- July 11, 2025
- Tucker Law
- Work Injury
If you’re injured on a worksite because of an Occupational Safety and Health Administration (OSHA) rule violation, you may assume you can sue your employer. However, under New York City and state regulations, your primary remedy is workers’ compensation instead of a lawsuit directly against your employer for negligence. While you can report your employer’s violations to OSHA, you cannot typically file an OSHA violation lawsuit in NYC for breaking OSHA regulations.
To have a full understanding of your construction worker rights in NY, you should speak to a New York City construction accident lawyer. You might have the ability to bring a personal injury lawsuit against someone other than your employer whose negligence contributed to the OSHA violations that led to your injuries. Learn more about OSHA and the rights injured workers have in New York City and New York State.
What Does OSHA Do?
OSHA is a federal agency under the U.S. Dept. of Labor, established in 1970 to enforce workplace safety rules, conduct inspections, and ensure training, protective equipment, and hazard controls are in place. At NYC construction sites, OSHA sets standards that parallel — but do not replace — state and city regulations like New York Labor Laws 200, 240 (“Scaffold Law”), and 241(6). These rules cover everything from scaffolding, ladders, and fall protection to equipment maintenance and on-site training. Non-compliance through missing guardrails, defective scaffolding, or lack of PPE can lead to serious or fatal injuries.
Workers’ Compensation: The Default Remedy for Construction Worker Rights in NY After an Injury Accident
New York workers’ comp covers workplace injuries without proving employer fault and provides medical benefits and partial lost-wage coverage. But it does not cover pain and suffering or full wage replacement.
Options to Sue Third Parties in an OSHA Violation Lawsuit in NYC
Even though you can’t sue your employer directly, you can file an OSHA violation lawsuit in NYC against third parties — like property owners, contractors, equipment manufacturers, or subcontractors — if their OSHA violations contributed to your injuries. If you can link an OSHA breach to your accident, that violation becomes strong evidence of negligence.
Using OSHA Violations as Evidence in Court
Courts often admit non‑compliance with OSHA standards as evidence of negligence, even when the case is against a third party. Strong proof of an OSHA violation supports your argument that the responsible party “knew or should have known” about the risk.
How OSHA Rules and New York Laws Mirror Each Other to Protect Workers From Injuries
NY Labor Law Sections 200, 240, and 241(6) create rigid employer liability for unsafe working conditions, many of which overlap with OSHA standards.
Labor Law 240
Labor Law 240 holds owners and contractors strictly liable for fall-related injuries or falling objects, regardless of employer fault.
Section 241(6)
Section 241(6) enforces industrial code requirements around excavation, scaffolding, ladders, and site safety plans.
Labor Law 200
Labor Law 200 requires all work occurs in a “reasonably safe manner” and penalizes known hazards.
Understanding Your Construction Worker Rights in NY
Every construction worker in New York has fundamental construction worker rights in NY, including to:
- Work in a hazard-free environment
- Access safety equipment, training, and proper supervision
- Report violations without fear, as OSHA whistleblower protections prohibit retaliation like firing, demotion, or reduced shifts
- Participate in OSHA inspections and review incident reports and safety assessments
- File OSHA complaints confidentially, even while filing for workers’ comp
Real-World Examples and Impacts of an OSHA Violation Lawsuit in NYC
Learn more about how an injury lawsuit may work if a third party violated OSHA rules on the construction site, leading to your injuries.
Gravity‑Related Injuries
A laborer injured by falling debris or in a fall, even if the scaffolding complied with generic industry standards, can sue through Labor Law 240 and OSHA scaffold and fall protection rules. A Bronx ironworker nearly crippled by a 30‑foot fall received a multi-million-dollar settlement after proving no fall protection was provided.
Machinery and PPE Failures
Workers injured by unguarded equipment, crushed in trench collapses, or harmed in forklift accidents can point to OSHA’s PPE, machine guarding, or trenching safety rules. They can use Labor Law 200 and Labor Law 241(6) to build third-party claims.
Protecting Your Rights: Construction Worker Rights in NY Matter
Understanding construction worker rights in NY empowers you to:
- Refuse unsafe work or report it
- File a workers’ comp claim without delay
- Leverage OSHA violations to expand compensation through litigation
How a Personal Injury Lawyer Can Help
Injured workers frequently benefit from hiring NYC personal injury lawyers for reasons including the following.
- Investigating violations: Lawyers collect OSHA records, inspection logs, and hazard reports, while also speaking to former workers.
- Identifying liable parties: Beyond your employer, they assess if contractors, site owners, architects, or equipment suppliers also bear responsibility.
- Building strong cases: They tie OSHA and state-law violations directly to your injury to maximize recovery.
- Navigating insurance and litigation: They file claims, negotiate, and, if needed, file a lawsuit.
- Protecting rights: Lawyers handle retaliation threats, ensuring you can report hazards without jeopardy.
With an experienced attorney, your chances of securing full compensation significantly improve. NY courts recognize OSHA-based evidence, and experienced lawyers use it to pressure defendants to settle, often before trial.
Let Tucker Lawyers Help You Explore Your Options for Seeking Compensation After an OSHA Violation Leaves You Injured at Work
While workers’ compensation provides essential support after a construction accident, it often falls short compared to a personal injury lawsuit. Workers’ comp only covers medical expenses and a portion of lost wages. It does not compensate for pain and suffering, emotional distress, or full income loss. Benefits are also capped, regardless of the injury’s severity or the level of negligence involved.
In contrast, a personal injury lawsuit — especially one based on Labor Law violations or OSHA breaches — can result in significantly higher compensation. These claims allow injured workers to recover damages for long-term disability, mental anguish, and loss of future earnings.
If you suffered injuries in a construction accident related to OSHA violations, don’t assume you have to settle for workers’ comp alone. Understand that an OSHA violation lawsuit in NYC, backed by your construction worker rights in NY, could unlock far more money. Contact Tucker Lawyers today at (516) 399-2364 for a free case review to learn more about your options.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]