New York Labor Laws and Construction Accidents
Construction work is one of the most dangerous occupations in New York, from the non-stop building, demolition and renovation of New York City to growing regions throughout the Hudson Valley. The risks construction workers face each day—from falls, falling objects, and equipment failures to exposure to hazardous substances—are significant. To address these dangers and ensure workers are protected, New York has enacted specific labor laws that provide powerful legal remedies for construction accident victims. Even so, property owners, contractors and their insurers continue to fight claims in and out of court, where winning a summary judgment motion on liability can make or break a case.
New York labor laws, particularly Sections 200, 240, and 241 of the New York Labor Law, impose legal duties on property owners, general contractors, and others involved in construction projects. These laws are designed to promote safer work environments and hold the responsible parties accountable when safety standards are not met. Understanding the legal framework surrounding construction accidents is critical for injured workers and their families. For help after a construction accident in Ulster County or the Hudson Valley, contact Rusk, Wadlin, Hepper & Martuscello, LLP, to speak with a member of our team of experienced and dedicated Kingston construction accident lawyers.
Section 200 – Common Law Negligence
Section 200 of the New York Labor Law codifies the common law duty to provide workers with a reasonably safe workplace. It applies broadly to all types of work environments, including construction sites. Under this section, liability arises when a property owner or contractor has actual or constructive notice of a dangerous condition and fails to correct it, resulting in injury. For example, if a worker slips and falls due to an oil spill that the contractor failed to clean up despite prior complaints, Section 200 may provide a basis for a claim.
Section 240(1) – the Scaffold Law
Section 240(1), commonly known as the “Scaffold Law,” is perhaps the most well-known and powerful protection for construction workers in New York. This law applies specifically to gravity-related accidents—typically involving falls from heights or being struck by falling objects—during certain types of work such as the erection, demolition, painting, cleaning, or repairing of a building or structure. Unlike general negligence claims, liability under Section 240(1) is absolute. If a worker is injured in a qualifying accident and the proper safety equipment was not provided, the responsible parties (such as the building owner or general contractor) are strictly liable, regardless of the worker’s own actions or level of fault.
For example, if a construction worker falls from scaffolding because he was not provided with a harness or guardrails, Section 240 would apply. The injured worker would not have to prove negligence—only that the law was violated and that the violation led to the injury. This strict liability provision is a significant advantage for injured workers, providing a clear and effective legal remedy in many construction accident cases.
Section 241(6) – Industrial Code Violations
Section 241(6) of the Labor Law provides further protection by requiring that all areas in which construction, excavation, or demolition work is being performed be constructed, equipped, arranged, operated, and conducted so as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. The rules under Section 241 are more specific and detailed, incorporating various regulations found in the New York Industrial Code. Unlike Section 240, liability under Section 241 is not absolute but is still easier to establish than under general negligence standards. If a violation of the Industrial Code contributed to a worker’s injuries, the property owner or contractor may be held liable.
For instance, if a trench is not properly shored and collapses on a worker, the failure to follow safety protocols outlined in the Industrial Code could form the basis for a Section 241 claim. Pursuing a claim under 241(6) requires knowledge of the Industrial Code as well as specific provisions of the voluminous New York Codes, Rules, and Regulations (NYCRR), which impose detailed, specific safety requirements on various aspects of construction.
Compensation for Labor Law Violations
These laws collectively ensure that injured construction workers are not left to navigate the complex and often inadequate world of workers’ compensation benefits alone. Instead, they may pursue lawsuits against third parties who are responsible for maintaining safe work conditions.
It is important to note that New York’s labor laws do not eliminate the availability of workers’ compensation benefits. Injured construction workers are typically entitled to medical coverage and a portion of lost wages through the workers’ compensation system, regardless of who was at fault for the accident. However, workers’ compensation benefits are often limited and may not fully compensate a victim for pain and suffering, loss of future earning capacity, or other non-economic damages. That’s where third-party claims under Labor Law Sections 200, 240, and 241 can provide crucial additional compensation. These laws are also essential for construction workers who work as independent contractors and are not “employees” entitled to workers’ comp coverage.
Successfully pursuing a Labor Law claim requires prompt investigation and a strong legal strategy. Construction accident cases often involve multiple parties, including property owners, general contractors, subcontractors, equipment suppliers, and architects or engineers. Determining who is legally responsible and whether they can be held liable under the relevant labor laws requires a careful review of the facts and the applicable legal standards.
Protect Yourself With Medical and Legal Help After a Construction Accident in New York
Injured workers should document the scene of the accident if possible, report the injury immediately, and seek medical attention. It is also essential to consult with an experienced construction accident attorney who understands New York’s complex labor laws and can effectively advocate for the worker’s rights. Legal representation can make a critical difference in the outcome of the case, especially when dealing with powerful construction companies and their insurers who may attempt to shift blame or downplay the extent of injuries.
At Rusk, Wadlin, Heppner & Martuscello, LLP, our attorneys have decades of experience representing construction workers injured in accidents throughout the Hudson Valley. We are well-versed in New York’s Labor Laws, and our firm is committed to holding negligent parties accountable. Whether a case involves a fall from a scaffold, a collapsed trench, or any other type of construction site accident, our legal team will conduct a thorough investigation, consult with expert witnesses when necessary, and pursue the full compensation our clients deserve.
Contact Us Today
Construction accidents can have devastating consequences, leading to long-term disabilities, chronic pain, and financial hardship. Victims may face mounting medical bills, time away from work, and an uncertain future. New York’s labor laws provide strong protections to help ease these burdens, but securing those protections requires skilled legal guidance.
If you or a loved one has been injured in a construction accident in New York, don’t wait to assert your rights. Contact Rusk, Wadlin, Heppner & Martuscello, LLP for a free consultation and find out how we can help you pursue justice and fair compensation. Call 845-331-4100 for our office in Kingston, 845-236-4411 for our Marlboro office, or call 800-566-4101 toll-free throughout the Hudson Valley.
