New York has some of the strongest construction worker protections in the United States. If you were injured on a construction site in New York, you may have rights under New York Labor Law §§ 240 and 241 that go far beyond what is available in other states. These statutes impose absolute liability on property owners and general contractors for certain categories of construction accidents, meaning you can recover compensation even if you were partially at fault for your own injury. This guide explains what these laws cover, who is protected, and what a construction accident claim in New York actually looks like.
New York Labor Law § 240: The Scaffold Law
New York Labor Law § 240(1), commonly called the Scaffold Law, is one of the most powerful worker-protection statutes in the country. It applies to accidents involving elevation-related risks on construction sites.
Under § 240(1), property owners and general contractors are absolutely liable for injuries caused by:
- Falls from ladders, scaffolding, roofs, or elevated work surfaces
- Objects falling and striking a worker below
- Collapses of scaffolding, hoists, or other elevation-related equipment
“Absolute liability” means the owner and contractor are responsible regardless of whether you followed safety protocols, contributed to the accident, or even if the accident was partly your fault. The only exception is if the worker was the “sole proximate cause” of the accident, a narrow defense that is difficult for defendants to establish.
Who Is Protected by Labor Law § 240?
Section 240 protects workers “employed in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.” This covers a broad range of tradespeople including:
- Ironworkers and steel erectors
- Carpenters and framers
- Electricians performing elevated work
- Roofers and waterproofers
- Painters working from ladders or scaffolds
- Demolition workers
Independent contractors and day laborers may also be covered. Homeowners who are not directly supervising the work are exempt, but commercial property owners and general contractors are not.
New York Labor Law § 241(6): Site Safety Standards
Labor Law § 241(6) covers a broader range of construction site hazards. Unlike § 240, it is not limited to elevation-related accidents. It requires property owners and general contractors to ensure that:
“All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”
Section 241(6) creates liability when a specific Industrial Code regulation (12 NYCRR Part 23) has been violated. The most commonly cited regulations involve:
- Improper or missing safety equipment at elevated work areas
- Inadequate lighting in work zones
- Failure to protect floor openings and open sides
- Defective or unguarded machinery and power tools
- Improper handling and storage of materials
Unlike § 240, § 241(6) allows defendants to raise comparative fault. If you were partly responsible for the accident, your damages may be reduced by your percentage of fault. But the property owner and contractor remain liable for their share.
Labor Law § 200: General Negligence on Construction Sites
Section 200 is a codification of the general duty to maintain a safe workplace. It applies when:
- The owner or contractor had the authority to supervise or control the work that caused the injury, or
- The dangerous condition was created by the contractor’s own work methods
This section typically applies to accidents caused by defective site conditions (potholes, uneven ground, collapse of temporary structures) and is often pleaded alongside § 240 or § 241(6).
Common Construction Accidents Covered Under New York Law
The construction accidents most frequently handled by New York personal injury attorneys include:
- Scaffold falls: Worker falls from improperly secured scaffolding or scaffold planking gives way
- Ladder accidents: Ladders placed on slippery or uneven surfaces, or defective ladders supplied by the contractor
- Falling objects: Tools, materials, or debris dropped from an elevation striking a worker below
- Roof falls: Unprotected roof edges on commercial or residential construction projects
- Trench collapses: Excavation cave-ins due to improper shoring
- Electrocution: Exposed wiring or inadequate lockout/tagout procedures
- Equipment accidents: Forklifts, cranes, or other heavy equipment operating unsafely near workers
- Floor opening falls: Workers falling through unprotected floor openings or holes
Who Can Be Held Liable for a Construction Accident?
Potentially liable parties in a New York construction accident include:
- The property owner: Liable under § 240 and § 241(6) regardless of whether they were physically present on the job
- The general contractor: Responsible for site safety and subcontractor oversight
- A subcontractor: If their negligence caused the accident through equipment failures or unsafe work methods
- Equipment manufacturers: If defective equipment caused or contributed to the accident, a product liability claim may exist separately
- Third-party maintenance companies: If a defective tool or machine was improperly serviced
Workers’ compensation and personal injury claims are separate. Even if you receive workers’ compensation benefits from your employer, you may still be able to bring a personal injury lawsuit against the property owner or general contractor under Labor Law §§ 240 and 241.
Workers’ Compensation vs. Labor Law Claims
In New York, injured construction workers typically have two paths for recovery:
Workers’ compensation is available through your employer regardless of fault. It covers medical bills and a portion of lost wages, but it does not compensate for pain and suffering, and benefits are capped.
A Labor Law lawsuit is brought against the property owner and general contractor, not your employer. It can include full lost wages, medical expenses, and substantial pain and suffering damages, often far exceeding what workers’ compensation provides.
You can pursue both simultaneously. Your workers’ compensation carrier may have a lien on any personal injury recovery, which your attorney will negotiate as part of the resolution.
Frequently Asked Questions: Construction Accidents in New York
How long do I have to file a construction accident lawsuit in New York?
Three years from the date of the accident under CPLR § 214. Workers’ compensation claims must be filed within two years of the accident or two years of the last payment of benefits.
Can I sue even though I am receiving workers’ compensation?
Yes. Workers’ compensation bars lawsuits against your direct employer, but it does not prevent lawsuits against the property owner, general contractor, or other third parties on the construction site. This third-party lawsuit is entirely separate.
Does it matter if I was partially at fault for the accident?
For § 240 scaffold law claims, the property owner and general contractor are absolutely liable and cannot use your comparative fault as a defense (except in the rare “sole proximate cause” scenario). For § 241(6) and § 200 claims, your fault may reduce the recovery but does not eliminate it.
What if I am an undocumented worker?
New York law does not require immigration status to bring a construction accident claim. Workers who are undocumented have the same rights to workers’ compensation and personal injury recovery as documented workers.
How much is a construction accident case worth in New York?
Construction accident cases under Labor Law § 240 and § 241(6) are among the highest-value personal injury cases in New York. Cases involving permanent disability, spinal injuries, or traumatic brain injuries regularly resolve in the seven-figure range.
Talk to a New York Construction Accident Lawyer
Liakas Law represents construction workers injured on job sites throughout New York City and the surrounding region. Our attorneys are experienced in New York Labor Law § 240 and § 241(6) claims and have handled cases involving scaffold falls, falling objects, and construction site negligence across all five boroughs. We work on a contingency fee basis, so there is no cost unless we recover for you.
Contact Liakas Law today for a free case evaluation.
