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Personal Injury

Construction Accidents

Most construction injuries start with workers’ comp, which pays no matter who was at fault but usually bars you from suing your own employer. The real case is often against someone else on the job: the property owner, the general contractor, another subcontractor, or the company that made the equipment. Here is how the rules work in each state we cover, and why New York is unlike anywhere else.

4States Covered
Articles

What the Rules Actually Cost You

Comp first, then who else you can sue
Flag of New York

New York

Labor Law 240(1) · 241(6) · CPLR 214
3 yearsto sue the owner or contractor
30daysReport the injury to
your employer for comp
PLUS
0%fault offsetUnder 240(1), your own
carelessness is no defense
Scaffold LawOwners and contractors are strictly liable for falls and falling objects without proper safety devices
Sole causeThe one exception: you alone caused the accident while proper devices were available
241(6)Needs a specific Industrial Code violation, and your own fault can reduce the award
Your own employer stays shielded by comp unless you suffered a statutory grave injury
Flag of Connecticut

Connecticut

Conn. Gen. Stat. § 52-584 · § 31-284
2 yearsto sue a third party, from the date of injury
1yearWritten comp notice
to your employer
PLUS
3year outer limitFrom the act itself,
discovered or not
Comp barWorkers’ comp is your only remedy against your own employer in almost every case
Third partiesThe general contractor, other subs, the owner, and equipment makers can be sued
Fault ruleModified comparative. 51 percent at fault and you recover nothing
Your employer’s comp carrier gets paid back first out of any third-party recovery
Flag of New Jersey

New Jersey

N.J.S.A. 2A:14-2 · 34:15-8
2 yearsto sue a third party, from the accident
90daysOuter limit to notify
your employer for comp
PLUS
2yearsTo file a formal
comp claim petition
Intentional wrongYou can sue your employer only if it knew injury was substantially certain
Third partiesThe general contractor, other subs, the owner, and equipment makers can be sued
Fault ruleModified comparative. 51 percent at fault and you recover nothing
Removing a machine’s safety guard can be enough to get past the comp bar
Flag of Florida

Florida

Fla. Stat. § 440.11 · § 95.11
2 yearsto sue a third party, cut from four in 2023
30daysReport the injury to
your employer for comp
PLUS
2yearsTo file a comp
petition for benefits
Other subsOther subcontractors on the same job are usually immune too, absent gross negligence
UninsuredAn employer that failed to carry workers’ comp can be sued directly
Fault ruleModified comparative since 2023. More than 50 percent at fault and you recover nothing
The general contractor is usually your statutory employer, so it shares the comp immunity

Latest on Construction Accidents

Where Were You Hurt?
Fell from a ladder or scaffold in New YorkNY · The Scaffold Law, Labor Law 240(1) Hurt on a job site in ConnecticutCT · Suing beyond your employer Injured by a machine at work in New JerseyNJ · The intentional wrong exception Hurt by another sub’s crew in FloridaFL · Who shares comp immunity
Deadlines That End Cases
New York lawsuit3 years
Connecticut lawsuit2 years
New Jersey lawsuit2 years
Florida lawsuit2 years
NY comp notice30 days
NJ comp notice90 days
FL comp notice30 days

If a city, school district, or transit authority owns the site, a 90-day notice of claim can apply first. Ask early.

After a Job Site Injury
Report the injury to your supervisor in writing, the same day if you can
Photograph the ladder, scaffold, equipment, or site conditions
Get names of coworkers and anyone from other trades who saw it
Write down the owner, the general contractor, and every sub on site
Keep pay stubs and any union or payroll records
Get medical care and tell the provider it happened at work

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