Understanding New York labor laws is key to protecting your rights as a construction worker in the state. New York law grants certain rights and protections to construction workers, particularly regarding workplace hazards and accidents.
Below, learn the differences between three widely cited labor laws: 200, 240, and 241. If you believe your employer has violated one of these laws, consult a New York construction accident lawyer today.
Key Labor Laws To Understand as a New York Construction Worker
New York labor laws seek to protect the safety and health of workers across the state. The construction industry is particularly dangerous, accounting for approximately 1 in 5 fatal workplace injuries in the U.S., according to the Bureau of Labor Statistics.
Specifically, construction far outpaced other industries in the frequency of fatal falls, slips, and trips in 2024, with approximately 48.8% of these injuries across the private industry happening in construction. That year, 389 fatal falls, slips, and trips happened in the construction industry, compared to just 104 in the next-highest-ranking industry (trade, transportation, and utilities).
As a construction worker, there are three main labor laws you should know so that you can verify whether your employer is adhering to them and protecting your rights. These include Labor Law 200, 240, and 241.
New York Labor Law § 200: Protects the Right to a Safe Working Environment on Construction Sites
Labor Law Section 200 describes the “general duty to protect the health and safety of employees.” It requires employers, property owners, and general contractors to provide lawful visitors and workers with a reasonably safe environment.
It also clarifies that it is the general duty of owners and contractors to ensure that equipment, machinery, and devices are properly guarded and operated safely. Finally, it mandates that job sites have adequate lighting and guardrails.
While this labor law applies generally across all industries, it is commonly cited in construction litigation. Additionally, while Labor Law 240 imposes strict liability, Section 200 requires proof of negligence in order to hold owners or contractors liable for injuries. This may include proof that an owner or contractor exercised supervisory control over the injury-producing work or, in the case of a premises defect, that there was actual or constructive notice.
New York Labor Law § 240: The “Scaffold Law”
As a construction worker, understanding Labor Law 240 is essential, especially if you often work from heights. This law is nicknamed the “Scaffold Law” because it requires construction owners and contractors to implement certain protective measures around scaffolding, ladders, and other equipment used to work at heights.
Labor Law 240 protects workers against gravity-related incidents, including falls and being hit by falling objects. It applies to specific work within the construction industry: building erection, demolition, repair, alteration, painting, cleaning, and pointing.
The Scaffold Law imposes strict liability on owners or contractors for gravity-related injuries if the proper safety gear is missing, supporting proximate cause of the injury. This means that workers can still establish liability even if they were partially at fault for their own injuries in many cases. There is also no comparative fault under this statute, meaning the worker would not share a percentage of the blame.
If you regularly encounter scaffolding and elevation-related hazards on your worksite, it may be worth speaking to a New York construction accident lawyer to better understand your rights under the Scaffold Law.
New York Labor Law § 241: Requires Adequate Safety Provisions for Construction Workers
Labor Law 241 applies specifically to construction, excavation, and demolition work. It mandates that all contractors and owners, except the owners of one- and two-family dwellings who contract this work but do not direct or control it, comply with certain safety requirements. These requirements pertain to:
- How subflooring or temporary planking must be laid to prevent major falls
- Safety barriers surrounding elevator shafts, stairwells, and hatch openings
- Asbestos surveys for the demolition of structures built before 1974 (though there are certain exemptions)
This law requires specific safety measures according to New York’s Industrial Code. Liability for accidents under Labor Law 241 depends on proving the specific code violation that led to the accident.
What To Do When Your Rights Are Violated Under These Labor Laws
If your construction site does not comply with any of the terms under these labor laws, you can report the violation to the New York State Department of Labor. Filing a complaint may prompt the department to investigate the concern and issue fines or other penalties.
When construction site safety requirements are not met and accidents occur, this may provide grounds for workers’ compensation claims and potential third-party liability cases. You can consult a construction accident lawyer in New York to better understand your rights and options moving forward.
Consult a New York Construction Accident Attorney Today
Dervishi Law Group represents injured construction workers through the compensation process. We thoroughly understand New York labor laws for construction workers and can clearly pinpoint when violations contribute to accidents.
Whether you need help exploring contractor and property owner liability or simply preparing a workers’ compensation claim, call our New York construction accident lawyers today at 718-484-4757 for a free case evaluation.
Frequently Asked Questions
Can you hold your employer liable for accidents that arise from labor law violations?
You generally cannot hold your employer directly liable for workplace accidents, as you would instead pursue compensation under the no-fault workers’ comp system. However, you may be able to hold a contractor or property owner liable, depending on the circumstances. A construction accident lawyer in NYC can explain more about your rights to legal action.
Who owes you compensation when you are injured due to a labor law violation?
You may be able to pursue adequate compensation after a labor law violation through a workers’ compensation claim. Otherwise, you may have grounds for a third-party lawsuit.
What is the statute of limitations for construction accident lawsuits?
The statute of limitations for construction accident lawsuits in New York is generally three years from the accident date. Consult a New York construction accident lawyer promptly to avoid missing this deadline.
