Lost a Limb on a New York Construction Site? You May Be Entitled to Significant Compensation
Suffered an amputation at a NY construction site? Machinery guarding violations under Labor Law §241(6) impose liability on owners. Free case review.
Amputations at construction sites are typically caused by unguarded machinery — a direct violation of New York Industrial Code requirements. These injuries permanently alter a worker's career and quality of life.
New York workers injured in amputations situations have access to some of the strongest legal protections in the country. Under §241(6), property owners and general contractors may be held strictly or vicariously liable without proving they were careless. This is not an accident — the Legislature designed these laws specifically to protect the state's construction workers.
What Causes Amputations at New York Job Sites
- Table saw or circular saw without blade guard in place
- Unguarded conveyor belt or roller machinery
- Worker's hand or arm caught in rotating equipment
- Angle grinder kickback causing severe laceration
- Being caught in closing mechanism of heavy equipment
- Hydraulic equipment malfunction trapping a limb
Common Injuries in Amputations Accidents
- Traumatic amputation of fingers or hand
- Below-elbow amputation requiring prosthesis
- Foot or lower leg amputation from equipment contact
- Degloving injuries with subsequent amputation
- Crush injuries requiring surgical amputation
- Phantom limb pain as a long-term complication
The Law Behind Amputations Claims in New York
Labor Law §241(6) covers amputation injuries through Industrial Code 12 NYCRR 23-1.12, which requires that all power-driven machinery used in construction be equipped with appropriate guards, shields, or other protective devices to prevent contact with dangerous moving parts. This is a specific, concrete regulatory requirement — its violation supplies the predicate for §241(6) liability against the owner and general contractor. OSHA 29 CFR 1926.300 and 1926.302 impose parallel federal requirements on hand and power tools. Unlike §240(1), §241(6) allows comparative fault as a defense, so these cases turn heavily on what safety instructions the worker was given and whether the guard was removed by someone other than the injured worker.
This creates liability when a specific Industrial Code section is violated and that violation causes injury. Unlike §240, §241(6) requires proof of a specific rule violation — but once established, the property owner and GC are vicariously liable.
Industrial Code 12 NYCRR 23-9.2 sets specific construction standards that directly apply to amputations situations. 12 NYCRR 23-1.12 — violations of these rules are the predicate for a §241(6) claim alongside or instead of a §240 claim.
OSHA standards (29 CFR 1926.300, 29 CFR 1926.302) are also relevant. An OSHA citation or inspection report following your accident can be powerful evidence of the property owner's or GC's failure to maintain a safe worksite.
Labor Law
- §241(6)
Industrial Code
- 12 NYCRR 23-1.12
OSHA Standards
- 29 CFR 1926.300
- 29 CFR 1926.302
What Are Amputations Cases Worth in New York?
Typical Low End
$500,000
Serious/Permanent Injury
$5,000,000+
New York amputations settlements typically range from $500,000 to $5,000,000+. The wide range reflects real differences in outcomes: a worker who suffers a broken wrist and returns to work in three months is in a very different position than a worker with a spinal cord injury who cannot return to any employment.
Key factors in your case value include the severity and permanence of your injuries, your pre-injury earning history (construction trades typically earn $60,000–$120,000/year or more, compounding lost wage damages), the number and financial strength of defendants, and any Workers' Compensation offset.
Do not accept an early settlement offer without consulting a lawyer. Insurance adjusters' first offers are calculated to minimize payout. A §240 claim with a permanent injury is worth multiple times what an adjuster's early offer reflects.
How to Protect Your Amputations Case
Preserve physical evidence
Photograph the scene, equipment, and conditions before the property owner or GC modifies anything. Physical evidence is the foundation of a §240 or §241(6) claim.
Secure all incident documentation
Obtain the incident report, OSHA records, and any site safety logs from the day of your accident.
Identify all potentially liable parties
The property owner, general contractor, equipment manufacturer, and others may all face liability. Your attorney will conduct a full investigation to name all responsible parties.
Get comprehensive medical evaluation
Injuries from construction accidents are frequently more severe than initial emergency evaluations indicate. Specialist records maximize your damages recovery.
Frequently Asked Questions
Hurt in a Amputations Accident in New York?
Call (888) 702-1581 for a free case review. We handle §241(6) claims throughout New York state. No fee unless we win.