Although construction work is an important profession in the United States, the work can be dangerous. If you suffer an injury on a construction site, understanding your legal protections can make a significant difference in your recovery.
New York State provides robust worker protections through Labor Laws 200, as well as statutes 240 and 241(6). Unfortunately, many workers do not fully understand how these laws differ or which applies to their situation.
If you have been hurt on the job, consulting a construction accident lawyer in New York can help you navigate these complex regulations. Below, we go over the Labor Law 200 general safety requirements to help you understand your rights.
New York Labor Law 200: The Foundation of Workplace Safety
Labor Law 200 establishes the general duty of property owners and contractors to maintain safe working conditions at construction sites. This statute requires all workplaces to provide reasonable and adequate protection to workers’ lives, health, and safety. The law applies to anyone lawfully present at a construction site, including employees and visitors.
Under Labor Law 200, employers must ensure that all machinery, equipment, and devices are adequately placed, operated, guarded, and lighted. Proving a Labor Law 200 violation requires demonstrating that the property owner or general contractor had either an actual notice or constructive notice of the hazard. The law follows common-law negligence principles, meaning you must prove the defendant knew or should have known about the dangerous condition that caused your injury.
Employer Responsibilities for Safe Work Conditions Under Labor Law 200
According to the Bureau of Labor Statistics, there were 5,283 fatal work-related injuries in the United States in 2023, which is nearly a 4% decrease from the previous year. Despite this decline, construction remains one of the deadliest industries. The National Safety Council reports that the construction sector has the largest number of preventable injuries that lead to death, at 1,029 fatalities per 100,000 workers.
The statute places specific obligations on property owners and general contractors to create safe environments. They must maintain proper lighting throughout work areas to prevent accidents caused by poor visibility. Adequate guardrails must protect workers from falls, and dangerous equipment or areas must display clear warning notices.
Contractor Liability Under New York Construction Laws
Liability under Labor Law 200 depends on who controlled the work site or directed the work methods. Property owners may be liable for dangerous conditions they created or failed to remedy. General contractors may face liability as well when they’re supervising the work or controlling the tasks when an accident happens.
Two types of violations commonly occur under this statute:
- Dangerous or defective conditions involve hazards at the worksite itself, such as unmarked holes, uneven surfaces, or inadequate lighting.
- Dangerous means and methods involve unsafe ways of performing the work, such as using improper equipment or failing to provide necessary safety gear.
Understanding Worker Protection Under Labor Law 200
Labor Law 200 protects manual workers who spend at least 25% of their workday engaged in physical labor. This guideline includes construction workers, demolition crews, renovation teams, and many other laborers. The law recognizes that these workers face inherent risks.
The CDC reports that falls are the second-highest cause of job-related deaths at 13%, making it second only to vehicle accidents from job-related travels, which is first at 34%. Many construction site falls are preventable through proper safety measures.
Unlike workers’ compensation, which provides limited benefits regardless of fault, Labor Law 200 allows you to pursue full damages from negligent third parties. You can seek compensation for medical expenses, lost wages, pain and suffering, and other losses, though you must establish negligence.
The Differences Between New York Labor Laws 200, 240, and 241(6)
While all three statutes protect construction workers, they apply to different situations and impose different burdens of proof. Labor Law 240, often called the Scaffold Law, provides strict liability for gravity-related accidents. If you fall from a height or sustain injuries from a falling object during covered activities, the property owner or general contractor is liable regardless of who was at fault.
Labor Law 241 requires property owners and contractors to comply with specific safety regulations found in the New York Industrial Code. Unlike Labor Law 200, Labor Law 241 demands adherence to concrete, specific rules. You must identify which Industrial Code regulation the violation falls under and prove that this violation caused your injury.
Comparative negligence applies under Labor Law 200, meaning you may have reduced recovery if you were partially at fault for your injuries. This aspect differs from Labor Law 240, which imposes strict liability and prevents such reductions except in rare circumstances.
Are You Looking for a Construction Accident Lawyer in New York?
Understanding Labor Law 200 and how it differs from New York’s other construction safety statutes is crucial when you sustain injuries on the job. Our professionals at the Law Office of Frank J. Cassisis, P.C., have decades of combined experience handling construction accident cases throughout New York. We understand how to navigate cases under Labor Laws 200, 240, and 241.
We also handle cases involving legal rights after a trip and fall at a construction site. If you or a loved one needs representation from a construction accident attorney in New York, contact the Law Office of Frank J. Cassisi, P.C., at (516) 294-5050.
FAQs Answered by a Construction Accident Attorney in New York
Understanding your rights under New York’s construction safety laws can help you make informed decisions after a workplace injury.
What Types of Injuries Does Labor Law 200 Cover?
Labor Law 200 applies to any injury caused by unsafe conditions or methods at construction sites, including injuries from defective equipment, inadequate lighting, and tripping hazards.
Can I File a Claim Under Multiple Labor Laws?
You can file claims under multiple labor laws if your accident involves violations of different statutes.
Does Labor Law 200 Apply If I Was Partially Responsible for My Accident?
Labor Law 200 allows for comparative negligence, meaning you can still seek compensation even if you were partially at fault.
