Construction Accident Lawyer in Albany, NY — NY Labor Law 240 Attorney
If you were injured on a construction site, workers' compensation is not your only option. New York's Scaffold Law gives injured construction workers a separate legal claim against property owners and general contractors — one that carries absolute liability and cannot be reduced by your own comparative fault. At Finn Law, we represent injured workers across Albany, Schenectady, Troy, Saratoga Springs, and the Capital District. We know how the other side defends these cases. We know how to win them.
Construction Sites Are Dangerous. New York Law Recognizes That.
Falls from scaffolding and ladders, collapsing structures, falling tools and materials, electrical strikes, trench collapses — construction sites produce some of the most catastrophic injuries workers ever face. Broken bones, traumatic brain injuries, spinal damage, and amputations are not uncommon. When those injuries happen because a property owner or contractor failed to maintain a safe site, New York law holds them accountable.
Common construction accident scenarios we handle include:
- Falls from ladders, scaffolds, and elevated platforms
- Scaffold collapses and unsecured scaffolding failures
- Struck-by injuries from falling tools, debris, or materials
- Electrocutions from exposed or unguarded wiring
- Trench collapses and excavation failures
- Construction vehicle and equipment accidents
What Is the Scaffold Law in New York, and How Does It Protect Workers?
NY Labor Law Section 240 — known as the Scaffold Law — is the most powerful construction worker protection statute in the country. It applies to gravity-related injuries on construction sites: falls from height, and injuries caused by falling objects. Under the Scaffold Law, property owners and general contractors have an absolute duty to provide proper safety equipment, including scaffolding, ladders, hoists, and protective gear adequate for the work being performed.
Absolute liability means exactly what it sounds like. If a worker is injured because that duty was not met, the property owner and general contractor are liable — period. There is no comparative fault argument available to them. They cannot point to the worker's actions to reduce what they owe. The law places the full burden of site safety on the parties with the power and resources to enforce it.
NY Labor Law Section 241 extends similar protections to construction, demolition, and excavation sites more broadly, requiring owners and contractors to maintain safe working conditions throughout the project. Together, these statutes create a legal framework that is uniquely favorable to injured construction workers in New York.
Workers' Comp Is the Floor. Labor Law 240 Is the Ceiling.
After a construction site injury, employers and their insurance carriers often move quickly to direct workers toward a workers' compensation claim. Workers' comp covers medical costs and a portion of lost wages — but it also bars you from suing your direct employer directly. Many workers are told, or led to believe, that workers' comp is the end of it.
It is not. NY Labor Law 240 creates an entirely separate claim against the property owner and general contractor — not your direct employer. That claim is not limited by workers' compensation rules. It can recover the full value of your injuries, including pain and suffering, full lost wages, and long-term disability damages that workers' comp will never touch. In serious injury cases, the difference between a workers' comp settlement and a Labor Law 240 recovery can be the difference between financial survival and financial ruin.
Comparative Fault Does Not Apply Under the Scaffold Law
One of the most common fears injured construction workers have is this: "I may have made a mistake. Does that kill my case?"
Under NY Labor Law 240, the answer is no. The absolute liability standard means that property owners and contractors cannot use your comparative fault to reduce or eliminate your recovery. Even if you were not wearing a harness, even if you made a judgment call that contributed to the fall — if the owner or contractor failed to provide adequate safety equipment or a safe work site, they are liable. New York's courts have consistently upheld this standard because the legislature made a deliberate policy choice: the parties with control over the site bear the risk, not the workers doing the job.
This is a fundamental difference from standard negligence claims, where a plaintiff's own fault can reduce or eliminate recovery. The Scaffold Law does not negotiate.
We've Seen Their Playbook — From the Inside
Construction accident cases involving major developers, general contractors, and commercial insurers are not simple. These defendants come with experienced legal teams, expert witnesses, and established defense strategies. They know how to delay, dispute liability, and minimize what they pay.
Ryan Finn has experience on both sides of complex litigation. Before building Finn Law around plaintiff representation, he worked at large firms defending corporations — including in cases involving construction liability and commercial insurance. That background is not incidental. It means we understand how the defense evaluates a case from the moment an injury is reported, what arguments they will build, and where their positions are vulnerable. We bring that knowledge to every construction accident case we take.
Who We Represent in Construction Accident Cases
We represent injured construction workers and their families across Albany and upstate New York. Our clients include:
- Union and non-union trade workers injured on active job sites
- Subcontractor employees injured on sites controlled by a general contractor
- Workers injured on commercial, residential, and public construction projects
- Families who have lost a loved one in a fatal construction accident
We handle cases in Albany, Schenectady, Troy, Saratoga Springs, Glens Falls, and throughout the Capital District and upstate New York. If you were injured on a construction site in New York and you are not sure what claims are available to you, that is exactly the conversation we want to have.

What Our Clients Have Recovered
What to Do After a Construction Site Injury
What is the difference between a workers' compensation claim and a NY Labor Law 240 claim?
Workers' compensation covers medical expenses and a portion of lost wages, but it bars you from suing your direct employer and caps what you can recover. NY Labor Law 240 is a separate claim against the property owner and general contractor — not your employer — and it carries no workers' comp limitations. A serious construction injury can support both claims simultaneously, and the Labor Law 240 recovery is typically far greater.Can I bring a Labor Law 240 claim if I was partially at fault for the accident?
Yes. Under NY Labor Law 240, property owners and general contractors bear absolute liability for gravity-related construction injuries. Comparative fault — the argument that your own actions contributed to the accident — does not reduce or eliminate your recovery under this statute. The law places the responsibility for site safety entirely on the owner and contractor, regardless of what the worker did or did not do.How long do I have to file a construction accident lawsuit in New York?
The statute of limitations for a personal injury claim under NY Labor Law 240 is generally three years from the date of the injury. Claims against government entities — such as a public construction project — carry much shorter notice requirements, sometimes as little as 90 days. Do not wait to find out which deadline applies to your case.
Talk to a Construction Accident Lawyer Before You Accept Anything
The steps you take immediately after a construction site injury affect the strength of your legal claim. Here is what matters most:
- Report the injury. Notify your supervisor or employer in writing as soon as possible. Document that you made the report.
- Seek medical treatment immediately. Get evaluated even if you believe the injury is minor. Delayed treatment is one of the first things the defense will use against you.
- Document the scene. Photographs of the condition that caused the injury — the scaffold, the ladder, the unguarded edge — are critical evidence. Take them before anything is moved or repaired.
- Do not give recorded statements. The property owner's insurer may contact you quickly. You are not required to give a recorded statement, and doing so before speaking with an attorney is rarely in your interest.
- Contact a Labor Law 240 attorney. New York has statutes of limitations that apply to construction injury claims. Time matters. The sooner we can evaluate your case, the better position you are in.
Insurance adjusters for property owners and general contractors move fast after a serious construction site injury. Their goal is to close your claim for as little as possible — before you understand what NY Labor Law 240 actually entitles you to. We offer a free consultation to review what happened, explain every claim available to you, and tell you honestly whether we can help. Ryan Finn personally reviews every inquiry. If your case is a fit, you will hear from us directly.
