If you’ve suffered an injury on a construction site in New York, you may wonder what legal protections exist to help you pursue compensation for your medical bills, lost wages, and pain. Understanding your rights under New York Labor Law 241(6) can make a significant difference in your ability to seek fair compensation after a workplace accident.
A New York construction accident lawyer can help you navigate this complex area of law. If you require legal representation, a construction accident lawyer in New York from Dervishi Law Group, P.C. can evaluate your case and explain your options.
What Is Labor Law 241(6)?
Labor Law 241(6) requires property owners and general contractors to provide “reasonable and adequate protection and safety” for workers performing construction, excavation, or demolition work. This statute mandates compliance with specific regulations outlined in the New York State Industrial Code Part 23.
These regulations cover detailed safety measures, including minimum heights for guardrails, protective equipment for machinery, blast safety zones for explosives, and proper hoisting systems. The law creates what courts call a “non-delegable duty,” meaning property owners and contractors cannot escape responsibility by claiming they hired someone else to handle safety.
Even if a subcontractor’s negligence caused your injury, the general contractor and property owner can still be held liable. A New York construction accident lawyer can explain how this non-delegable duty applies to your specific situation and identify all potentially liable parties.
Understanding Labor Law 241(6) in New York
To establish a valid Labor Law 241(6) claim, you must prove four essential elements. First, you must show that your work qualified as a “covered activity” under the statute. Second, you need to demonstrate that the property owner or contractor violated a specific provision of the New York State Industrial Code Part 23.
Third, you must prove that this violation created an unsafe workplace. Finally, you must establish that the code violation directly caused your injuries.
What Qualifies as a Covered Activity?
The concept of “covered activities” extends to construction, erection, alteration, repair, maintenance, painting, and pointing of buildings or structures. However, routine maintenance typically does not qualify.
For example, replacing an entire light fixture would likely qualify as an alteration, but simply changing a burned-out light bulb would probably constitute routine maintenance. Labor law 241 cases often hinge on whether the work involved more than simple upkeep.
Common Industrial Code Violations in Construction Accidents
The New York State Industrial Code Part 23 contains hundreds of specific safety regulations that property owners and contractors must follow. Common violations that lead to construction injury claims include electrical wiring that creates tripping hazards, power tools lacking proper safety guards, failure to provide protective equipment, and inadequate fall protection systems.
According to LegalMatch, the incident rate for non-fatal injuries from work-related tools and equipment is 25.5 per 10,000 workers. The CDC reports that 48% of fatal and 20% of non-fatal struck-by injuries on construction sites occur due to vehicle incursions.
Construction Worker Safety Regulations You Should Know
Construction worker safety regulations under the Industrial Code address various aspects of job-site protection. Regulations specify requirements for scaffolding construction and inspection, proper guardrail installation, safe practices for hoisting and rigging operations, protective equipment for electrical work, and trench safety.
According to the U.S. Bureau of Labor Statistics, the total fatal injury cases in New York City in 2023 were 69, with 24 fatalities occurring in the construction sector. When safety violations lead to workplace injuries, a New York construction accident lawyer can help hold negligent parties accountable.
Legal Rights for Injured Construction Workers
Legal rights for injured construction workers in New York extend beyond workers’ compensation benefits. While workers’ compensation provides coverage for medical expenses and partial wage replacement, Labor Law 241(6) allows you to file a personal injury lawsuit against property owners, general contractors, and other responsible parties.
This legal action can help you recover damages for pain and suffering, full wage loss, future medical expenses, and reduced earning capacity.
Proving Proximate Cause in Your Claim
Understanding Labor Law 241(6) claims requires knowledge of proximate cause. You must show that the Industrial Code violation directly led to your injury, not just that a violation existed at the time of your accident.
Suppose a contractor provided you with a circular saw missing its safety guard, and you suffered severe wrist injuries. The missing guard represents both an Industrial Code violation and the proximate cause of your injury.
Defending Against Common Arguments
Property owners and contractors may raise several defenses against Labor Law 241(6) claims. They might argue that equipment or materials were essential for work, so removing them wasn’t possible. However, courts have held that even integral items must comply with safety regulations.
Defendants may also assert comparative negligence, claiming you partially caused your own injury. Unlike Labor Law 240(1) cases, Labor Law 241(6) allows defendants to reduce their recovery based on their percentage of fault. A New York construction accident lawyer can counter these defense arguments and protect your right to fair compensation.
Workplace Safety Compliance for Construction Workers
Workplace safety compliance for construction workers requires cooperation between employers and employees. You are within your rights to refuse work that violates clear safety regulations, and anti-retaliation laws exist to protect workers who make good-faith safety complaints. You can report safety violations to the New York State Department of Labor or OSHA.
Steps To Take After a Construction Accident
If you suffer a construction-related injury, seek medical attention immediately. Report the accident to your supervisor or employer as soon as possible. Document everything about the accident scene, including photographs of hazardous conditions and your injuries.
How a Construction Accident Lawyer in New York Can Help
A construction accident lawyer in New York understands the complexities of Labor Law 241(6) and can identify which Industrial Code provisions apply to your case. They can investigate the accident scene and work with safety professionals to establish code violations.
A NYC construction accident attorney also understands that in New York, you generally have three years from the date of your accident to file a personal injury lawsuit. Still, claims against government entities may require filing a notice of claim within just 90 days.
Dervishi Law Group, P.C. Stands Ready To Help Injured Construction Workers
Understanding Labor Law 241(6) empowers you to recognize when property owners and contractors have violated your rights. At Dervishi Law Group, P.C., we work with injured construction workers to pursue compensation through Labor Law 241(6) claims.
Our team handles construction accident cases throughout New York. For a better understanding of common construction accident injuries, we encourage you to review additional resources on our website.
To speak with a New York construction lawyer from Dervishi Law Group, P.C., about your case, call (718) 484-4757.
Frequently Asked Questions About Labor Law 241(6)
Here are answers to common questions about Labor Law 241(6) and how it protects injured construction workers.
What Types of Work Does Labor Law 241(6) Cover?
Labor Law 241(6) covers construction, excavation, demolition, alteration, repair, maintenance, painting, and pointing work on buildings and structures.
How Does Labor Law 241(6) Differ From Workers’ Compensation?
Workers’ compensation provides limited benefits for medical expenses and partial wage replacement. Labor Law 241(6) allows you to file a personal injury lawsuit for full damages when property owners or contractors violate specific safety regulations.
Can a New York Construction Accident Lawyer Help Me if I Was Partially At Fault?
Yes, but the courts may reduce your compensation based on your percentage of fault. A New York construction accident lawyer can help minimize any fault attributed to you in an attempt to maximize your recovery.
