell.
But do you have a construction accident case? Martin+Colin has spent years representing injured parties in construction accident cases; we understand how to prove whether someone is liable. It is identifying which entity, in which role, under which statute. If you were injured on a job site in Westchester County, New York City, or the Hudson Valley, the construction accident lawyers at Martin+Colin, P.C. can sort out who can be held responsible in your case.
Who Bears Liability in Your Construction Accident Lawsuit?
Employer or Coworkers: Usually Not Liable
Your own employer is generally off limits. Workers’ Compensation Law § 11 provides that the employer’s liability under the compensation system “shall be exclusive and in place of any other liability whatsoever, to such employee.” Section 29(6) extends the same immunity to your coworkers, making compensation “the exclusive remedy to an employee… when such employee is injured or killed by the negligence or wrong of another in the same employ.”
Everyone else on that job site is a different question. A negligence action against a party outside the employment relationship is called a third-party claim, and it runs alongside your compensation case rather than replacing it. That is where compensation for pain and suffering, disfigurement, and the full measure of lost earnings lives. (Our post on third-party claims while receiving workers’ compensation explains how the two proceed together.)
Speak to a New York Construction Injury Attorney
The Property Owner: Liable, Whether or Not They Did Anything Wrong
Labor Law § 240(1), known as the Scaffold Law, states that “all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work,” furnish “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” The duty is non-delegable, which means the owner cannot contract it away.
Ownership alone is enough. In Gordon v. Eastern Railway Supply, 82 N.Y.2d 555 (1993), the Court explained that the statute “does not require that the owner exercise supervision or control over the worksite before liability attaches,” and that “liability rests upon the fact of ownership.” An owner who leased the property to someone else is still an owner. The Court applied the same reasoning to the City of New York in Coleman v. City of New York, 91 N.Y.2d 821 (1997), declining “to exempt the City which is in fact the owner from the plain word and reach of the statute.”
General Contractor: Possible Vicarious Liability for Subcontractor Negligence
Where a regulation is violated, the general contractor answers for it even though the violation was somebody else’s. In Rizzuto v. L.A. Wenger Contracting Co., 91 N.Y.2d 343 (1998), the Court of Appeals held that “section 241(6) imposes liability upon a general contractor for the negligence of a subcontractor, even in the absence of control or supervision,” and that a general contractor is “vicariously liable, irrespective of its ability to direct, control or supervise the construction site or the activity connected therewith.” Lack of notice is not a defense.
Other Subcontractors: Possibly Liable
Every other trade on that site is a stranger to your employment, and so are their employees. The plumber whose open trench you stepped into, the electrician who energized the circuit, the steel erector whose load swung out of the pick zone. None of them is protected by § 29(6), because none of them is “in the same employ” as you.
A subcontractor can be liable in two ways. It can be liable in ordinary negligence for creating the hazard that hurt you. It can also be liable as a statutory agent under §§ 240 and 241 where safety responsibility was delegated to it. Russin v. Louis N. Picciano & Son, 54 N.Y.2d 311 (1981) set the boundary: “only upon obtaining the authority to supervise and control does the third party fall within the class of those having nondelegable liability as an ‘agent’ under sections 240 and 241,” and that liability is limited “to those areas and activities within the scope of the work delegated.”
That is a contract question as much as a factual one, which is why the subcontracts, the site safety plan, and the daily reports need to be obtained early.
Talk to a New York Construction Accident Lawyer
Frequently Asked Questions About Construction Accident Liability in New York
Can I sue the property owner if it had nothing to do with the accident?
Under Labor Law § 240(1), often yes. The duty is non-delegable, and Sanatass v. Consolidated Investing Co. holds that an owner cannot escape liability based on lack of notice or control over the work. The claim still requires an elevation-related risk and a safety device that failed to provide proper protection.
What if my employer was the subcontractor that caused the accident?
You generally cannot sue your employer. You may still sue the owner and the general contractor, whose duties are not excused by the fact that the negligence was your employer’s. Rizzuto makes a general contractor vicariously liable for a subcontractor’s violation of a specific Industrial Code provision.
I work for a staffing agency. Who is my employer for these purposes?
Possibly both, but it depends on the manner, details, and result of your work. This question should be evaluated by a lawyer if you believe it pertains to your case.
Does it matter that I was not wearing my harness?
It can affect the amount of the recovery rather than the existence of the claim. New York applies comparative fault in negligence and § 241(6) claims. Section 240(1) claims are treated differently, and a worker’s conduct defeats the claim only in the narrow circumstance where the worker’s own actions were the sole proximate cause of the accident, which usually requires proof that an adequate safety device was available and the worker chose not to use it.
What if the accident happened on a public school or city project?
The claim can proceed, but a notice of claim must generally be served within ninety (90) days. Missing that deadline can end the case regardless of how strong the liability facts are. Public projects should be identified as such immediately.
How do I find out who the general contractor was?
The building permit, the site sign, and the compensation carrier’s file are all starting points, and the general contractor’s own insurer usually becomes involved quickly. A formal investigation, including document demands and depositions, is often necessary to establish which entity actually held safety responsibility, particularly on large projects with a construction manager rather than a traditional general contractor.
Speak with a New York Construction Injury Lawyer
Talk To a White Plains Construction Accident Lawyer
Martin+Colin, P.C. has represented injured workers throughout Westchester County, New York City, and the Hudson Valley for decades, identifying the owners, contractors, and equipment suppliers who can be held accountable while protecting the compensation benefits that pay the bills in the meantime. Our recoveries include a $2,200,000 settlement for a worker crushed by falling metal plates, as well as a $1,200,000 settlement for a concrete pump operator struck by swinging equipment.
If you were hurt on a job site and no one has explained who is responsible, that conversation is worth having. Review our personal injury practice areas or póngase en contacto con Martin+Colin, P.C. for a free consultation. Call (914) 771 7711.
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Bill Martin
I founded Martin+Colin, P.C., a White Plains personal injury firm that has recovered millions of dollars for injured people across New York. Over my career, I've represented clients in some of the most serious accident cases the state sees: construction and demolition worker injuries, workplace accidents, and motor vehicle crashes involving cars, trucks, motorcycles, and pedestrians. My practice also covers premises liability and landlord negligence claims, from slip-and-fall and knockdown injuries to harm caused by broken steps and missing handrails. In every case, my focus is the same: holding negligent parties accountable and making sure injured clients and their families get the full compensation they're owed. My clients work with me because I combine a proven record of results with a straightforward, no-nonsense approach. I explain the process in plain terms, I fight hard for every client, and I treat each case with the attention it deserves. If you've been hurt in an accident, contact me and the team at Martin+Colin, P.C. for a free consultation.
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