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★ New York · workplace

Workplace settlements
in New York.

By Reviewed by Abd Shanti, Founder9 min read

New York construction workers who fall from heights have one of the strongest claims in the country under Labor Law § 240(1). A plumber who fell from a ladder at a waste transfer station recovered about $1.5 million.

Facts that decide a workplace claim in New York

Maximum weekly benefit$1,281.50 for injuries from 1 July 2026 to 30 June 2027, and $1,222.42 for the year before.Workers’ Compensation Board, schedule of maximum weekly benefits
Minimum weekly benefit$384.45 from 1 July 2026 (one fifth of the state average weekly wage, or actual wages if less).Workers’ Compensation Board, schedule of maximum weekly benefits
Scaffold LawLabor Law § 240(1) “imposes a nondelegable duty and absolute liability upon owners and general contractors for failing to provide safety devices” at elevated work sites when that failure is a proximate cause of injury.Lahoz-Vargas v. Bop Ne, LLC (2d Dept 2025)
Deadline to sueThree years for “an action to recover damages for a personal injury,” with exceptions for some claims.CPLR 214(5)
united states · sister site
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★ NY · reported workplace outcomes

What New York courts have awarded.

Real New York decisions and verdicts, each linked to the court record or official report.

  • Smith v. City of New York
    Appellate Division, Second Department · 2020
    $1,496,449.80 judgment, affirmed

    A journeyman plumber working on a waste transfer station fell from a ladder onto the deck below and claimed a herniated cervical disc and injuries to his lower back and neck. The jury’s damages verdict led to a judgment of $1,496,449.80, after the court reduced future lost earnings for collateral sources. He appealed arguing pain and suffering was too low, and the Second Department affirmed.

  • Lahoz-Vargas v. Bop Ne, LLC
    Appellate Division, Second Department · 2025
    Summary judgment on liability denied; affirmed

    A construction worker sought summary judgment under Labor Law § 240(1). The court restated the absolute liability rule but held that, on the facts of that case, including the falling object rules, he had not established liability as a matter of law.

★ NY · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in New York.

  1. 1

    Height related injuries on construction sites point to § 240(1). Owners and general contractors are liable if the lack of a proper safety device caused the fall.

  2. 2

    Summary judgment is not automatic. Lahoz-Vargas shows the worker must still prove the statutory elements, especially in falling object cases.

  3. 3

    Collateral sources reduce some awards. In Smith the court reduced future lost earnings under CPLR 4545(a).

★ NY · statute of limitations
3 years for personal injury; 2 years 6 months for medical malpractice

CPLR § 214, § 214-a

★ NY · fault rule
Pure comparative negligence

Pure comparative negligence under CPLR Article 14-A, except that since 26 May 2026 a claimant in a car crash case under the no-fault law whose fault is greater than the defendants’ recovers nothing (CPLR 1411(b)).

★ workplace · same region & fault regime

Compare to like jurisdictions.

How New York's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
New York · you are herePure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice—
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · workplace →
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace →
VermontModified comparative, 51% bar3 years from date of injuryVT · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
North CarolinaPure contributory negligence3 years from date of injuryNC · workplace →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · workplace →
★ NY · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in New York? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of NY
New York overview

Fault rule, statute, caps, and key facts for New York as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in New York. See /methodology, /sources, and /disclaimer.