Construction Site Injuries in New York City: Labor Law 241 and Negligence Claims
CaseConnect Editorial ·
New York Labor Law 241(6) provides additional protection for construction workers injured by safety regulation violations. Here's how it works alongside the better-known Scaffold Law.
New York's Labor Law framework for construction worker injuries doesn't end with the famous §240. Section 241(6) provides a separate avenue for injured workers whose accidents were caused by violations of specific safety regulations—even when the case doesn't involve a gravity-related injury.
Labor Law 241(6) imposes a non-delegable duty on property owners and general contractors to ensure that construction, demolition, and excavation work is conducted in accordance with the Industrial Code (12 NYCRR Part 23), which covers a wide range of construction site safety requirements.
Unlike §240, Labor Law 241(6) is not a strict liability statute. Comparative negligence applies—meaning the plaintiff's own fault can reduce, though not eliminate, their recovery.
Common Industrial Code violations include: failure to maintain adequate lighting; inadequate housekeeping causing tripping hazards; defective walkways or floor openings; failure to provide proper safety equipment; and violations related to ladders, scaffolding, and power tools.
Successful prosecution of a §241(6) claim requires identifying the precise code section violated and connecting it to the mechanism of the injury, typically through expert testimony from a safety engineer familiar with New York construction regulations.
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