Under New York law, an injured construction worker can recover all damages suffered as a result of the injury or accident. The New York State Labor Law deals with the issue of liability which answers the question: who is at fault ? Labor Law 240, 241, 241(6), and 200 deal with liability of the owner and or general contractor and others in a construction accident.
In some cases, the court will grant an injured construction worker summary judgment meaning the owner or general contractor is at fault as a matter of law. The only issue then becomes the amount of monetary damages to award as compensation for the injury. If summary judgment is not granted, a jury would decide liability at the time of trial.
If a worker is successful in proving that a construction accident was the fault of an owner of general contractor, the damages recoverable would include:
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