Brooklyn Construction Accident Lawyers Fight for Injured Workers Under New York Labor Law
Brooklyn construction accident lawyers at Cohen & Cohen Personal Injury Lawyers, P.C. represent workers injured on some of the most active and dangerous job sites in New York City, from the redevelopment corridors of Gowanus and Sunset Park to the high-rise projects rising across Downtown Brooklyn and Williamsburg. If you were hurt in a construction accident in Brooklyn, New York Labor Law gives you powerful legal rights that go well beyond basic workers’ compensation, rights that require an experienced attorney to fully enforce. Cohen & Cohen’s Brooklyn construction accident attorneys are available 24/7 for a free case evaluation, handle all cases on contingency, and have recovered millions of dollars for injured workers throughout New York City.
Brooklyn Construction Workers Suffer Serious Injuries at These Active Job Sites
Brooklyn construction workers suffer serious injuries at some of the most active development sites in the entire country. Brooklyn is currently experiencing a sustained construction boom, with billions of dollars in new development concentrated in neighborhoods including Downtown Brooklyn, Williamsburg, Greenpoint, DUMBO, Red Hook, Sunset Park, Gowanus, and Coney Island. The NYC Department of Buildings has consistently reported Brooklyn among the boroughs with the highest volume of active construction permits, and with that volume comes an elevated rate of worksite injuries and fatalities.
Construction workers in Brooklyn face serious fall risks, struck-by hazards, and electrocution dangers at major active development zones, including the ongoing BQE reconstruction corridor, the Brooklyn Navy Yard expansion, Industry City’s redevelopment in Sunset Park, and the Gowanus rezoning area, one of the largest upzoning projects in NYC’s recent history. Scaffold collapses, crane accidents, trench collapses, and ladder falls are regular occurrences on Brooklyn job sites, and the workers bearing the consequences are often underpaid, underprotected, and unaware of the full legal remedies available to them.
New York State’s Labor Laws exist specifically to protect construction workers in situations like these. Cohen & Cohen’s Brooklyn construction accident attorneys know how to use those laws to hold general contractors, property owners, and third parties fully accountable for the injuries their negligence causes.
New York Labor Law Protects Brooklyn Construction Accident Victims in These Specific Ways
New York Labor Law provides Brooklyn construction accident victims with some of the strongest worker protections in the country. Three specific statutes, Labor Law 240, Labor Law 241, and Labor Law 200, create powerful legal tools for injured workers that operate independently of and in addition to workers’ compensation. Understanding how each law applies to your Brooklyn construction accident is essential to recovering the full compensation you deserve.
New York Labor Law 240 Holds Brooklyn Property Owners Strictly Liable for Height-Related Falls
New York Labor Law Section 240, commonly known as the Scaffolding Law, holds Brooklyn property owners and general contractors strictly liable for construction worker injuries caused by elevation-related hazards. Strictly liable means you do not have to prove that the property owner or contractor was negligent, only that the violation of the statute caused your injury. This is one of the most powerful construction accident provisions in any state in the country, and it applies directly to the scaffold collapses, ladder falls, roof falls, and falling object injuries that occur routinely on Brooklyn job sites.
Labor Law 240 covers injuries involving scaffolds, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and any other devices used to elevate workers or materials. If your Brooklyn construction accident involved a fall from height or a falling object striking you from above, Labor Law 240 may entitle you to full compensation from the property owner and general contractor, even if your own employer denies any responsibility.
New York Labor Law 241 Requires Brooklyn Construction Sites to Meet Specific Safety Standards
New York Labor Law Section 241(6) imposes specific safety obligations on property owners and general contractors at Brooklyn construction, demolition, and excavation sites. Unlike Labor Law 240’s strict liability, Labor Law 241 requires proof that a specific safety code provision was violated and that violation caused your injury. However, it extends liability to property owners and contractors even when they did not directly supervise or control the work being performed.
Labor Law 241(6) is particularly relevant in trench collapses, improper equipment use, inadequate lighting, and failure to provide proper safety equipment, all documented causes of serious injury on Brooklyn construction sites. The Industrial Code provisions that support a 241(6) claim are specific and technical; having an attorney with construction accident experience is essential to identifying and proving the applicable violations.
New York Labor Law 200 Creates a General Duty of Care on Brooklyn Job Sites
New York Labor Law Section 200 codifies the general common-law duty of property owners and contractors to maintain reasonably safe conditions on Brooklyn construction sites. Labor Law 200 applies when the dangerous condition arises from the methods or materials used in the work, and the owner or contractor had the authority to control or supervise that work. It serves as a catch-all to support compensation claims for Brooklyn construction accidents that don’t neatly fit within Labor Law 240 or 241.
Together, these three statutes create overlapping layers of protection that skilled Brooklyn construction accident attorneys use to build the strongest possible claim on behalf of injured workers.
Cohen & Cohen Represents Brooklyn Construction Accident Victims in These Types of Cases
Brooklyn construction accident victims can rely on Cohen & Cohen to handle all types of job site injury cases in Kings County and throughout New York City. Our attorneys have represented workers injured in a full range of construction site accidents, including:
- Scaffold collapses and scaffold falls — Defective scaffolding on Brooklyn’s dense urban job sites creates fall risks that can result in catastrophic injury or death, with strict liability available under Labor Law 240
- Ladder accidents — Unsecured, defective, or improperly positioned ladders are among the most common causes of construction falls in Brooklyn; ladder accidents are covered under Labor Law 240
- Crane accidents — Brooklyn has some of the most active crane operations in New York City; crane collapses, dropped loads, and boom failures cause catastrophic and fatal injuries
- Falling object injuries — Workers struck by tools, materials, or equipment falling from above have direct Labor Law 240 claims against the property owner and general contractor
- Trench and excavation collapses — Brooklyn’s Gowanus and waterfront redevelopment zones involve significant excavation; trench collapses can bury workers and cause fatal crush injuries
- Electrocution and electrical accidents — Contact with live wires and improper electrical safety on Brooklyn construction sites causes severe burns, cardiac events, and death
- Building collapse accidents — Partial or full structural collapses during demolition or construction cause catastrophic injuries and wrongful death
- Forklift and heavy equipment accidents — Machinery-related injuries on Brooklyn job sites frequently involve third-party liability beyond workers’ compensation
- Struck-by and caught-between accidents — OSHA identifies these among the “fatal four” construction hazards; they occur regularly on Brooklyn’s congested, multi-trade job sites
- OSHA and Industrial Code violations — Failure to maintain guardrails, provide fall protection equipment, or comply with specific safety regulations supports Labor Law 241(6) claims
- Construction site slip and fall accidents — Debris, wet surfaces, and inadequate walkways create serious fall hazards beyond height-related incidents
No matter what type of accident injured you on a Brooklyn job site, Cohen & Cohen will investigate every available claim, workers’ compensation, third-party personal injury, and Labor Law, to maximize your total recovery.
Brooklyn Construction Accident Victims Sustain These Serious and Compensable Injuries
Brooklyn construction accident victims sustain some of the most severe and life-altering injuries of any workplace accident, and the compensation available under New York Labor Law reflects that severity. The injuries Cohen & Cohen handles for Brooklyn construction workers include:
- Traumatic brain injuries and skull fractures from falls and struck-by incidents
- Spinal cord injuries and paralysis from falls from heights and scaffold collapses
- Broken bones, including complex fractures requiring surgical repair
- Crush injuries and internal organ damage from heavy equipment accidents
- Severe burn injuries from electrical accidents, explosions, and fire on construction sites
- Amputation and degloving injuries from machinery and power tool accidents
- Shoulder, knee, and hip injuries requiring surgery and long-term rehabilitation
- Soft tissue injuries, including tears to ligaments, tendons, and muscles
- Vision and hearing loss from explosions, chemical exposure, and electrical accidents
- Death and wrongful death claims on behalf of surviving family members
These injuries frequently result in extended time away from work, long-term or permanent disability, and mounting medical expenses that workers’ compensation alone cannot adequately address. Cohen & Cohen fights to recover every dollar these injuries justify, not just the minimum workers’ comp will pay.
Kings County Courts Handle Brooklyn Construction Accident Claims Under These Rules
Brooklyn construction accident claims that proceed to litigation are filed in Kings County Supreme Court, located at 360 Adams Street in Downtown Brooklyn, near Cohen & Cohen’s Brooklyn office at 45 4th Avenue. Understanding how Kings County Supreme Court handles construction accident cases, including how judges and juries in Brooklyn evaluate Labor Law claims, damages, and credibility, requires local experience that only comes from practicing in that courthouse.
Labor Law 240 and 241 cases in Kings County involve specific procedural requirements for summary judgment motions, expert testimony on liability and damages, and coordination between workers’ compensation carriers and third-party litigation. The timeline from filing to trial in Kings County can vary significantly depending on case complexity and the court’s calendar, and having attorneys who know the local judges, procedures, and defense counsel representing Brooklyn construction site owners is a meaningful advantage.
Brooklyn construction accident victims also need to be aware of critical deadlines. You have 30 days to notify your employer of a workers’ compensation injury, and three years from the date of the accident to file a third-party personal injury lawsuit under New York law. Missing these deadlines forfeits rights that cannot be recovered. Call Cohen & Cohen immediately after a Brooklyn construction accident to ensure every deadline is protected.
Brooklyn Construction Accident Victims Can Recover These Types of Compensation
Brooklyn construction accident victims can recover compensation through two parallel channels, workers’ compensation and third-party personal injury claims, and understanding the difference between them determines how much money you can actually recover.
Workers’ Compensation Benefits Cover These Brooklyn Construction Accident Costs
Workers’ compensation provides no-fault benefits to Brooklyn construction workers injured on the job regardless of who caused the accident. Workers’ comp covers medical treatment related to your injury, approximately two-thirds of your average weekly wages during your disability, permanent partial or total disability benefits, and death benefits for surviving family members. However, workers’ compensation does not pay for pain and suffering, full lost wages, or the long-term impact of permanent injuries, and insurance carriers routinely challenge the scope and duration of legitimate injuries.
Third-Party Personal Injury Claims Recover Additional Damages Workers’ Comp Does Not
When a general contractor, property owner, subcontractor, equipment manufacturer, or other third party’s negligence caused your Brooklyn construction accident, you can pursue a personal injury lawsuit for damages beyond what workers’ compensation provides. A successful third-party construction accident claim in Brooklyn can recover full past and future lost wages and earning capacity, all past and future medical expenses, including long-term care, pain and suffering, emotional distress, permanent disability and disfigurement, and loss of consortium damages on behalf of a spouse.
In Labor Law 240 cases, where strict liability applies, defendants cannot escape responsibility by pointing to comparative negligence on the part of the injured worker. This is one of the most significant advantages New York construction workers have compared to workers in any other state in the country, and it’s why having attorneys who know how to plead and argue Labor Law claims matters correctly.
Cohen & Cohen also uses its expertise to help Brooklyn construction accident clients manage liens on their recoveries, a critical service that allows injured workers to keep more of their settlement money rather than losing it to Medicaid, health insurers, and workers’ comp carriers.
These Parties Can Be Held Liable for a Brooklyn Construction Site Accident
Brooklyn construction site accidents often involve multiple parties whose negligence contributed to what happened. Cohen & Cohen’s attorneys investigate every party with potential liability, including:
- Property owners — Strictly liable under Labor Law 240 for height-related accidents; liable under Labor Law 241 for Industrial Code violations regardless of whether they supervised the work
- General contractors — Held to the same strict liability as property owners under Labor Law 240 and 241; additionally liable under Labor Law 200 if they controlled the means and methods of the work
- Subcontractors — May bear liability for creating dangerous conditions on the job site or for their employees’ negligent acts
- Construction managers — Often treated as general contractors for liability purposes when they exercise supervisory control over the site
- Equipment manufacturers — Product liability claims arise when defective ladders, scaffolds, cranes, tools, or safety equipment caused or contributed to the accident
- Engineers and architects — Design professionals who specify unsafe construction methods or fail to flag dangerous conditions may bear independent liability
- Maintenance companies — Third parties responsible for maintaining machinery or site conditions can be sued directly
Identifying all liable parties is not optional, it is the difference between recovering workers’ comp minimums and recovering everything New York Labor Law entitles an injured Brooklyn construction worker to receive.
Brooklyn Construction Accident Victims Must Take These Steps to Protect Their Claim
Brooklyn construction accident victims must act quickly to preserve their legal rights, and the steps taken in the immediate aftermath of an accident can determine the outcome of the entire case. If you or a family member has been injured on a Brooklyn construction site, take the following steps:
Report the accident immediately. Notify your employer or supervisor as soon as possible after the accident. Under New York law, you have 30 days to notify your employer for workers’ compensation, but earlier notice is always better. Make sure the report is in writing.
Seek medical attention. Go directly to an emergency room or urgent care facility. Do not minimize your symptoms or refuse treatment because you think you’re fine, construction accident injuries, particularly traumatic brain injuries and spinal injuries, can have delayed onset. Every medical record created after your accident is evidence.
Document the scene. If you are physically able, photograph the accident scene, the equipment involved, any missing or defective safety equipment, and the conditions that contributed to your injury. If you cannot document the scene yourself, ask a coworker or family member to do so before conditions change.
Do not give a recorded statement. Your employer’s workers’ compensation carrier, the general contractor’s insurer, and the property owner’s insurer are not on your side. Do not give any recorded statement to any insurance representative without first consulting an attorney.
Contact Cohen & Cohen. Brooklyn construction accident cases involve complex, overlapping claims under workers’ compensation law, Labor Law, and tort law. Attempting to navigate these claims without experienced legal representation puts your recovery at serious risk. Cohen & Cohen offers free, no-obligation case evaluations 24 hours a day, seven days a week. If we cannot drive to drive to your office, we will come to your home or hospital room.
Cohen & Cohen Has Recovered These Results for Construction Accident Victims
Cohen & Cohen’s attorneys have recovered millions of dollars for injured workers throughout New York City, including results of $3,500,000 in a Labor Law case and $2,900,000 in a Labor Law case in the Bronx. Construction accident cases, particularly those involving Labor Law 240 and 241, frequently result in significant recoveries because of the strict-liability framework that eliminates the need to prove negligence by the general contractor or owner.
Every case is different, and past results do not guarantee a similar outcome. What Cohen & Cohen guarantees is that every Brooklyn construction accident case receives a thorough liability investigation, full identification of all responsible parties, aggressive pursuit of both workers’ compensation benefits and third-party damages, and the estate planning expertise to protect what you recover from liens that can otherwise take a significant portion of your settlement.
Brooklyn Construction Accident Lawyer FAQ
What is the difference between a workers’ compensation claim and a Labor Law claim after a Brooklyn construction accident?
Workers’ compensation is a no-fault insurance system that pays medical benefits and partial wage replacement regardless of who caused the accident, but it does not pay for pain and suffering or full lost wages. A Labor Law claim is a separate personal injury lawsuit against the property owner, general contractor, or other third parties who had legal responsibility for safety on the job site. Labor Law 240 and 241 impose strict liability on these parties for many types of construction accidents, meaning you can recover full damages without proving they were negligent. Brooklyn construction accident victims can pursue both claims simultaneously, and in most cases should.
Does Labor Law 240 cover all construction accidents in Brooklyn, or only falls?
Labor Law 240 covers height-related accidents, specifically falls from elevation and injuries caused by falling objects, which are among the most common and most serious construction accidents. It does not cover all types of construction accidents. For accidents that don’t involve elevation, Labor Law 241(6) and Labor Law 200 provide alternative bases for third-party liability claims. Cohen & Cohen’s attorneys evaluate which Labor Laws apply to your specific Brooklyn construction accident during your free consultation.
Can I file a lawsuit if my employer’s workers’ compensation insurance is paying my claim?
Yes. Accepting workers’ compensation benefits does not prevent you from filing a third-party personal injury lawsuit against the property owner, general contractor, or other non-employer parties whose negligence caused your Brooklyn construction accident. Workers’ compensation carriers do have a lien on your third-party recovery, meaning they can seek reimbursement from your personal injury settlement for benefits they paid, but experienced attorneys can often negotiate significant reductions in those liens.
How long do I have to file a construction accident lawsuit in Brooklyn?
You have three years from the date of the accident to file a personal injury lawsuit in New York, including a Labor Law claim. For a wrongful death claim, you have two years from the date of death. For workers’ compensation, you must notify your employer within 30 days of the accident. These deadlines are hard and missing them eliminates rights that cannot be restored. Contact an attorney as soon as possible after a Brooklyn construction accident.
My employer says I was at fault for the accident. Can I still recover under Labor Law 240?
Under Labor Law 240’s strict liability standard, the comparative negligence of an injured worker is not a defense. Even if your employer or the general contractor claims you were partially responsible for what happened, that claim does not bar or reduce your Labor Law 240 recovery. This is one of the most powerful aspects of New York’s scaffolding law and one that insurance carriers and defense attorneys routinely try to obscure from injured workers.
Does Cohen & Cohen handle Brooklyn construction accidents for workers who don’t speak English?
Yes. Cohen & Cohen provides legal representation in English, Spanish, and Russian. Brooklyn’s construction workforce includes a large number of Spanish-speaking and Russian-speaking workers who are often among the most vulnerable to exploitation by employers and insurance carriers after a job site injury. Our multilingual team ensures that language is never a barrier to getting the full compensation New York law provides.
What does it cost to hire a Brooklyn construction accident attorney at Cohen & Cohen?
Nothing upfront. Cohen & Cohen handles all Brooklyn construction accident cases on a contingency fee basis, you pay no legal fees unless we win your case. There is no charge for the initial consultation, no retainer, and no out-of-pocket legal expenses during the representation. If we don’t recover money for you, you owe us nothing.
Contact Cohen & Cohen’s Brooklyn Construction Accident Lawyers for a Free Consultation
Cohen & Cohen Personal Injury Lawyers, P.C. represents Brooklyn construction accident victims from our office at 45 4th Avenue, 2nd Floor, Brooklyn, NY 11217, available 24 hours a day, seven days a week. If your injuries prevent you from coming to our office, we will come to you.
Call (718) 775-3996 or contact us online to schedule your free, no-obligation case evaluation. No fee unless we win.
Brooklyn Office
45 4th Avenue, 2nd Floor
Brooklyn, NY 11217
Phone: (718) 775-3996
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