Contractor Liability

Skanska Construction Accident Liability in New York

Skanska USA Building manages some of New York's most complex construction projects, including MTA subway work and the LaGuardia airport renovation. Workers injured at Skanska sites may have direct claims under Labor Law 240 and 241.

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About Skanska USA Building

Skanska is a Swedish multinational construction and development company, one of the largest contractors in the world by revenue. Founded in 1887 as Rudolf Fredrik Berg's surveying firm in Gothenburg, the company expanded internationally throughout the 20th century and entered the United States market through acquisitions in the 1970s and 1990s. Today Skanska USA operates across multiple divisions — Skanska USA Building handles commercial and institutional construction; Skanska USA Civil handles infrastructure.

In New York, Skanska has been deeply involved in major infrastructure and institutional projects. The company has performed significant MTA contract work — subway station rehabilitation, signal system upgrades, and other transit infrastructure work underground and at grade. Skanska was also a key contractor in the LaGuardia Airport central terminal redevelopment, a $4 billion project that rebuilt the terminal used by tens of millions of passengers annually.

Skanska's New York portfolio also includes hospital construction, university facilities, and commercial buildings. The variety of project types — from active subway tunnels to operating hospital campuses to active airport terminals — means Skanska workers and subcontractor workers face a particularly wide range of hazardous conditions.

Skanska's Non-Delegable Duty Under Labor Law 240 and 241

As general contractor or construction manager on New York projects, Skanska bears the same non-delegable duty as any other GC under Labor Law §§ 240(1) and 241(6). These statutes don't ask whether Skanska employed the injured worker — they ask whether Skanska was the contractor or agent responsible for the work.

Infrastructure work adds wrinkles that are worth understanding. Underground subway construction creates unique fall-into hazards (open shafts, temporary platforms over live track areas) and falling-object risks that standard building sites don't present in the same way. Section 240(1) covers falls into holes and pits, not just falls from elevated surfaces. A worker who falls into an unprotected shaft during MTA station work has the same 240(1) claim as a roofer who falls from a building.

Airport construction — active construction zones near operating runways and terminals — introduces additional complications around site access, equipment movement, and proximity to aviation operations. But the Labor Law applies regardless of the location. Workers doing covered construction, demolition, or repair work have the same rights on an airport tarmac as on a midtown office tower.

Industrial Code violations (Section 241(6)) are especially prevalent in complex infrastructure settings: inadequate lighting in tunnels, temporary passages without proper handrails, debris accumulation in work areas, unguarded excavations. Each of these can support a 241(6) claim against Skanska as the responsible contractor.

Public Authority Projects and the 90-Day Notice Requirement

This point is critical for Skanska cases and any case involving infrastructure work: when the property owner is a government entity — the MTA, the Port Authority, the City of New York, or another public authority — injured workers must file a Notice of Claim within 90 days of the accident to preserve claims against that entity.

Missing the 90-day window does not necessarily end all claims. Skanska itself, as the general contractor, is not a public authority and is not protected by Notice of Claim requirements. But the property owner — the MTA on a subway project, the Port Authority at an airport — is, and losing that defendant can significantly affect the case.

If you were hurt at a Skanska site that involves any government entity as the owner, contact an attorney immediately. The 90-day clock starts running from the date of your accident.

What Injured Workers at Skanska Sites Can Recover

Workers injured at Skanska sites in New York with valid Labor Law 240 or 241 claims can seek full tort damages — medical expenses, lost wages, reduced future earning capacity, and pain and suffering. Workers' compensation from your employer is separate and does not bar these claims.

On infrastructure projects, injury severity tends to be high. Tunnel work involves heavy equipment, confined spaces, and falls into excavations. Airport construction involves equipment with large blind spots and workers in close proximity to heavy vehicles. When these injuries are serious — spinal cord damage, crushing injuries, traumatic brain injuries — the damages are commensurately substantial.

Documenting Your Claim at a Skanska Site

Skanska's project documentation practices are extensive — they maintain safety inspection records, incident reports, subcontractor daily logs, and equipment maintenance records. This documentation is obtainable through litigation discovery and can be critical to proving the conditions that caused your injury. Your job is to make sure your side of the documentation is equally solid:

  • Get the incident report filed and a copy of it before leaving the site
  • Photograph the exact condition that caused your injury if at all possible
  • Note the names and badges of any Skanska supervisory personnel who responded to the accident
  • Get medical treatment the same day — don't wait
  • Keep your own written record of what happened
  • Don't sign releases or give recorded statements to anyone representing Skanska

Common Questions

I was hurt doing MTA subway work. Can I sue Skanska and the MTA?

Yes, potentially. Skanska as GC faces non-delegable liability under Labor Law 240/241. The MTA as property owner faces the same liability under those statutes — but MTA is a public authority, so you had 90 days from the accident to file a Notice of Claim against it. If that window has passed, your claim against the MTA may be barred, but your claim against Skanska as the contractor is a separate analysis with a different limitations period.

I fell into an open shaft at a subway construction site — is that a 240(1) claim?

Likely yes. Labor Law 240(1) covers elevation-related injuries in both directions: falling from a height and falling into a hole or pit below. A worker who falls into an unprotected excavation or shaft has the same type of gravity-related injury the statute was written to cover. The question is whether the opening was inadequately protected — no cover, no barrier, no guardrail — when it should have been.

Does Labor Law apply at airport construction sites like LaGuardia?

Yes. The Labor Law applies to covered construction work in New York State regardless of location. Workers doing construction, renovation, or demolition at an airport are protected by Sections 240 and 241 the same as anywhere else. The airport setting doesn't change the analysis — though it may affect who the property owner defendants are (the Port Authority) and whether Notice of Claim rules apply.

I'm a union ironworker — does having union benefits affect my right to sue Skanska?

No. Having union health benefits, a union pension, or workers' comp through a union fund does not affect your right to bring a third-party Labor Law claim. Workers' comp benefits and union benefits may create liens on any recovery, but they don't eliminate your right to pursue the GC. An attorney can walk through exactly how liens would work in your specific situation.

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