Can you sue a general contractor in NY? Yes, in many cases you can sue a general contractor after a construction accident in New York, even if you were employed by a subcontractor and not the general contractor directly. New York Labor Law places significant safety responsibilities on general contractors and property owners, and workers’ compensation doesn’t take that right away. Three New York laws make this possible: Labor Law 240(1), Labor Law 241(6), and Labor Law 200.
This surprises a lot of injured workers. You assume that because you technically work for a subcontractor, your only option after getting hurt is a workers’ comp claim. That’s not how it works in New York, and understanding the difference could mean the difference between a partial recovery and a full one.
At The Edwards Firm, we’ve helped hundreds of injured construction workers hold general contractors accountable for unsafe job sites. Here’s how it works.
Why Workers’ Comp Isn’t Always the End of the Story
Workers’ comp stops you from suing your own employer, not everyone else on the job site. If a general contractor or property owner is responsible for your injury, you can usually bring a separate lawsuit against them and still receive your workers’ comp benefits.
Workers’ compensation exists as a trade-off. You don’t have to prove your employer did anything wrong to receive benefits, but in exchange, you generally can’t sue your direct employer for pain and suffering or the full extent of your lost wages.
Here’s the key part: your direct employer and the general contractor are often two different entities. If you work for an electrical subcontractor, a framing crew, or any other company hired onto a larger project, the general contractor overseeing that project is a separate party, and workers’ comp protections that apply to your employer don’t automatically extend to them.
When Can You Sue a General Contractor in NY
Labor Law 240(1): The Scaffold Law
If your injury involved a fall from height or being struck by a falling object, and the required safety equipment wasn’t provided or was inadequate, the general contractor and property owner can be held strictly liable. This applies regardless of which company technically employed you, and in most cases, your own actions on the day of the accident don’t reduce what you’re able to recover. Our guide to New York’s Scaffold Law explains how these claims work.
Labor Law 241(6)
This law requires general contractors and property owners to comply with specific safety rules under New York’s Industrial Code. If a documented violation of one of these rules caused your injury, this can support a claim even where the Scaffold Law doesn’t apply. Unlike the Scaffold Law, this law lets the defense argue you were partly at fault, which can reduce what you recover.
Labor Law 200
This is the general duty every general contractor and property owner has to keep a job site reasonably safe. Unlike the two laws above, a claim here typically requires showing that the general contractor had control over how the work was performed, or knew about a dangerous condition and failed to fix it. It’s a negligence-based claim, which means it takes more investigation to prove than a Scaffold Law case.
Common Defenses General Contractors Use
General contractors and their insurance companies rarely accept responsibility without a fight. The most common defense is arguing that you were the sole cause of your own accident, whether by claiming you ignored available safety equipment, disregarded instructions, or created the hazard yourself.
This defense sounds simple, but it’s often much harder to prove than contractors would like, especially when witness accounts and site conditions tell a different story. This is exactly why gathering evidence quickly matters so much.
Who Else Might Be Liable
Depending on the details of your accident, other potentially responsible parties could include:
- The property owner
- Other subcontractors whose work contributed to the hazard
- An equipment manufacturer, if defective machinery was involved
- An architect or engineer, if a design flaw played a role
A thorough investigation often reveals more than one responsible party, which can affect how much total compensation is available. For an example, see who is liable when a construction site wall collapses in NYC.
What Suing the General Contractor Could Mean for You
A successful third-party claim against a general contractor can pursue compensation that workers’ comp doesn’t provide, including full lost wages, future earning capacity, pain and suffering, and long-term disability costs.
Our firm has recovered significant results for injured construction workers, including $3,600,000 for a Brooklyn worker injured when a wall collapsed on the job, and $1,500,000 for a worker who suffered a neck injury after a fall. You can see more on our case results page.
What to Do If You’re Considering a Claim
- Get medical attention immediately, and make sure your injury is documented.
- Report the accident to your supervisor, and note which company was acting as general contractor on the site.
- Photograph the scene, the equipment involved, and your injuries, if it’s safe to do so.
- Get contact information for witnesses, including workers from other crews on site.
- Avoid giving a recorded statement to any insurance company before speaking with a lawyer.
- Contact The Edwards Firm LLP as soon as possible. Job sites change fast, and evidence about who was responsible for what can disappear once the project moves forward.
Why the Insurance-Defense Playbook Matters Here
Insurance companies representing general contractors know exactly how these cases work, and they’ll look for any opportunity to shift blame back onto you or your direct employer instead.
Lennon Edwards spent years as an insurance-defense attorney before founding this firm. He’s seen these defenses built from the other side, and now he uses that same insight to take them apart for injured workers instead.
How Long Do You Have to File?
In most cases, injured workers generally have three years from the date of the accident to file a personal injury lawsuit in New York. If the project involved a government entity, that window could be significantly shorter, sometimes as little as 90 days to file a formal notice of claim. The sooner your case is reviewed, the more options you’re likely to have.
Let The Edwards Firm Help You Understand Your Options
Being employed by a subcontractor doesn’t mean the general contractor gets a pass when their job site wasn’t safe. You deserve to know exactly who’s responsible for what happened to you, and to pursue every bit of compensation the law allows.
The Edwards Firm is strong enough to fight, and smart enough to win. Client first, last and always. We fight for maximum recovery for every injured construction worker who comes to us, and we never back down when fighting is the right thing to do.
If you or someone you love was hurt on a New York construction site, reach out for a Free Case Evaluation or call us directly at (347) 729-7685.