The short answer to this question is no; in fact, your case could end up being dismissed. As noted in our articles Construction Site Injuries and New York's Labor Laws and Construction Site Accidents: Why Fewer Cases Are Succeeding, New York's courts have taken a far more active role in dismissing those cases whose facts do not fall squarely within the purview of those statutes that were enacted to protect construction workers from height-related risks. That being said, if your case does fall within one of these categories, you may even be entitled to damages as a matter of law.