If you work in the construction industry, you are exposed to hazards every day that the average worker never needs to think about. Construction accidents are common across New York, but certain labor laws seek to prevent these incidents and compensate workers who are injured on the job.
Understanding construction accident laws can help you protect your rights as a worker in this industry. Below, a New York construction accident lawyer explains what you need to know in 2026.
Key Construction Accident Labor Laws To Understand in 2026
New York labor laws set specific regulations for how employers across the state must conduct their operations. Several of these laws center around employee safety, with a few specifically pertaining to construction workers.
- New York Labor Law 200: This law, known as the “general duty” statute, requires owners and contractors to provide a reasonably safe work environment. It extends beyond the construction industry and is often viewed as the codification of traditional negligence principles, providing legal grounds for negligence claims. Under Labor Law 200, an injured worker must show that the defendant either created a hazardous condition or had notice of it, yet failed to mitigate it.
- New York Labor Law 240 (Scaffold Law): This law was first enacted in 1885 but has undergone several changes since then. Its goal is to ensure that construction workers have adequate safety measures for working at heights, such as ladders and scaffolds. Specific regulations under the Scaffold Law include placing guardrails on open sides of scaffolds, using scaffolds that can hold at least four times their anticipated weight, and reinforcing work surfaces with secure planks. Under Labor Law 240, general contractors can be held liable for violations of the statute that lead to injuries.
- New York Labor Law 241(6): This law enumerates specific safety measures for workers in the construction, excavation, and demolition industries. It mandates several safety requirements for these environments, such as using safety barriers around the elevator shafts used to hoist materials and reinforcing single-layer flooring with planks.
Another law that pertains to certain construction workers: New York’s minimum wage for NYC, Long Island, and Westchester County is scheduled to increase to $17.00 an hour as of January 1, 2026.
Updated New York Workers’ Compensation Guidelines for 2026
Workers’ compensation generally allows workers to collect up to two-thirds of their average wages while they are recovering from an injury. However, New York law places a cap on the weekly wage reimbursement a worker can receive, and this cap increases annually, resetting each July.
For the period between July 1, 2025, and June 30, 2026, the maximum weekly benefit amount in New York State is $1,222.42. For updates to the schedule of benefits, you can visit the New York State Workers’ Compensation Board website.
The Board has also updated its minimum weekly benefit guidelines, starting in 2026. In 2025, this minimum benefit was $325 per week. In 2026, it is indexed to one-fifth of the New York State Average Weekly Wage (NYSAWW). For reference, the NYSAWW in 2024 was 1,833.63, and one-fifth of this figure is $366.72. This is higher than the minimum weekly benefit for workers’ compensation in 2024, which was $275.
Who Is Liable for a Construction Accident Under New York Law?
New York’s Workers’ Compensation Law generally prevents employees from suing their employers for workplace injuries. As a result, if your employer violated one of the labor laws above, leading to your injury, your main method of seeking compensation would be through a workers’ compensation claim.
There are a few exceptions to this rule:
- Your employer does not have workers’ compensation insurance. The majority of New York employers are required to provide workers’ comp benefits. If your employer does not offer this coverage, you may be able to take legal action after an on-the-job injury for which they are liable.
- Your employer caused intentional harm. While this scenario is rare, there are protections for it under New York Law. If your employer intentionally harmed you, you may be able to take legal action to seek damages.
Before you file a workers’ compensation claim, speak with a New York construction accident lawyer about your options. Claiming workers’ compensation bars you from holding your employer directly liable, so you should explore your other options for construction accident claims before making this permanent decision.
Consult a Construction Accident Lawyer in Mineola
Protecting your rights as a construction worker involves understanding NY Labor Law 241(6) and other key labor and workers’ compensation laws that regulate your industry. If you were injured in a construction accident, consulting a New York construction accident attorney can help you navigate the path forward.
The Law Office of Frank J. Cassisi, P.C., represents injured construction workers across Nassau County. Request a free consultation today by calling 516-294-5050.
Frequently Asked Questions
How common are construction accident fatalities in New York?
New York State averages about 58 construction worker fatalities each year, according to the New York Committee for Occupational Safety and Health. However, many of these fatalities happen in New York City. In 2023, 30 construction workers died in NYC. Construction sees more fatal work injuries than any other private industry sector, according to the BLS. If a loved one was fatally injured in a construction accident, consult a construction accident lawyer on Long Island.
Is falling a major risk for construction workers?
Yes, construction workers are at risk of falling and suffering injuries, despite legislation like the Scaffold Law. Falls, slips, and trips made up 20% of workplace fatalities in New York State in 2023. Construction worker safety is of the utmost importance to prevent these accidents.
What should a construction worker do after an injury on the job?
If you were injured while working on a construction site, seek medical attention promptly, report the injury to your employer, and contact a New York construction accident lawyer for legal guidance. You may be able to seek compensation through a workers’ compensation claim or third-party lawsuit.
