The law that applies to your claim
The work happening here
Sustained redevelopment along the Hudson waterfront and around the downtown, alongside continual renovation, facade work and roof replacement on housing stock that is among the oldest in the county. Renovation work in occupied buildings is its own hazard: partial demolition, temporary shoring, and openings created in floors that were sound the day before.
The statutes
Labor Law §240(1) and §241(6) apply here exactly as they do anywhere in New York, and are explained on our New York construction accident page and its Labor Law 240 page.
Renovation is more dangerous than new build
New construction is planned. Renovation is discovery — concealed conditions, unknown structure, and work sequences that change daily. Floors are opened, shoring is temporary, and the protection that existed yesterday may have been removed this morning by another trade.
That is where the falls happen in a city like this: through openings created for new risers, from facade and roof edges without perimeter protection, and off ladders used because there was no room to set a scaffold.
Steep sites, tight access
Building on Yonkers hillsides means retained excavations, sloped access for equipment and material staged wherever it will fit. Deliveries and hoisting frequently happen from a public street with pedestrians routed alongside.
Those conditions produce struck-by injuries and equipment incidents at a rate flatter sites do not, and they usually involve several contractors at once — each with its own coverage.
Move before the site changes
Sites here look different within a week. Photographs, the sign-in sheets showing every contractor present, the daily reports and the rental records for whatever failed all need capturing early, while the crew is still on that job.
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 paid off the books.
The Labor Law protects you regardless, and regardless of immigration status. How you were paid does not affect the claim against the owner or general contractor.
It was a small renovation, not a big site.
The statutes are not limited to large projects. What matters is the type of work and whether proper protection was provided.
Do I have to go to court in Yonkers?
No. Westchester civil claims are generally heard in White Plains, a few minutes from our office.
