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Dupée & Monroe, P.C., Attorneys at Law Motto
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Construction Accidents and New York Labor Law

Construction builder worker accident at construction site. Industrial accident concept. Health safe of work and safety first conceptWhen it comes to the construction industry, New York has some of the strongest worker protection laws in the country. These laws recognize the inherently dangerous nature of construction work and place clear responsibilities on contractors, owners, and others who control the worksite. When accidents happen, the legal framework provided by Labor Law sections 240(1), 241(6), and 200 often determines who can be held liable and under what circumstances.

This article explains how each of these statutes works, how they apply to real-world construction accidents, and why they are so important to injured workers seeking compensation after a serious injury on the job. For specific advice and representation tailored to your specific situation in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with an experienced Goshen construction accident lawyer.

The Purpose of New York’s Labor Laws

Construction sites involve numerous contractors, heavy equipment, and fast-moving operations. The Legislature enacted Labor Law §§ 200, 240(1), and 241(6) to place responsibility on those best positioned to control safety: property owners and general contractors. These laws do not replace workers’ compensation but instead provide an additional route to compensation when a worker is injured because a responsible party failed to follow required safety standards.

While workers’ compensation pays medical bills and partial lost wages, it does not cover pain and suffering, full lost income, diminished quality of life, or many other damages. A Labor Law claim can fill those financial gaps by holding negligent parties accountable.

Labor Law § 240(1): New York’s “Scaffold Law”

Labor Law § 240(1) is one of the most protective workplace safety statutes in the nation. It applies to gravity-related risks, i.e., situations where a worker falls from a height or is struck by a falling object. The law requires owners and contractors to provide proper safety devices such as scaffolds, hoists, ladders, and harness systems. When these protections are inadequate or missing, and a worker is injured due to elevation, the statute imposes strict liability on the building owner or contractor, meaning the injured worker does not have to prove negligence.

In practice, this statute often applies when a worker falls from a ladder or scaffold because it was defective, unsecured, or improperly placed. It also applies when materials or tools fall from above and strike a worker because they were not properly secured. The central question is whether the accident arose from the effect of gravity and whether the required safety device failed or was absent. If so, the owner or general contractor is almost always liable.

Examples of Accidents Under § 240(1)

  • Falls from ladders or scaffolding
  • Collapsing scaffolds or platforms
  • Falling tools, debris, or building materials
  • Workers dropped while being hoisted
  • Structural collapses during demolition

Labor Law § 241(6): Violations of Industrial Code Regulations

Unlike § 240(1), which focuses on elevation-related hazards, Labor Law § 241(6) applies to a much broader range of construction-related injuries. This statute requires owners and contractors to comply with specific provisions of the New York Industrial Code. These regulations cover dozens of areas, including excavation, demolition, flooring, electrical work, protective equipment, and hazard control.

To bring a successful § 241(6) claim, an injured worker must show that a specific, applicable Industrial Code regulation was violated and that the violation contributed to the accident. This makes § 241(6) a powerful tool in construction accident litigation because many jobsite conditions are directly governed by these detailed safety rules. When a regulation is violated, whether related to unguarded openings, unsafe flooring, inadequate lighting, or defective equipment, the owner or contractor can be held liable for the resulting injuries.

Examples of Accidents Under § 241(6)

  • Trips or falls caused by debris or uneven flooring
  • Injuries related to unsafe machinery or tools
  • Electrocution from unprotected power sources
  • Cave-ins at excavation sites
  • Slips and falls caused by inadequate lighting

Labor Law § 200: The Codification of Common‑Law Negligence

Labor Law § 200 is the most general of the three statutes and essentially requires owners and contractors to provide a reasonably safe work environment. It is often described as a codification of traditional negligence principles. Unlike § 240(1), it does not impose strict liability. Instead, an injured worker must show that the defendant either created a dangerous condition or had actual or constructive notice of it and failed to remedy the hazard.

Section 200 claims generally fall into two categories: unsafe premises conditions and unsafe methods of work. In the first category, a worker might be injured because of a hazardous condition on the property, such as a dangerous walkway, poor lighting, or defective flooring. In the second, the claim focuses on how the work was performed, typically when a contractor controls the work and fails to implement necessary safety procedures.

Although § 200 claims operate more like traditional negligence claims, they remain an important avenue for compensation when § 240(1) or § 241(6) does not apply.

Examples of Accidents Under § 200

  • Injuries caused by unsafe work procedures directed by a contractor
  • Slips or trips due to dangerous conditions on the property
  • Accidents caused by a lack of supervision or improper coordination of trades

How These Labor Laws Work Together

In many construction accident cases, more than one Labor Law statute may apply. For example, a worker who falls through an unsecured opening might have a § 240(1) claim based on the elevation-related nature of the accident, a § 241(6) claim if an Industrial Code provision was violated, and a § 200 claim if the owner or contractor knew about the unsafe condition. An experienced construction accident attorney evaluates every potential statute because each one provides different legal advantages.

These overlapping protections are intentional: the laws were designed to ensure that workers receive broad safety protections and meaningful recourse when jobsite hazards lead to serious injuries.

Why Labor Law Claims Are So Important for Injured Construction Workers

The consequences of a construction accident can be life-changing. Workers often face long recovery periods, permanent disabilities, loss of income, and challenges returning to their trade. While workers’ compensation provides limited support, it does not fully compensate for the personal and financial impact of a serious accident.

Labor Law claims offer the opportunity to recover damages such as pain and suffering, full lost earnings, loss of future income, disfigurement, diminished earning capacity, and out-of-pocket expenses; these are all damages that workers’ compensation does not cover. These laws also help hold negligent parties accountable, promoting safer jobsite practices across the state.

Contact Dupée & Monroe, P.C. for Skilled Representation in Goshen Construction Accident Claims

Construction accident claims involving Labor Law §§ 240(1), 241(6), and 200 are complex and often heavily litigated. Owners and contractors frequently deny responsibility, and insurance companies work hard to minimize payouts. Having experienced trial attorneys on your side can make a significant difference.

At Dupée & Monroe, P.C., our team understands the intricacies of New York’s Labor Laws and has extensive experience representing injured construction workers throughout Orange County and the Hudson Valley. If you or a loved one has been injured on a jobsite, we can investigate the accident, identify all responsible parties, and pursue the full compensation you deserve.

Contact us today for a free consultation to learn how we can help you protect your rights and rebuild your life after a construction accident in New York.

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