I fell at a site while installing new wiring. I work as an electrician. The building owner hired my company to install new wiring. I fell off a ladder when I was snaking cable through a wall. What claims do I have?
The first claim you have is Worker’s Compensation. The Compensation carrier will cover your medical expenses and part of your lost wages while you recover from your injuries. You must notify your employer within 30 days after the accident. You may also be in the electrical worker’s union. There is a separate forum just for electrical workers at the Compensation Board. Generally, you should have excellent coverage.
The other claim you potentially have is for personal injuries against the building owner and/or general contractor of the job. Unfortunately, this is one of those cases where, as an attorney, I cannot give you a simple answer. I can only outline the issues that your case addresses.
“Construction” Work
Since you fell from a ladder your case might be covered by the Labor Law. However, not all accident cases involving professional trades fall with the protection of the Labor Law. In order to receive Labor Law protection, the type of work the tradesperson is doing at the time of accident must be “construction work.” Industrial Code 12 NYCRR 23-1.4[b][13] defines “construction work” as “work of the types performed in the construction, erection, alteration, repair, maintenance, painting or moving of buildings or other structures.” There are a number of cases that attempt to define “construction work.” The best I can do is explain the factors a Court would consider.
In Joblon v Solow, 91 NY2d 457, 672 NYS2d 286 (1998), the Court of Appeals found that an electrician installing conduit through a hole in a wall that he had to chop with a hammer and chisel constituted “construction work.” The Court of Appeals distinguished the Joblon case in Nagel v D&R Realty Corp, 99 NY2d 98, 752 NYS2d 581 (2002). The plaintiff in Nagel was an elevator mechanic performing an inspection on elevator brakes when he fell and injured himself. The Court found that elevator mechanic activity to be routine maintenance and not “construction work.”
The legal opinions in this area all delve into which of the these two buckets a particular case falls. Was the worker performing “maintenance” or “construction?” If the opinion finds the worker activity was “construction,” the case fits within the protection of the Labor Law.
Electrical Work as Construction or Maintenance
There are many cases on this issue. One case which may be close to yours is Lopez v Kamco Services, LLC, 231 AD3d 1142 (2d Dept. 2024). In Lopez, the worker was an electrician running wire from a commercial building to a tent which was being used to store materials. The Court found that activity was “construction” rather than “maintenance.” The worker was covered by the Labor Law for his accident. This illustrates how an electrician injured while installing wiring was covered under the Labor Law. See also Breslin v Access Auto Sales, LLC, 2025 NY SlipOp 3615 (3d Dept. 2025).
There is no bright line rule of law in this area. Your case would depend on the extent of the wiring and changes to the building to determine if you were performing “construction” or “maintenance.” The more factors you can point to that demonstrate structural changes, the more likely the Court will find that you are performing “construction.” And if you are performing “construction,” you are protected by the Labor Law and could bring a case for your personal injuries.
By James Santner, Esq.