New York's construction accident laws are among the most protective in the nation. Two statutes in particular — Labor Law Section 240 (the "Scaffold Law") and Section 241(6) — provide powerful tools for injured construction workers to recover compensation.
Labor Law Section 240: The Scaffold Law
Section 240 is one of the most important protections for construction workers in New York. It imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites.
What's Covered?
The law covers injuries resulting from: - Falls from scaffolds, ladders, or elevated work surfaces - Objects falling from heights onto workers - Injuries from improperly secured loads - Any elevation-related hazard
Why It's Powerful
What makes Section 240 so significant is that it imposes strict liability. This means that if a gravity-related safety device was missing, inadequate, or defective, the property owner and general contractor are liable — regardless of whether the worker was partially at fault.
Labor Law Section 241(6)
Section 241(6) requires property owners and general contractors to provide reasonable and adequate safety protections for construction workers. Unlike Section 240, it applies to a broader range of hazards, not just gravity-related ones.
How It Works
To succeed under Section 241(6), an injured worker must show that: 1. A specific Industrial Code regulation was violated 2. The violation was a proximate cause of the injury
Common Violations
Frequent Industrial Code violations include inadequate guardrails, unsafe scaffolding, failure to provide proper safety equipment, and inadequate lighting.
Workers' Compensation vs. Third-Party Claims
Many injured construction workers don't realize they may have claims beyond workers' compensation. While workers' comp provides some benefits, it typically doesn't cover pain and suffering or the full extent of your losses.
Labor Law claims are brought against property owners and general contractors — not your employer — which means you can recover these additional damages.
Contact an Experienced Construction Accident Attorney
If you've been injured on a construction site, it's crucial to work with an attorney who understands New York's complex construction accident laws. Contact Janusas Law for a free consultation.