The law that applies to your claim
The work happening here
Downtown White Plains has seen sustained high-rise residential and mixed-use development, alongside hospital expansion, corporate fit-outs along Westchester Avenue, and ongoing county infrastructure work. That means tower cranes, deep excavations in tight urban lots, curtain-wall installation, and a great deal of interior work at height.
Where the case is heard
Westchester County Supreme Court, 111 Dr. Martin Luther King Jr. Boulevard — often within sight of the site itself. Labor Law cases are frequently decided on summary judgment motions, and how a county’s parts handle those motions genuinely matters to timing and leverage.
The statutes
Labor Law §240(1), §241(6) and the Industrial Code are the same across New York, and are explained on our New York construction accident page and its Labor Law 240 page.
A dense downtown changes the hazards
Urban infill sites are tight. There is no laydown area, so material is stored on the floors being built. Cranes swing over occupied streets and adjacent buildings. Excavations run close to existing foundations and live utilities. Deliveries stage in the street with pedestrians routed past them.
That produces a particular pattern of injuries here: falls at unprotected leading edges and shaftways, material falling into the street or onto lower floors, and workers struck during hoisting in confined space.
Multiple contractors, multiple insurers
A downtown tower involves a developer, a construction manager, and often dozens of subcontractors. That is an advantage: the Labor Law places non-delegable duties on the owner and general contractor regardless of who your employer is, and each responsible party carries its own coverage.
Identifying every entity on site the day you were hurt is the first task, and the site’s own daily reports and sign-in logs are where that starts.
Act before the site changes
A White Plains site looks materially different within a week. Scaffolding moves, floors close in, the excavation is backfilled. Photographs, the identity of every subcontractor, delivery and rental records, and witness names need capturing while the crew is still on that job rather than moved to the next one.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I am not a union member.
The Labor Law protects workers regardless of union membership, and regardless of immigration status.
I already receive workers’ compensation.
That does not affect a claim against the owner or general contractor. Compensation bars only a claim against your own employer — the third-party claim is where compensation for pain and suffering comes from.
The general contractor says they had no control over my work.
Under §240(1) and §241(6) the duty is non-delegable. Lack of supervision is not a defense to those claims.
