Construction workers have certain rights and protections under New York labor laws. If you were injured while performing your job duties, understanding these laws can help you determine your next steps.
Working with a New York construction accident lawyer can provide clarity about how specific New York labor laws apply to your accident case and what they mean for your compensation process.
New York Labor Laws and Construction Accidents
Several New York labor laws apply directly to construction workers and related entities. These are the laws that you should understand if you were recently injured on the job.
New York Labor Law 200
New York Labor Law 200 states that owners and contractors have a “general duty” to protect the safety and health of their employees. This law requires that all equipment and machinery provided on construction sites be safe to use and that the worksite itself be organized in a way that is reasonably safe for both workers and regular visitors.
When a construction worker is injured due to an unsafe condition on their job site, they should explore whether their employer was in violation of this labor law. A New York construction accident lawyer can help you understand this law in the context of your accident.
New York Labor Law 240
Labor Law 240, also known as the Scaffold Law, applies specifically to construction companies. This labor law states that any ladders, scaffolding, hoists, braces, ropes, pulleys, or other equipment that workers use to work from heights must be safe and provide adequate protection for employees. It also includes provisions for preventing falling objects from injuring workers below.
This law includes the absolute liability standard, which holds general contractors and property owners directly responsible for gravity-related incidents due to violations of the statute. These conditions aim to show construction employers the importance of prioritizing safety when working from heights and taking the necessary steps to avoid accidents.
A few common construction site safety violations under the Scaffold Law include:
- Not using the proper fall protection equipment, such as harnesses, guardrails, or lifelines
- Failing to use overhead protection, such as netting or canopies, when working on the floor above other workers
- Using damaged or unsecured ladders
- Using weak, unstable, or poorly constructed scaffolding
- Not laying adequate planks over gaps and holes
- Not training workers well enough to recognize hazards and use equipment correctly
The construction industry sees more than four times the number of fatal falls each year than any other industry. If every company fully adhered to the Scaffold Law, these fatalities would significantly decrease.
New York Labor Law 241
Labor Law 241 mandates that employers in the construction, excavation, and demolition industries provide adequate and reasonable protection and safety for employees. It holds contractors and site owners accountable for implementing reliable safety measures to prevent injuries.
This law is tied closely to Industrial Code Part 23, which outlines a wide range of specific safety measures that construction contractors should implement. A few examples include:
- Guardrails that meet minimum height requirements
- Protective covers for sharp equipment, such as saws
- Blast safety zones for explosives
If you were injured in a construction accident due to a safety violation, citing Labor Law 241 and Industrial Code Part 23 could help you show what safety issues led to the accident.
What To Do After an Injury on the Job
Despite New York’s labor laws that seek to keep construction workers safe and prevent accidents, injuries are common across NYC and the state as a whole. In 2023, 74 construction workers died in New York, including 30 in NYC. The 2024 New York City Construction Safety Report found that almost 500 construction-related injuries on building work sites occurred across the city.
If you were injured in a construction site accident, you may wonder whether you can hold your employer liable for safety violations. In New York, workers are generally barred from seeking compensation directly from their employers after injuries. Instead, you would usually need to seek reimbursement for medical expenses and a portion of your lost wages through a workers’ compensation claim.
Still, it helps to understand how your accident happened and whether violations of labor laws were at play. Reporting these violations to the Department of Labor works toward preventing them from happening again and injuring other workers.
If a third party was liable for your accident, such as a contractor or manufacturer outside your employer, you may be able to seek a personal injury claim against them. Your New York construction accident lawyer can help you understand your rights and options after a job site injury.
Consult a Construction Accident Lawyer in Long Island
Understanding New York Labor Law 200 and other relevant statutes helps you protect your safety when working on construction sites. If you were injured in an accident on the job, our construction accident lawyers in Mineola are here to protect your rights.
Contact the Law Office of Frank J Cassisi, P.C., today at 516-294-5050 for a free consultation with a New York construction accident lawyer.
Frequently Asked Questions
Can you seek damages if your employer violated labor law and you were injured?
You generally cannot seek personal injury damages from an employer in New York unless they intentionally caused your injury. Instead, you can pursue a workers’ compensation claim through your employer.
What are the most common construction accident injuries and fatalities?
OSHA cites the most common causes of fatal construction accidents as falls, caught-in/between accidents, struck-by accidents, and electrocutions. The agency considers these the “fatal four” causes of injuries and cautions construction workers to protect themselves. If you experienced any of these accidents at work, consult a construction accident lawyer in New York.
When can you file a third-party liability claim after a construction accident?
If someone other than your employer was liable for your accident, you may have the right to file a third-party liability claim. Speak with a New York construction accident lawyer about this process.
