New York Labor Laws 200, 240 and 241

NY Labor Laws Give Preferences to Construction Workers

Workers’ compensation gives injured construction workers the right to collect a portion of the wages and reimbursement for their medical costs for on-the-job injuries without proving employer negligence. However, in exchange, the injured worker generally can only recover workers’ comp benefits.

The special New York labor laws create an exception that enables them to file a construction accident lawsuit for specific incidents and injuries. The preferences created by these laws can lead to the recovery of tens or hundreds of thousands of dollars in damages that might not otherwise be available.

How Do the State’s Labor Laws Impact the New York Construction Industry? 

First and foremost, New York Labor Laws 200, 240, and 241 protect and provide benefits for construction workers by: 

• Establishing an injured construction worker’s clear right to recover compensation for medical costs, lost wages, and rehabilitation expenses associated with on-the-job injuries. 
• Extending those benefits to families of construction workers who suffer fatal accidents or illnesses as a result of working at construction sites. 
• Guaranteeing that employers provide safe and healthy workplace conditions, with safeguards to protect workers from equipment and machinery that can cause grievous harm. 
• Mandating at least 40 hours of safety training and guidance for all construction workers in hazardous workplace conditions. 
• Creating a clear right to sue an employer or contractor for injuries caused by their negligence. 

The state’s labor laws impose burdens on construction employers and contractors, who might try to avoid them by maintaining false or exaggerated records, threatening to withhold pay, or terminating workers who seek legal remedies.  

If you believe your employer is pressuring you to refrain from reporting labor law violations, consult a knowledgeable New York construction accident lawyer to explain your rights and your opportunity to sue for monetary damages. 

New York Labor Law 200 is the State’s General Safety Law 

Labor Law 200 imposes a statutory duty on construction site owners and general contractors to manage site operations and prioritize construction worker safety ahead of scheduling issues, financing, and other matters that might incentivize managers to cut corners and overlook safety risks.  

This law also incorporates building code sections and standards for sanitation and health, ingress and egress to the site and fire and radiation suppression. Furthermore, this law’s protections extend to construction workers and site visitors. 

New York Labor Law 240 is the State’s Scaffold Law 

New York Labor Law § 240, known as the Scaffold Law, is a powerful statute that imposes strict liability on property owners and general contractors for gravity-related injuries suffered by construction workers. Violations of this law often result from a failure to supply or maintain essential fall protection or lifting equipment.  

Common violations of Labor Law § 240: 

• Lack of Fall Protection Equipment. Failing to provide safety harnesses, lifelines, or guardrails for workers operating at heights directly violates § 240. Employers must ensure that workers are adequately protected against falls. 
• Improperly Constructed or Maintained Scaffolding. Scaffolds that are unstable, poorly assembled, or lack required safety features, such as guardrails or secure planking, can lead to serious injuries and violate the law. 
• Absence of Secure Ladders. Using unsecured or damaged ladders for the task creates a hazardous work environment and is a common basis for § 240 claims. 
• Falling Objects Without Overhead Protection. When tools, materials, or debris fall from above and strike a worker—particularly if no protective measures like netting or canopies were in place—it may give rise to liability under § 240. 
• Inadequate Hoisting or Lifting Devices. Using defective or improperly secured hoists, pulleys, or cranes that cause materials or workers to fall may also constitute a § 240 violation if the failure is tied to the absence of proper safety devices. 

New York Labor Law 241: The Construction, Demolition, and Excavation Law 

The law reflects that a common cause of a construction site injury is entrapment in an enclosed space or a collapsed excavation site. This law specifically sets standards for planking and support structures that can prevent these injuries and imposes negligence liability on construction site owners and contractors whose violation of the statute causes an accident. 

How Can an Injured New York Construction Worker File a Claim Under NYS Labor Laws 200, 240, and 241? 

Under the New York labor laws, injured construction workers can file lawsuits to recover substantially larger damages awards than what might otherwise be available through workers’ compensation.  

To lay the groundwork for a lawsuit, workers should: 

• Gather as much evidence about the accident as possible, including photographs of the accident site and statements from co-workers who saw it. 
• Write down everything they can remember about the safety training provided by their employer. 
• Report the accident to their supervisor. 
• Get prompt medical help for all injuries and follow recommendations from treating physicians. 
• Contact an experienced New York construction accident attorney for additional steps to secure their right to sue for negligence. 

In many cases, an injured worker’s employer and insurance carriers might discourage them from contacting a lawyer or pursuing compensation other than workers’ comp. For example, they might claim that lawsuits take a long time and rarely result in positive outcomes.  

However, workers’ compensation only reimburses a portion of an injured worker’s lost wages and compensates for some medical expenses.  

A New York labor law attorney can explain how New York’s special labor laws enable you to file a lawsuit for specific accidents and injuries. The preferences created by these laws can lead to the recovery of tens of thousands to millions of dollars in damages that might not otherwise be available.  

Consult with our team for the accurate information you need to decide whether to sue and for help navigating the complex legal processes that will give you the full compensation you deserve.   

Statute of Limitations Under New York Labor Law Claims  

The construction accident statute of limitations for New York Labor Law Claims is generally three years from the date of the incident. However, if the accident occurred on property owned by a government entity, the injured party must file a Notice of Claim within 90 days, and the lawsuit must be filed within one year and 90 days of the accident.  

If there is a fatality, the decedent’s family may pursue a wrongful death claim, which must be filed within two years from the date of death. Prompt legal action is essential to preserve your rights and comply with these strict deadlines. 

Types of Safety Equipment Required by New York Labor Laws  

New York Labor Laws—§§ 200, 240, and 241—mandate that property owners, general contractors, and certain employers maintain a safe construction work environment and provide adequate safety equipment. These requirements are further supported by regulations outlined in the New York State Industrial Code.  

Key categories of safety equipment include: 

• Personal Protective Equipment (PPE) – Employers must ensure workers are equipped with appropriate PPE such as hard hats, safety goggles or face shields, hearing protection, high-visibility vests, gloves, and steel-toed boots, depending on the nature of the work and site conditions. 
• Fall Protection Systems – For work at elevations, especially where there is a risk of falling from a height, required equipment includes safety harnesses, lanyards, lifelines, anchor points, guardrails, safety nets, and fall arrest systems, as specified under Labor Law § 240 and applicable OSHA standards. 
• Scaffolding and Access Equipment – Under Labor Law § 240 and the New York State Industrial Code, scaffolds, ladders, hoists, slings, pulleys, and similar equipment must be properly constructed, maintained, and secured to ensure worker safety during construction, repair, or demolition work. 

Under New York Labor Laws, failure to provide or maintain adequate safety equipment may result in liability if a worker is injured.  

Industry-Specific Safety Requirements  

Construction safety in New York is regulated by a combination of New York Labor Laws, the New York State Industrial Code, and federal OSHA regulations. As noted, these rules impose specific safety standards based on the type of work. 

Key requirements include: 

• Mandatory Construction Site Safety Training (SST): Under Local Law 196, all construction workers and supervisors on most major worksites in New York City must complete 40 hours of Site Safety Training (SST). Workers must obtain an SST card as proof of completion, and training may be completed online through the Department of Buildings (DOB)-approved providers. 
• Prohibition of Smoking on Construction Sites: Per OSHA regulations and New York City Building Code § 3303.7, smoking and open flames are strictly prohibited on active construction sites due to fire and explosion hazards. 
• Adequate Lighting Requirements: The New York State Industrial Code (Part 23-1.30) mandates that construction sites be properly illuminated during working hours to prevent accidents caused by low visibility. Minimum lighting levels vary depending on the nature and location of the work. 
• Daily Site Inspections: The New York City Building Code requires daily inspections of high-rise and low-rise construction and demolition sites by site safety managers or coordinators to ensure compliance with safety codes, including scaffolding integrity, fall protection, and housekeeping standards. 
• Site Safety Plans: For certain construction projects, especially those involving high-rise buildings or major demolitions, site safety plans must be submitted and approved by the Department of Buildings. These plans must detail the safety protocols, equipment use, and emergency procedures in accordance with both local and state law. 

Compensation Available Under New York Labor Laws 

In New York, injured construction workers generally cannot sue their employers but are entitled to workers’ compensation, which covers medical expenses and a portion of lost wages—typically two-thirds of their average weekly earnings. However, workers’ compensation does not include damages for pain and suffering.  

If a third party, such as a property owner, general contractor, subcontractor, or equipment manufacturer, is responsible for the accident, the worker may file a third-party claim to recover additional compensation, including pain and suffering, loss of enjoyment of life, full lost wages, and diminished earning capacity. 

Contact a New York Construction Accident Attorney for a Free Consultation 

If you or a loved one has been injured due to negligence or have lost a loved one in a construction accident, contact Rheingold Giuffra Ruffo Plotkin & Hellman for a free consultation today. 

Our construction accident lawyers routinely rely on NYS Labor Laws 200, 240, and 241 to file lawsuits that enable an injured construction worker to recover a significantly larger damages award than they might get from a workers’ compensation claim.  

We believe that by holding construction site owners and contractors responsible for violating these laws, construction site safety will improve for workers and visitors.