Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
You’ve been hurt on a NY construction site and need help quickly. New York is special in that it gives injured construction workers legal protections that most other states do not. Labor Law §§ 240, 241(6), and 200 impose specific and, in the case of § 240, near-absolute liability on site owners and general contractors when a worker is hurt by a gravity-related hazard or a specific safety violation.
The Syracuse construction accident lawyers at Passalacqua & Associates, LLC handle these third-party Labor Law claims for Onondaga County construction workers whose injuries have gone well beyond what workers’ compensation alone can cover.
Call (315) 500-6425 for a free, confidential consultation. We answer 24/7.
Why New York Construction Injuries Are Different
New York’s Labor Law imposes specific statutory duties on owners and general contractors toward construction workers. Unlike ordinary negligence, these duties are non-delegable, and in the § 240 context, liability is essentially absolute where the statute applies.
Labor Law § 240 (the Scaffold Law)

Labor Law § 240 requires owners and general contractors to furnish or erect safety devices adequate to protect workers from elevation-related hazards. It applies to falls from height and to injuries caused by falling objects that were being hoisted or should have been secured. Where the statute applies and the safety device was inadequate, liability is essentially absolute. Contributory negligence by the worker is generally not a defense.
Labor Law § 241(6)
Labor Law § 241(6) requires owners and general contractors to comply with the specific safety regulations codified in the Industrial Code (12 NYCRR Part 23). A violation of a concrete, applicable Industrial Code provision can support liability without proving common-law negligence. Comparative fault applies, but the worker’s fault does not bar recovery.
Labor Law § 200
Labor Law § 200 codifies the common-law duty to provide a reasonably safe workplace. It applies to construction and non-construction contexts and requires proof of actual or constructive notice of the dangerous condition or supervisory control by the defendant.
Which statute or combination of statutes applies is fact-specific. Most viable Syracuse construction cases proceed under one or more of them simultaneously.
You Can Sue Even If Workers’ Compensation Is Paying Your Medical Bills
Workers’ compensation is your primary source of medical coverage and a portion of lost wages after a work injury in New York. Comp is generally your exclusive remedy against your direct employer. It does not, however, bar a claim against a third party who caused or contributed to your injury.
- Comp is exclusive against your employer. You cannot sue your own employer in tort for a work injury in most circumstances.
- Workers’ compensation does not bar a claim against the site owner, general contractor, prime contractor, subcontractor other than your employer, equipment manufacturer, or design professional.
- Third-party claims can recover full damages, including pain and suffering and future lost earnings, which comp does not pay.
- The comp carrier has a lien on the third-party recovery for what it has paid. Coordinating the two claims properly can materially affect the net recovery to the injured worker.
Running both tracks in parallel is the norm in a serious construction injury case. Getting counsel involved early is the difference between full and partial recovery.
Types of Construction Site Injuries We Handle
Different injury mechanisms trigger different Labor Law provisions and different defendants. We handle the full range of Onondaga County construction accident cases.
Scaffold, ladder, and elevated-surface falls
The core § 240 fact pattern. Inadequate scaffold planking, missing guardrails, unsecured ladders, failed harnesses, and unprotected roof edges. Falls from height frequently cause traumatic brain injuries, spinal cord damage, and multiple fractures.
Falling object strikes
Tools, materials, and equipment that fall from height and strike workers below. Section 240 covers loads being hoisted or that should have been secured for the purpose of the work. Objects that simply fall from an upper level implicate § 241(6) and Industrial Code hoisting-and-securing regulations.
Trench and excavation collapse
OSHA and NY Industrial Code have detailed shoring and sloping requirements for excavations. Collapse cases turn on trench depth, soil classification, and the specific protective systems that were or were not in place.
Crane, hoist, and heavy equipment injuries
Struck-by, caught-between, and rigging-failure cases involving cranes, forklifts, and other heavy equipment. Manufacturer product liability claims may run alongside the Labor Law claim.
Electrocution and electrical burn injuries
Contact with energized power lines, ungrounded tools, and failed lockout-tagout procedures. Third-party defendants can include the utility, the electrical contractor, and equipment manufacturers.
Fires, explosions, and chemical exposure
Combustible dust, welding accidents, and exposure to hazardous substances. These cases often require industrial hygiene experts and OSHA documentation.
The I-81 Viaduct Project and the Syracuse Construction Landscape

Syracuse is in the middle of a multi-year I-81 Community Grid reconstruction, and the construction injury volume across Onondaga County has increased with it. Cases arising on state-managed projects have their own procedural wrinkles.
- NY State DOT and its contractors on the I-81 project can be defendants in third-party claims, subject to the 90-day Notice of Claim deadline for claims against a public entity.
- Prime and subcontractor liability turns on who had authority to control the work and enforce safety on the specific hazard.
- Multi-employer worksites typically produce multiple potential defendants, and the theory of the case shapes which of them are named.
- OSHA citations and NY PESH inspection reports are useful evidence but do not by themselves establish civil liability.
The construction cases we handle come from I-81, from private commercial builds around downtown and University Hill, and from residential subcontract work across the county.
What to Do After a Syracuse Construction Site Injury
The first 48 hours shape a construction case more than most workers realize. Do these five things before you talk to anyone from the general contractor’s insurer.
- Get medical treatment today. Report every injury and every symptom, and follow up on all referrals. Gaps in care are the single most common attack line insurers use.
- Report the injury to your foreman or supervisor in writing and keep a copy. NY workers’ comp law requires notice within 30 days.
- Photograph the scene, the equipment, and any safety devices that were or were not in place. Sites change fast.
- Get contact information for every witness on the crew.
- Do not give a recorded statement to the general contractor’s insurer or the site owner’s insurer without counsel. You are not required to.
Then call a lawyer. Comp benefits will start on their own; the Labor Law claim will not unless someone builds it.
Call (315) 500-6425 for a free case review.
Deadlines: Comp Notice, Labor Law SOL, and Notice of Claim

Multiple deadlines run simultaneously on a construction injury, and missing any of them can end the corresponding claim.
- Workers’ compensation notice: 30 days from the injury (or from knowledge of the injury) to notify your employer in writing under WCL § 18.
- Workers’ compensation claim (C-3 form): within 2 years of the accident.
- Third-party negligence and Labor Law claims: 3 years from the injury under CPLR § 214(5).
- Notice of Claim against a public entity: 90 days from the accident, with the lawsuit filed within one year and 90 days (Gen. Mun. Law §§ 50-e, 50-i).
- Wrongful death claims: 2 years from the date of death under EPTL § 5-4.1.
If a NY State DOT contractor, a municipal entity, or a public utility is involved, the 90-day window controls. Call today.
Onondaga County Venue for Construction Injury Cases
Most Syracuse construction Labor Law cases are filed in Onondaga County Supreme Court. These cases have a distinct rhythm that our Syracuse personal injury lawyers understand.
- Onondaga County Supreme Court hears the civil damages case, with contribution and indemnification claims among defendants often running in parallel.
- The defense bar is specialized. Construction insurers use a small pool of defense firms who know the Labor Law playbook. Your counsel needs to know it too.
- Discovery is site-heavy. OSHA citations, daily reports, tool-box talks, contractor scope-of-work documents, and safety plans are central.
- Expert testimony is standard. Site safety, engineering, and life-care planning experts drive both liability and damages.
Why Choose Passalacqua & Associates for Your Construction Injury Case

Construction cases require serious trial resources, expert coordination, and comfort with multi-defendant litigation. Ask any firm you interview specifically about Labor Law § 240 and § 241 trial experience.
- A trial firm. We prepare every case for trial, which shifts what defendants and their insurers offer on settlement.
- Two or more attorneys on every case. Real second-set-of-eyes review of every motion, expert consultation, and settlement recommendation.
- Over 50 years of combined experience across construction injury, complex litigation, and personal injury in Central New York.
- 230+ five-star client reviews and recognition from Avvo, Justia, and FindLaw.
Prior results do not guarantee a similar outcome.
Frequently Asked Questions

Talk to a Syracuse Construction Accident Lawyer Today
Construction cases turn on evidence that changes quickly. Site conditions get repaired, equipment gets moved, and witnesses roll off to new jobs. The sooner counsel is involved, the more of the record we can preserve.
When you call, we’ll ask about:
- Where and when the injury happened
- Who the general contractor, site owner, and your direct employer are
- What safety equipment was or was not in place
- Whether you have already reported the injury and filed comp paperwork
- The nature and current status of your injuries
Call Passalacqua & Associates, LLC at (315) 500-6425 any time, day or night, or visit our Syracuse office at 499 S. Warren St, Suite 220, Syracuse, NY 13202. Consultations are free and confidential.
