If you work on a construction site in New York, it’s important to know the specific legal provisions that protect you if you’re injured on the job. Construction work can be hazardous, and these laws aim to impose statutory safety obligations on property owners and contractors so they can maintain safer working conditions. Whether you were recently injured at work or simply want to better understand your rights, knowing how Labor Law 241(6) applies to your workplace is a step in the right direction.
Below, our construction accident lawyers in Queens, NY, from Elliot Ifraimoff & Associates, PC, explain this legal protection in detail.
What Is Labor Law 241(6)? A Personal Injury Attorney in New York Explains
Labor Law 241(6) is a New York statute giving construction workers legal protection when they are hurt on the job. It requires property owners and general contractors to provide reasonably adequate protection or safety measures for workers performing construction activities.
In practice, site owners and contractors must follow specific safety rules found in the New York Industrial Code, particularly Part 23. If these rules are violated and a worker is injured as a result, the responsible parties may be held liable, even if they were not directly supervising the work or personally involved in creating the hazard.
Some Industrial Code safety regulation compliance standards include:
- Guardrails installed at required minimum heights
- Protective shields or covers on saws, power tools, and heavy machinery
- Controlled blast zones when using explosives
- Safe and properly designed hoisting systems for lifting materials
- Clear, unobstructed pathways
Essentially, Labor Law 241(6) ensures that workers are protected by enforceable safety standards. If a subcontractor or another party creates a dangerous condition, such as by leaving wires exposed, both that party and the contractor or owner overseeing the project may be held responsible for any resulting injuries.
Who Does This Construction Site Safety Provision Protect?
Labor Law 241(6) protects a range of workers involved in construction, demolition, and excavation activities. This includes anyone from carpenters, electricians, and plumbers to crane operators and other tradespeople performing tasks that alter structures. It also protects workers employed by subcontractors, temporary labor agencies, or other third parties on the site.
Examples of Industrial Code Violations Under Labor Law 241(6)
Quite a few hazards can fall under the umbrella of a Labor Law 241(6) violation. Here are just a few examples:
- Missing guardrails around an open edge
- Uncovered floor openings
- Lacking protective guards on a power saw
- Inadequate lighting in a work area
- Failure to provide proper eye, face, or respiratory protection
- Slippery work surfaces caused by debris, oils, or construction materials
A Brief Guide to Understanding Whether Your Case Falls Under Labor Law 241(6)
If you were hurt at work from a hazardous condition, that doesn’t automatically mean that a Labor Law 241(6) violation occurred. For your case to fall under Labor Law 241(6), it needs to meet a few criteria:
- The work you were performing must have been a “covered activity.”
- There must have been a violation of Part 23 of the NY Industrial Code.
- The violation must have created unsafe working conditions.
- The violation must have been the cause of your accident and injuries.
Filing Your Lawsuit and Proving Liability
Filing a Labor Law 241(6) lawsuit requires careful documentation and evidence collection. Injured workers must demonstrate that the property owner, general contractor, or subcontractor failed to follow the safety regulations outlined in Part 23 of the Industrial Code. This often includes photographs of the hazardous condition, witness statements, inspection reports, and medical records showing the extent of the injury.
Unlike ordinary negligence claims, you do not need to prove that the owner or contractor was personally negligent. Instead, you only need to establish that a specific and applicable provision of the New York Industrial Code was violated and that the violation was a proximate cause of the injury.
Understanding the Nondelegable Duty Provision
A key feature of Labor Law 241(6) is the nondelegable duty imposed on property owners and general contractors. This legal principle holds them responsible for maintaining a safe worksite, even if they hire subcontractors to perform part of the work.
What does this mean? An owner or general contractor can be held liable for accidents caused by a subcontractor’s unsafe practices, because the law ultimately considers site safety their responsibility. This ensures injured workers have a clear path to pursuing compensation, regardless of who directly created the hazard.
Are You Looking for a Construction Injury Lawyer in Queens, NY?
Now that you know how Labor Law 241(6) works, it’s time to understand New York Labor Law 240. If you’re seeking representation for an active case, call Elliot Ifraimoff & Associates, PC, at (888) 275-3554.
FAQs Answered by a Construction Accident Lawyer in Queens, NY
Understanding how Labor Law 241(6) works in the greater context of construction site accidents can be confusing. Find more information below:
Does Labor Law 241(6) Impose Strict Liability?
Labor Law 241(6) is a vicarious liability statute, meaning property owners and general contractors can be held responsible for safety violations made by themselves or their subcontractors. This does not work the same as strict liability claims, as you’re still required to prove that a qualifying Industrial Code violation occurred and was a proximate cause of the injury.
How Is Labor Law 240 Different From 241?
Labor Law 240, often called the “Scaffold Law,” focuses on protecting workers from falls and elevation-related accidents. Labor Law 241(6) covers a broader range of safety violations that may occur on construction, demolition, and excavation sites.
Does Workers’ Compensation Bar You From Filing a Labor Law 241(6) Lawsuit?
Workers’ compensation does not prevent you from filing a Labor Law 241(6) claim, though it does bar you from suing your employer. Still, you can file a Labor Law 241(6) claim against a property owner or general contractor who is not your employer.
Are Construction Accident Injuries Common in New York?
Construction accident injuries are relatively common in New York, with an average of 50 industry workers dying each year. This figure may not seem high in comparison to the approximately 362,000 construction workers employed in the state. Still, individuals should consider that New York construction sites face a higher fatality rate than the national average.
This article is intended for informational purposes only and does not constitute legal advice.