Safety should never take a backseat in a city that never stops building. Yet according to the New York City Department of Buildings (DOB), over 750 construction-related injuries were reported across the five boroughs in 2024 alone, many linked to clear and preventable violations of safety regulations.
From high-rise projects in Midtown to residential builds in Brooklyn, New York’s dense construction landscape puts both workers and bystanders at risk when contractors fail to follow the rules. While accidents can happen anywhere, many of these construction accident injuries trace back to violations that should never have occurred.
What Is a Construction Violation in New York?
A construction violation refers to any breach of NYC’s Building Code or related safety regulations, as enforced by the DOB.
Types of NYC Construction Violations:
- OATH Violations: The Office of Administrative Trials and Hearings (OATH) issues these, often for safety or zoning infractions.
- Class 1 – Immediately Hazardous: The most serious. These violations represent immediate threats to life, health, or property.
- Class 2 or 3 Violations: Less severe but still must be corrected to avoid fines or site shutdowns.
For example, a Class 1 violation like failing to install fall protection on a scaffolding platform is not just a regulatory issue—it’s a leading cause of fatal construction falls.
You can search DOB violations on your building or worksite using the NYC DOB’s online database.
Top NYC Construction Violations That Lead to Serious Injuries
When workers are injured or killed on-site, the root cause is often one of the following violations:
Fall Hazards (Scaffolding, Ladders, Roof Work)
Falls are the number one cause of construction fatalities in NYC. Violations tied to these injuries often include:
- Missing or damaged guardrails on scaffolding
- Inadequate or absent fall arrest systems
- Unsafe or unsecured ladders
- Working without required personal fall protection
New York Labor Law § 240—known as the Scaffold Law—holds contractors and property owners strictly liable for fall-related injuries due to safety failures.
Falling Object Risks
Pedestrians and workers can be seriously injured by falling tools, materials, or debris when:
- Loads are not properly hoisted or secured
- Netting, toe boards, or sidewalk sheds are missing
- Warning signs or barriers are not posted
Unsafe Machinery or Tools
Violations here may include:
- Use of defective power tools or heavy machinery
- Lack of training or supervision on dangerous equipment
- Failure to follow OSHA’s lockout/tagout protocols
Excavation & Trenching Violations
Trench collapses are often fatal. Common violations include:
- No protective shoring or trench boxes
- Ignoring sloping and benching requirements
- Exposing workers to cave-in risks without warning
Inadequate Site Safety Plans (SSP)
Every major construction site in NYC must have a Site Safety Plan and a licensed Site Safety Manager (SSM). Violations include:
- No SSM on-site during active work
- Failure to post emergency procedures
- Lack of proper signage or hazard warnings
Who Can Be Held Liable for a Construction Violation?
After a serious injury, identifying the responsible party is critical. Depending on the facts, you may be able to hold the following entities accountable:
- General Contractors: Responsible for site-wide safety and compliance.
- Subcontractors: Liable for unsafe practices or specific task violations.
- Property Owners/Developers: May be held strictly liable under NY labor laws.
- Architects or Engineers: In rare cases involving faulty plans or supervision.
- City or Municipal Agencies: If injury stemmed from a failure to enforce known violations or hazards.
In 2023, a Queens construction worker received a multi-million-dollar settlement after falling from an unguarded scaffold—a clear violation of Labor Law § 240 and DOB safety regulations.
How to Prove a Construction Violation Caused Your Injury
Successful injury claims require clear evidence. Your legal team will help you gather:
- DOB Violation Reports related to the site and contractor
- OSHA Citations or inspection results
- Eyewitness Statements from coworkers or passersby
- Video Footage from nearby security or street cameras
- Expert Testimony from construction safety professionals or engineers
Documentation of these violations is often the key to securing full compensation.
Legal Options After a NYC Construction Site Injury
Injured workers and bystanders may have multiple paths to financial recovery:
Workers’ Compensation
Covers basic medical bills and lost wages but does not allow for pain and suffering or punitive damages.
Third-Party Personal Injury Claims
If your injury involved a negligent contractor, property owner, or equipment manufacturer, you can file a lawsuit for:
- Pain and suffering
- Full wage loss and future earnings
- Medical expenses
- Disability or disfigurement
Wrongful Death Claims
If a loved one died due to a construction violation, surviving family members may pursue compensation for funeral costs, lost support, and more.
If you suspect a code violation caused your injury, speak with our NYC construction accident lawyers today. We’ll investigate your case and guide you through every legal option.
Don’t Let Construction Site Negligence Go Unpunished
Construction accident claims are not like typical injury cases. New York’s labor laws provide unique legal protections for workers but enforcing them requires experience and aggressive investigation.
An experienced construction accident attorney can:
- Determine whether a safety violation occurred
- Identify all liable parties under New York labor laws
- Preserve and gather critical evidence before it disappears
- Navigate DOB, OSHA, and site-specific legal complexities
- Maximize your compensation through strategic litigation
These cases are often high-stakes, and the contractors, insurers, and owners have legal teams that have been working against you from day one.
Injured in a Construction Accident? HKD Fights for You
At Hecht, Kleeger & Damasheck, P.C., we’ve spent decades holding negligent contractors, developers, and site owners accountable across New York City. Our team has recovered hundreds of millions of dollars for injured workers and their families, and we’re ready to help you understand your rights and build a powerful case.
If you or a loved one were injured at or near a construction site, don’t wait. Call (212) 490-5700 or fill out our online contact form for a free, confidential consultation. No fees unless you win.