Doesn’t Workers’ Compensation prohibit such actions?

In New York State, if Section 240 of the Labor Law applies, then if you’re hurt, you are not barred by Workers’ Comp from bringing an action against the owner of the structure (in the proper situation) or, if you are working for a subcontractor, against one of the contractors or general contractors on the project.

National Organization of Social Security Claimants’ Representatives
United States District Court of Northern and Western Districts
Broome County Bar Association