Construction is the backbone of the Capital District’s growth, but it remains one of the most dangerous industries in New York. In a single moment, work on a job site can bring catastrophic injuries, permanent disability, and sudden financial panic for you and your family.
If you have been injured on a job site, you might be told that filing for workers’ compensation benefits is your only legal option. This is often not true.
At Anderson, Moschetti & Taffany, PLLC, our personal injury attorneys have over 100 years of combined experience aggressively litigating on behalf of injured tradesmen, laborers, and heavy equipment operators. We have the depth and breadth of experience to know how to investigate construction site accidents, identify all liable parties, and secure the multi-million-dollar verdicts and settlements our clients deserve to rebuild their lives.
The Game Changer: New York Labor Law 240 & 241
New York has some of the strongest worker protection laws in the country. If your accident involved a fall from a height, or an object falling from a height, or injury resulting from violation of a specific safety rule or code violation, chances are very good that you will have a claim against the owner, general contractor and/or subcontractor involved in the project.
Here are the key statutes that give injured workers their rights in New York:
- NY Labor Law § 240(1) (The “Scaffold Law”): This law imposes absolute liability on property owners and general contractors if a worker is injured due to a gravity-related hazard. If you fell from a height (scaffold, ladder, roof) or were struck by a falling object because of the failure of proper safety equipment (like harnesses or hoists), the owner or contractor is legally responsible for your injuries—even if you may have contributed to the incident.
- NY Labor Law § 241(6): This statute allows you to sue property owners and contractors if your injury was caused by a specific violation of the New York State Industrial Code, such as a slip hazard on a runway, an improperly shored trench, or missing safety guards on heavy machinery.
- NY Labor Law § 200: This is a codification of the common-law duty of owners and general contractors to provide a generally safe workplace.
Workers’ Compensation vs. Third-Party Lawsuits
Understanding the difference between these two separate systems of compensation is critical to enabling you to obtain both workers’ compensation benefits, to which you are entitled under New York law, as well as damages for pain and suffering and lost wages and benefits—all with the goal of achieving full and fair financial recovery.
| Feature | Workers’ Compensation | Third-Party Lawsuit (Labor Law Claim) |
| Who Pays? | Your employer’s insurance. | The property owner, general contractor, or other contractor. |
| Do you need to prove fault? | No. It is a “no-fault” system. | Yes. You must prove negligence or a Labor Law violation. |
| Medical Bills Covered? | Yes, but only through approved providers. | Yes, all past and future medical care related to the injury. |
| Lost Wages Covered? | Yes, but only a percentage (often roughly 2/3 of your average weekly wage). | Yes, you can recover 100% of your past and future lost earning capacity. |
| Pain & Suffering Damages? | No. Workers’ Comp pays nothing for physical pain or emotional trauma. | Yes. You can recover full compensation for pain, suffering, and loss of enjoyment of life. |
Common Construction Accidents We Handle
Our trial-tested attorneys at Anderson, Moschetti & Taffany, PLLC routinely handle complex cases involving:
- Scaffolding and Ladder Falls: Collapses, lack of safety harnesses, or unsecured ladders.
- Struck-By Accidents: Dropped tools, falling building materials, or crane malfunctions.
- Electrocutions: Unmarked live wires, defective power tools, or poor temporary lighting.
- Trench Collapses: Crushing injuries due to improper shoring or excavation negligence.
- Heavy Machinery Accidents: Forklift, backhoe, or bulldozer rollovers and collisions.
What to Do If You Are Injured on a Site in Albany
To protect your health and your legal rights, you must act quickly and decisively:
- Report the Injury Immediately: Tell your supervisor or foreman right away. Request that an official incident report be written; that it is accurate and ask for a copy.
- Get Medical Attention: Go to the ER or urgent care immediately. Do not brush off back, neck, or head pain. Adrenaline masks severe trauma.
- Document the Scene: If you are physically able, take photos of the conditions that caused your injury (e.g., the broken ladder, the missing guardrail, the ice patch). Construction sites change rapidly; the evidence might be gone tomorrow.
- Identify Witnesses: Collect the names and phone numbers of any coworkers or others present who saw what happened.
- Do Not Sign Anything: Do not sign any documents from your employer, the general contractor, or an insurance adjuster without a lawyer present.
Level the Playing Field with Proven Trial Lawyers
Corporations and their insurance companies will immediately dispatch teams of investigators to the job site to begin steps to protect their interests. You need a powerhouse legal team to fight back.
We know the New York legal system, the New York State and OSHA regulations, and exactly how to build a compelling case that commands maximum compensation.
Contact Anderson, Moschetti & Taffany, PLLC today. We offer a free, strictly confidential consultation and charge no fees unless we win your case.
Albany/Latham Office Location:
26 Century Hill Drive, Suite 206
Latham, NY 12110
518-785-4900