New York labor laws compel construction companies, contractors, and property owners to meet certain safety standards and protect workers from dangerous conditions. But despite these laws, accidents happen on construction sites frequently in NYC.
If you were injured on a construction site, you know all too well the types of hazards workers are exposed to. While you can’t go back in time and prevent the accident, you can take steps to protect your rights moving forward.
A construction accident lawyer in Queens, NY, can help you understand your legal rights and options under New York labor laws and other applicable standards.
NY Labor Laws To Know as an Injured Construction Worker
Construction accidents are unfortunately common despite the many safety standards and labor laws in place. In 2024, there were just over 1,000 workplace deaths in the private construction industry, according to the BLS. New York ranks fourth for the number of fatal injuries in construction, according to data from the Center for Construction Research and Training, with approximately 477 construction fatalities between 2011 and 2018.
Just because injuries and fatalities happen more often than they should on construction sites doesn’t mean they should be accepted as inevitable. New York labor laws aim to prevent such accidents by standardizing safe practices and holding contractors and owners liable for certain incidents.
As an injured construction worker, these are the construction site safety regulations you should know under New York labor law.
New York Labor Law § 200
Labor Law 200 is New York’s “general duty clause” for workplace and construction safety, codifying the common law duty of owners and general contractors to provide workers with a reasonably safe job site. This includes using equipment properly and having adequate lighting, among other standards. Property owners and contractors must generally operate and oversee job sites to protect employee health and safety.
If you were injured due to a violation of Labor Law 200, you may have a case against an owner, contractor, or other liable party. Courts typically recognize two types of claims:
- Dangerous conditions claims, in which injuries arise from an existing unsafe physical condition on the property. To prove liability, you must show that the owner or contractor either created the hazard or had actual or constructive notice of it before the incident.
- Means and methods claims, which arise from how the actual work is performed. Proving liability requires showing that the owner or contractor exercised direct supervisory control over the activity that caused the injury, rather than merely general oversight.
New York Labor Law § 240(1)
Labor Law 240, also known as the Scaffold Law, applies to certain gravity-related accidents. Under this law, building owners and general contractors are required to provide certain safety equipment to protect workers against gravity-related hazards, including falls and falling objects.
Failing to comply with this law can leave owners and contractors strictly liable for resulting injuries. So when safety devices like scaffolds, ladders, hoists, and guardrails are missing, defective, improperly placed, or inadequate, and a worker is injured as a result, the parties responsible for the site may be automatically and strictly liable for the accident where the statutory violation was a proximate cause of the injury.
If you were injured in a gravity-related accident, it is worth exploring with an NYC construction accident lawyer whether the Scaffold Law applies to your case.
New York Labor Law § 241(6)
Labor Law 241(6) outlines safety requirements for those working on construction, demolition, and excavation projects. Crews, contractors, and property owners must adhere to requirements such as:
- Installing safety barriers around elevator shafts used for hoisting materials
- Adding planks to floors beneath work areas where there is no double flooring
- Conducting an asbestos survey before beginning demolitions in certain cases
This law creates a non-delegable duty to meet these safety standards on applicable worksites. This means that property owners and contractors may be legally responsible for safety compliance even if they do not directly supervise the work. Importantly, this law exempts owners of one- or two-family dwellings who do not direct or control the work from liability for injuries.
What To Do if Your Injury Involved a Labor Law Violation
If you were injured in a construction accident, you likely qualify for workers’ compensation benefits regardless of whether your accident involved a labor law violation. But legal violations could provide grounds for liability claims against the property owner, general contractor, or another party responsible for overseeing the work that failed to meet proper safety standards.
Your first step should generally be talking to a construction accident lawyer in NYC about your legal rights and options. They can help you determine whether your situation may constitute a violation of labor laws. If so, they can walk you through a legal claim against the liable party and potentially seek damages beyond your workers’ compensation benefits.
Contact a Construction Accident Attorney in NYC
Navigating the legal steps after a construction accident can feel challenging when you are also focused on recovering from serious construction injuries. A Queens construction accident lawyer can help you feel more confident moving forward.
Elliot Ifraimoff & Associates, PC, represents injured construction workers through the compensation process. Contact us today at 718-205-1010 for a free consultation with a construction accident lawyer.
Frequently Asked Questions
Where do you report New York labor law violations on construction sites?
You can report labor law violations on construction sites to the New York State Department of Labor either online or via phone. Meanwhile, you can report unpermitted work or immediate dangers on construction sites within New York City to the NYC Department of Buildings by calling 311.
Can I hold my employer liable for labor law violations that lead to injuries?
You generally cannot hold your employer directly liable for injuries on construction sites, but you may be able to hold a third party liable, such as the property owner or a general contractor. An NYC construction accident lawyer can help you explore your options.
How long does an employee have to report a workplace injury in NY?
Employees should generally report workplace injuries to their employers in writing within 30 days of the incident.
This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.