Having a basic understanding of New York construction accident law can help you protect yourself when seeking compensation for your injuries. Below, our New York construction accident lawyers break down these laws and what they mean for you.
New York Labor Law § 200
“All places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons. The board may make rules to carry into effect the provisions of this section.”
LAB § 200 requires those responsible for construction sites to keep them safe for workers and visitors alike. Per LAB 200, the Commissioner can prohibit the use of dangerous or defective machinery if an inspection deems a tool is in a dangerous condition.
What Does This Law Mean for My Construction Accident Case?
If you work at, visit, or have a loved one employed in a workplace covered by this law, it means you are entitled to expect that the environment and equipment are kept reasonably safe. Employers and operators have a legal duty to protect you by following established safety rules and maintaining proper safeguards. If you were hurt because a broken machine wasn’t guarded, a work area wasn’t safely arranged, or another safety rule was ignored, this law may give you grounds to seek compensation for your injuries and hold those responsible accountable for failing to maintain a safe workplace.
New York Labor Law § 240(1)
“All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”
Known as the Scaffold Law, New York Labor Law § 240(1) gives you strong legal protection. It requires property owners and contractors to provide safe equipment like scaffolds, ladders, hoists, and other devices that are properly built and used to protect workers working at elevated heights.
What Does This Law Mean for My New York Construction Accident Case?
If they fail to do so and you’re hurt in a gravity-related accident (e.g., you fell from scaffolding or were hit by a falling object) as a result, you could have the right to hold them strictly liable for your injuries. That means you don’t have to prove they were careless, only that they didn’t provide the necessary safety equipment or that it was unsafe.
If an employer violates the Scaffold Law and a worker suffers injury, the worker can hold them liable. This is important because employees typically cannot hold their employers accountable for injuries due to workers’ compensation laws. This law also makes proving liability more straightforward.
New York Labor Law § 241(6)
“All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places. The Commissioner may make rules to carry into effect the provisions of this subdivision, and the owners and contractors and their agents for such work, except owners of one and two-family dwellings who contract for but do not direct or control the work, shall comply therewith.”
LAB § 241 requires that all construction, excavation, and demolition sites be built, maintained, and operated in a way that provides reasonable and adequate safety for both workers and anyone lawfully present. It places responsibility on owners, contractors, and their agents to make sure safety rules are followed and that worksites are properly equipped, guarded, and arranged to prevent injury. The New York Labor Commissioner is authorized to make detailed safety regulations that these parties must obey, except for small homeowners who hire but don’t control the work.
What Does This Law Mean for My Construction Accident Case?
If you were injured—or if you lost a loved one—in a construction accident, this law may give you the right to hold the property owner or contractor responsible if safety rules weren’t followed. You don’t have to prove that they were personally careless; you only need to show that a specific safety regulation was violated and that it led to the injury or death. This law is designed to protect you from unsafe jobsite conditions and gives you a strong legal foundation to seek compensation for your medical bills, lost income, pain and suffering, or other losses caused by the accident.
OSHA Laws That Apply to Construction Sites
The Occupational Safety and Health Administration (OSHA) also has rules and regulations that contractors must follow. All these laws center around having safe working conditions.
Some of these regulations include:
- Having personal protective equipment (PPE) that fits properly, is in a reliable condition, is adequate, and is of a safe design
- Having fall protection equipment for workers working at heights of six feet or higher above the ground (e.g., guardrails, safety nets, personal fall arrest systems)
- Working in controlled access zones
- Not storing materials or equipment within four feet of a working edge (to prevent falling object accidents)
These regulations and others are laid out in Title 29 of the Code of Federal Regulations. For example:
- 29 CFR 1926.502(d)(16)(ii): A personal fall arrest system must “limit the maximum arresting force on a worker to 1,800 pounds when used with a body harness.”
- 29 CFR 1926.501(b)(11): Workers performing work on roofs must have guardrail systems with toeboards, safety net systems, or personal fall arrest systems.
- 29 CFR 1926.95: This rule establishes the criteria for PPE.
How We Use Violations of the Law In Your Case
Our team will carefully investigate your construction accident to identify any violations of New York Labor Law §§ 200, 240, or 241, as well as relevant OSHA safety regulations. These laws were created to protect workers from unsafe conditions, and when they’re violated, they provide a strong legal foundation to hold owners, contractors, and other responsible parties accountable. We begin by analyzing how the accident occurred—examining the site, equipment, and safety procedures—to determine whether proper safeguards were in place and whether specific safety codes or industry standards were ignored.
If Labor Law § 200 was violated, we use it to show that the site was not maintained in a reasonably safe condition. If § 240 (the “Scaffold Law”) applies, we establish liability for falls or falling-object injuries that resulted from inadequate safety devices. For § 241(6), we identify specific Industrial Code violations that contributed to the incident. We also review OSHA reports and safety records to demonstrate patterns of negligence or noncompliance.
Together, these laws allow us to build a comprehensive, evidence-based case that proves the responsible parties failed in their duty to protect you. Our goal is to secure full compensation for your medical costs, lost income, and the pain you’ve endured.
New York’s Statute of Limitations
While not specific to only construction accidents, New York’s personal injury statute of limitations typically gives injured parties three years to file a lawsuit. If you fail to file before time expires, you risk recovering nothing. You can negotiate with the insurance company, but they won’t feel much pressure to give you the compensation you deserve. We recommend that you get in touch with us as soon as you are injured. This allows us to:
- Gather evidence before it disappears
- Protect your rights
- Protect you from insurance adjusters
- Remove the burden of managing your injury case on your own
Leave New York Construction Accident Law to Us. You Focus on Your Recovery.
Construction accident laws like Labor Law §§ 200, 240, 241, and OSHA regulations are complex, but you don’t have to navigate them alone. The lawyers at Aviles Law Firm PLLC have over 100 years of combined experience, a 99.99% success rate, and have recovered over $1 billion for clients, including multiple multi-million-dollar settlements and verdicts, such as a $44,706,444 verdict for a union construction worker paralyzed after a fall. Call Aviles Law Firm PLLC today for the representation your case deserves.
The initial consultation is free; you don’t pay us anything to get started, and you only pay us if we win.
