Construction workers face serious safety hazards on the job. To protect crews working in the Empire State, legislators have enacted various New York labor laws. Take a closer look at three key pieces of legislation that aim to enhance workplace safety.
Were you recently hurt while working at a construction site? Meet with a construction accident lawyer in New York to review your rights and whether you can pursue an injury claim against a liable party.
Why Labor Regulations Matter for Construction Workers
A constant need for residential, commercial, and government building projects propels the construction industry in New York. In fact, the state had the country’s fourth-largest construction sector in 2024, according to the Office of the New York State Comptroller. While this offers plenty of employment opportunities, laborers face many safety risks on the job.
The U.S. Bureau of Labor Statistics reports that the construction industry accounts for 20.8% of fatal workplace accidents. New York, in particular, sees its fair share of fatal construction injuries.
Between 2011 and 2024, the state had 471 construction-related deaths. Only Florida, California, and Texas recorded more fatal incidents, according to data from CPWR.
The risk of falls, trauma from falling objects, and crush injuries from machinery makes construction extremely dangerous. Several New York labor laws exist to help keep workers safe and reduce the risk of injury.
Understanding New York’s Crucial Labor Laws
It doesn’t matter if you consult a construction accident lawyer in Mineola, Buffalo, or anywhere in between. Personal injury attorneys across the state should be familiar with three key labor laws.
New York Labor Law 200 states that employers and property owners have a duty to provide a reasonably safe work environment. This statute, which can apply to multiple workplaces, focuses on addressing hazardous conditions that may put workers in harm’s way. For example, if a construction company creates a large opening in a floor and fails to barricade the area, it is creating a hazardous situation for workers.
Statute 240, also known as the Scaffold Law, refers to height-related risks. Builders often utilize scaffolds, hoists, ladders, and other equipment to reach elevated surfaces. This equipment must be secured to prevent workers from falling and injuring themselves.
The legislation also aims to prevent objects from falling and striking anyone on the ground. For instance, if a scaffold is used to hold construction debris but the materials aren’t kept secure, they may fall off. Head trauma, lacerations, and broken bones are among the injuries that someone may sustain if they’re struck by an object.
Finally, Labor Law 241(6) reinforces safety rules set in New York’s Industrial Code. It applies to construction, demolition, and excavation projects, with protections to prevent:
- Slip-and-fall accidents due to floor hazards
- Falls from scaffolds, ladders, and other elevated platforms
- Injuries stemming from hazardous machines or tools
- Injuries due to a lack of protective equipment
Exploring Construction Liability and Injured Workers’ Rights
What happens if someone violates these New York Labor Laws? Can you take legal action for any injury you sustain on the job? It depends on the nature of the accident.
Suppose you’re made to work on a project with poor lighting, which leads you to trip and fall over equipment. This may be considered a violation of New York Labor Law 200, though liability is negligence-based. You’ll need to demonstrate that your employer was negligent in providing a safe work environment.
The Scaffold Law imposes strict liability on either contractors or property owners. Say a contractor provides construction crews with a defective scaffold that collapses. If a worker becomes injured in the collapse, the contractor may be liable for damages.
Workers could also hold either contractors or property owners liable if they can prove a specific Industrial Code violation under Labor Law 241(6). In such cases, a plaintiff’s own negligence may also come into question. If they are partially at fault, they could be subject to reduced damages, per New York’s comparative negligence rule.
Can You File a Workers’ Compensation or Personal Injury Claim?
Review New York labor laws with a construction accident attorney to determine your next step. You may not be able to file a personal injury claim against a third party, depending on the circumstances surrounding the accident. However, workers’ compensation benefits are generally available for anyone who becomes hurt on the job.
If your claim is approved, workers’ compensation insurance can cover the cost of your medical care and replace some of your lost wages.
Consult a Construction Accident Lawyer on Long Island
You don’t need to have a full understanding of New York’s Scaffold Law and similar legislation. If you’ve been hurt on the job, reach out to the Law Office of Frank J. Cassisi, P.C. for legal advice and assistance. Attorney Cassisi is a respected construction accident lawyer in Mineola, New York, with over 35 years of experience.
Whether you need help filing a workers’ compensation claim or a personal injury lawsuit, our legal team is available. Contact us online or call (516) 294-5050 to request a free consultation.
Frequently Asked Questions
Do you still have unanswered questions about construction worker rights? Learn more about statewide labor protections and taking legal action following a workplace injury.
How Can I Find a Reliable Construction Accident Lawyer in New York?
You can find a suitable construction accident lawyer in New York by focusing on their case history and experience, professional credentials, and testimonials from previous clients.
I Was Injured in a Construction Accident and Want To Sue the Property Owner for Liability. How Much Is My Case Worth?
Every case’s value is different. Your potential damages depend on the severity of your injury and its impact on your life. It’s also possible that you may not secure any financial compensation, as outcomes vary for every plaintiff.
Does New York Labor Law 200 Only Apply to Construction Workers?
No. The employee rights outlined in New York Labor Law 200 apply to all types of laborers.
