Construction Trade Worker Injuries in New York — Your Rights Under Labor Law 240

What Labor Law 240 Actually Does

New York Labor Law § 240(1), often called the Scaffold Law, holds property owners and general contractors strictly liable when a worker is injured by a fall from height or by a falling object. "Strictly liable" means the owner can't argue the worker was careless or that the site was otherwise safe. If the required safety device wasn't in place and you fell, they're responsible. Full stop.

This law was passed in 1885 and has been reinforced by courts ever since. It exists because the people who profit from construction — owners, developers, GCs — are in a position to control site conditions. Workers often aren't. The law puts the risk of injury on the party with the power to prevent it.

What it doesn't do is cover everything. Trips on flat ground, repetitive strain injuries, equipment malfunctions unrelated to elevation — those fall under different theories. Understanding where your injury fits is the difference between a strong case and no case.

Labor Law 241(6) — Safety Regulations That Create Liability

Section 241(6) covers a wider range of construction accidents. It says that owners and contractors must comply with the specific safety rules set out in the New York State Industrial Code (12 NYCRR Part 23). When they don't, and a worker gets hurt because of it, that's negligence.

The Industrial Code has rules for almost everything that happens on a job site: proper lighting (23-1.30), housekeeping and slipping hazards (23-1.7(d) and (e)), ladder requirements (23-1.21), and specific rules for each kind of work — concrete, demolition, excavation, scaffolding. A violation of any specific, concrete rule in the Code — not just a general safety principle — can trigger 241(6) liability.

Unlike 240(1), 241(6) is not absolute liability. A defendant can argue comparative negligence — meaning a jury might reduce your recovery if they find you were partially at fault. But when there's a clear code violation, that argument often doesn't get far.

Labor Law 200 — General Duty and Site Control

Section 200 is New York's version of a general duty clause. It requires that construction sites be maintained in a safe condition. This section is most useful in two types of cases: (1) when the dangerous condition was a defect in the premises itself rather than the method of work, and (2) when the owner or GC actually supervised or controlled the work that caused the injury.

You'll often see all three sections pleaded together — 240, 241, and 200 — because each covers a different theory. A good lawyer looks at the facts and argues every applicable theory.

Why Your Specific Trade Matters

The same law applies across all trades, but the facts that make a case — and the defenses that get raised against it — are highly trade-specific.

A roofer falling through a skylight opening is a straightforward 240(1) case. An ironworker struck by a load swinging from a crane — also 240(1). An electrician who falls from a ladder doing rough-in wiring — 240(1). But an electrician who gets electrocuted without any fall component? That's a different legal path entirely: workers' comp plus a potential third-party claim against the manufacturer or contractor who created the electrical hazard.

Each trade also has specific OSHA standards under 29 CFR Part 1926 that apply to their work. And under 241(6), those regulations — plus the NY Industrial Code — define what constitutes a violation. The specific standard that was violated, and whether it's "concrete" enough to support a 241(6) claim, is something courts have litigated extensively. Trade-specific knowledge matters here.

The OSHA citations also matter in your workers' compensation case and in any third-party claim. When OSHA cites a contractor after a serious accident, that citation is evidence — not proof in itself, but useful evidence.

Union vs. Non-Union Workers: Does It Matter?

Short answer: not for Labor Law rights. Section 240 and 241 apply to any worker employed on a covered construction, demolition, or repair project — union or not. Your immigration status doesn't matter either. New York courts have consistently held that undocumented workers have the same Labor Law rights as anyone else.

Where union membership can make a difference is in other ways. Union members typically have better access to job records, safety inspection reports, and union-side legal resources. Union contracts often specify which safety equipment must be provided. And union reps can help identify witnesses who saw what happened.

If you're non-union and working for a subcontractor on a union site, you're still protected by Labor Law 240 — the owner and GC are responsible for providing proper fall protection to every worker on the site, regardless of who their employer is.

Workers' Comp Is Not Your Only Option

Workers' compensation pays for your medical bills and replaces a portion of your wages while you're out of work. It's no-fault, which means you get it regardless of who caused the accident. But it caps your recovery — typically two-thirds of your average weekly wage, with limits — and you can't recover for pain and suffering through workers' comp.

A Labor Law claim against the owner or GC is a separate lawsuit. It's not instead of workers' comp — you collect both. The third-party lawsuit is where you can recover full lost wages, pain and suffering, and all the damages workers' comp leaves on the table.

If your employer is uninsured — which happens, particularly with smaller subcontractors — the New York Uninsured Employers Fund covers your workers' comp claim while you pursue the owner and GC in a Labor Law case.

Trade-Specific Pages

Each trade has specific hazards, OSHA standards, and union locals. Pick your trade below for information tailored to your situation.