New York Labor Laws

New York law gives special protection to workers injured while in the course of construction, demolition, renovation, repair, or alteration of buildings. When construction and demolition workers are injured in workplace accidents caused by a violation of New York Labor Law sections 200, 240, or 241, they may be entitled to recover damages. In certain circumstances sections 240 and 241 impose strict liability, meaning that the injured worker can recover damages regardless of who was at fault for the accident.

Note: To view the New York State Industrial Code, please visit the New York State Department of Labor's website.

Section 200

Section 200 of the New York State Labor Law requires owners and certain contractors to use reasonable care to make workplaces that are under their control, as well as the ways of getting to and from these workplaces, reasonably safe. New York construction workers who are injured on the job may have a cause of action for failure to provide a safe place to work under Labor Law Section 200 if the owner or contractor failed to fulfill his or her duties to protect his or her employees from injury.

Section 240

Labor Law Section 240 is a New York statute that protects the rights of workers who are injured when they fall from heights or are struck by a falling object while working. Section 240 can be applied to ladder and scaffolding accidents (as well as other falls from heights), including accidents that take place during the erection, demolition, repairing, altering, painting, or cleaning of a building or structure. This legislation was deemed necessary because the injuries that result from falls from an elevated height are often severe and can result in death or permanent disabilities.

Also known as the "Scaffold Law," Labor Law Section 240 places the responsibility for falls from height on a third party if the third party failed to provide the proper, non-defective safety devices to guard against the risks associated with working at heights. Third parties that can be held liable for a construction worker's fall under Labor Law Section 240 include:

• General contractors
• Project owners
• Construction/project managers
• Building owners

According to the Scaffold Law, these parties must guarantee the safety of the employees working under them by providing safety lines, harnesses, guardrails, or any other safety equipment or devices that may be necessary. In addition, this law places responsibility on the third party if an individual is injured by an object that falls from an elevated height because of improper hoisting or a failure to properly secure an item. Injured workers who fall under this law are eligible to recover financial compensation in addition to workers' compensation benefits. Even if you believe you may have contributed to the scaffold accident or are not sure how the scaffold accident occurred, you may be entitled to compensation.

Section 241

New York construction workers involved in construction, excavation or demolition of buildings are protected by Section 241 of the Labor Law. This section provides for specific actions to be followed on the job site and specific equipment to be provided to the workers in order to ensure worksite safety. It requires construction site owners and general contractors to make sure that the work area is constructed, shored, equipped, guarded, arranged, operated and conducted so that reasonable and adequate protection and safety is provided to the construction workers on the site.

Section 241 requires owners and contractors to comply with various regulations adopted by the New York Department of Labor for protection of construction workers. If owners or contractors fail to comply with these regulations, the owner and general contractor may be responsible for compensating the injured worker for pain and suffering, lost wages, medical expenses and other damages.

The construction accident attorneys at Block O'Toole & Murphy, LLP are familiar with all of the New York labor laws that can be applied to construction site injury cases, including Sections 200, 240, and 241. If you have been injured in a construction accident, contact the firm today for a Free Consultation. We can explain your legal rights under these laws, as well as your options for recovering compensation.