New York Construction Accident Settlement Calculator
Estimate compensation under New York's Labor Law §240 (Scaffold Law) — the only US absolute-liability construction statute. No comparative fault reduction.
What are typical New York construction accident settlement values? NY construction verdicts skew substantially higher than other states. Common ranges based on injury severity: minor soft tissue + short disability: $250K–$1.5M.
⚡ NEW YORK SCAFFOLD LAW: Absolute liability for gravity-related construction injuries. The only US state where worker fault is irrelevant. Verdicts 5–20× higher than other states.
Su lesión
Su Acuerdo Estimado
$6,000 — $6,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 0.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
La compensación laboral es un sistema sin culpa: sus beneficios no se reducen porque usted haya sido parcial o totalmente responsable del accidente.
La compensación laboral no paga dolor y sufrimiento. A diferencia de un reclamo de lesiones personales, solo cubre el tratamiento médico y una parte de sus salarios perdidos — por lo que no se incluye ningún monto por dolor y sufrimiento arriba.
Esta cifra no incluye una indemnización por deterioro permanente. Si su lesión deja limitaciones duraderas, la mayoría de los estados agregan un pago separado según la calificación de deterioro de un médico y un cronograma legal.
Si alguien que no sea su empleador causó la lesión — un subcontratista, un conductor, una máquina defectuosa — también podría tener un reclamo separado de lesiones personales contra esa parte, y ese reclamo puede incluir dolor y sufrimiento.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor
Why New York Construction Injuries Produce the Highest US Verdicts
New York is the only US state applying absolute (strict) liability to gravity-related construction injuries. Under Labor Law §240 (the 'Scaffold Law', enacted 1885, amended 1969), owners and general contractors are liable for worker falls and falling objects regardless of worker fault. The only defense is 'sole proximate cause' — that the worker was the ONLY cause of their own injury. This produces verdicts 5–20× higher than comparable cases in other states: the 2016 Tribeca crane collapse case settled for $272.5 million; a single 20-foot roof fall in the Bronx (Zeng Guang Lin v. Hutch Realty) produced a $62 million verdict.
Three statutes work together. Labor Law §240(1) imposes absolute liability for gravity-related harm (ladders, scaffolds, hoists, falling objects). Labor Law §241(6) is a non-delegable duty tied to specific Industrial Code violations under 12 NYCRR Part 23 — comparative fault applies. Labor Law §200 codifies common-law negligence for worksite conditions. Your attorney will plead all three to maximize exposure routes.
Critically, NY's Scaffold Law does NOT bar you from collecting workers' compensation simultaneously. An injured subcontractor can collect workers' comp from their employer AND sue the owner/GC under §240/§241/§200. The employer's workers' comp insurer has a subrogation lien on your Labor Law recovery. Reform is politically contested: the US Chamber of Commerce (2024) estimated NY tort costs at 2.6% of state GDP; Rep. Langworthy's 2025 Infrastructure Expansion Act would exempt federally funded projects from §240. As of April 2026, no reform has passed.
New York's Three Construction Labor Law Statutes
Labor Law §§200, 240(1), and 241(6) work together. A well-pled NY construction injury case asserts all three where facts support it:
NY Labor Law §240(1)
Scaffold LawStandard: Absolute liability
Scope: Gravity-related injuries during construction, demolition, repair, painting, cleaning, pointing
Only defense: Sole proximate cause (worker was the ONLY cause of their own injury)
NY Labor Law §241(6)
Standard: Non-delegable duty (comparative fault applies)
Scope: Requires citing specific Industrial Code violation (12 NYCRR Parts 23)
NY Labor Law §200
Standard: Common-law negligence (comparative fault)
Scope: Dangerous condition with notice, OR means-and-methods control
General Contractor Liability Under §240 and §241
Under §240 and §241, GC liability is non-delegable — the GC cannot escape by pointing at the sub's conduct or signing away responsibility in contracts. This is the opposite of most states, where GCs defeat claims by showing the sub controlled the work. Under §200, GC liability requires actual supervisory control over the means and methods that caused the injury — mere presence is insufficient. The Runner v. New York Stock Exchange (2009) refinement expanded §240: 'gravity-related' does not require the force of gravity to be the only force. A worker jerked by a counterweight (even horizontally) may qualify if an elevation device malfunctioned. This broad reading is why single-plaintiff NY construction verdicts regularly exceed $10 million.
Workers' Compensation Does Not Bar NY Labor Law Claims
Unlike most states where workers' comp is exclusive against the GC, NY allows parallel claims: (1) collect workers' comp benefits from your employer (typically the subcontractor), (2) sue the owner and GC under Labor Law §§240/241/200. This is the single biggest reason NY construction verdicts dwarf other states — you can recover lifetime earnings through the Labor Law claim instead of being capped at schedule-based workers' comp awards. The employer's comp insurer holds a subrogation lien for benefits paid, but this is typically far less than the Labor Law recovery. Statute of limitations for Labor Law claims: 3 years from the injury date under CPLR § 214. For government-owned property, separate Notice-of-Claim requirements apply (90 days + 1 year 90 days).
No Damage Caps — The Second Reason NY Verdicts Dwarf Other States
New York has no statutory cap on pain-and-suffering damages in personal injury cases, including construction injuries. This is one of the primary reasons NY construction verdicts regularly exceed $5M for serious injuries and $15M+ for catastrophic injuries. Punitive damages: no statutory cap but subject to federal due process proportionality review. Government-entity defendants face separate Public Authorities Law and General Municipal Law procedures but not substantive damage caps on Labor Law claims. Construction companies carry general liability insurance at rates far higher than any other state — the 2024 US Chamber data showed NY carpentry GL premiums at $17.37 per $100 of payroll vs. $3.19 in North Carolina.
Landmark New York Construction Accident Verdicts
NY's absolute liability + no caps produces verdicts unmatched anywhere else in the US. These are some of the largest single-case construction recoveries in US history:
| Amount | Year | Case / Injury |
|---|---|---|
| $272.5M | 2016 | Tribeca crane collapse (multiple claimants) |
| $62M | — | Zeng Guang Lin v. Hutch Realty Partners (2014) — 20-foot roof fall, Bronx |
| $15.2M | — | — Scaffolding fall |
| $12M | — | — Ladder accident |
| $11.8M | — | — Suspension scaffold collapse, spinal injuries |
New York Scaffold Law & Construction Accident FAQs
What is New York's Scaffold Law in plain English?
Labor Law §240(1) makes the owner and general contractor absolutely liable when a construction worker falls from an elevation or is struck by a falling object, regardless of whether the worker was partially at fault. It covers ladders, scaffolds, hoists, slings, pulleys, and other elevation-related equipment. The only defense is that the worker was the sole proximate cause of their own injury — meaning nothing the GC or owner did or failed to do contributed. This is an extraordinarily high bar for defendants. It's called the 'Scaffold Law' because scaffolding accidents are the classic §240 scenario, but the statute covers all gravity-related injuries — a worker struck by a load dropped from a crane also qualifies.
Does my own fault reduce my recovery in NY construction cases?
Not under Labor Law §240. Your comparative fault is irrelevant under the Scaffold Law — the owner/GC are either absolutely liable or not (if you were sole proximate cause). Under Labor Law §241(6), comparative fault DOES apply, but §241 requires citing a specific Industrial Code violation. Under §200, comparative fault fully applies (common-law negligence). Your attorney will plead all three to maximize flexibility: §240 is the strongest claim if a gravity-related injury occurred; §241(6) is a backup tied to specific code; §200 covers dangerous conditions the GC knew about.
What are typical New York construction accident settlement values?
NY construction verdicts skew substantially higher than other states. Common ranges based on injury severity: minor soft tissue + short disability: $250K–$1.5M. Moderate orthopedic (herniated disc, surgery): $1.5M–$5M. Severe orthopedic (multiple surgeries, impaired work capacity): $5M–$12M. Traumatic brain injury, spinal cord injury, permanent paralysis: $12M–$60M. Wrongful death: $3M–$15M (scales with pecuniary loss). These exceed comparable injuries in TX, FL, IL by 3–10×. Additional leverage: NY carries no cap on punitive damages, and juries in NYC and downstate counties are plaintiff-friendly.
I was an undocumented worker. Can I still sue under NY Labor Law?
Yes. NY Labor Law §240 applies regardless of immigration status. The Balbuena v. IDR Realty (2006) line of cases held that undocumented construction workers can recover full damages including lost wages at US wage rates (not home-country rates). Your immigration status is generally irrelevant and typically excluded from trial. Defendants who attempt to use immigration status as leverage face sanctions and jury pushback. Major NY plaintiff firms specialize in representing undocumented construction workers because these cases frequently settle for seven figures. You do NOT need legal status to file a Labor Law claim in NY state court.
Is the Scaffold Law going to be repealed or weakened?
Reform is politically contested. As of April 2026: Rep. Langworthy (NY) introduced the Infrastructure Expansion Act (2025) at the federal level to exempt federally-funded construction projects from §240 — not yet enacted. Assembly Bill A9128 (2025) would suspend §240 in Nassau and Suffolk Counties — not enacted. Labor unions and the NY plaintiffs' bar strongly oppose reform, citing ~500 NYC construction injuries in 2024 alone. Pending reform does NOT affect existing cases (constitutional takings concerns) but might limit future filings. If you have a potential §240 claim, file now — do not wait for legislative uncertainty.
Reform Debate & Active Litigation
Active legal debates (as of April 2026):
- 'Sole proximate cause' defense is fact-intensive, heavily litigated — no bright line
- §241(6) Industrial Code violations must be identified precisely; courts split on which are 'specific' enough
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- orlowlaw.com/what-is-new-yorks-scaffold-law
- www.raphaelsonlaw.com/legal-insights/labor-law-240-241
- aeelaw.com/insights/construction-accident-settlements-ny
- www.city-journal.org/article/new-york-infrastructure-expansion-act-construction-scaffold-law
Other State Construction Accident Calculators
California
Privette Doctrine — default no GC liability
Pennsylvania
Statutory Employer Doctrine — McDonald 5-prong
Illinois
Post-SWA common-law negligence (Carney)
Massachusetts
Corsetti retained-control + §28 double benefits
All States — Main Construction Calculator
Nationwide ranges + Fatal Four hazards + third-party liability theories
Related
Other Calculators for New York
Each New York calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses New York verdict data where available.
Cities in New York
Construction Accident Calculators by State
Construction injury settlement values and labor-law rules vary by state: