NYC Construction Accident Lawyer – Labor Law 240 & 241 Specialists
Construction is the most dangerous industry in New York City. In recent years, construction accidents have been responsible for more workplace deaths in NYC than any other industry. Falls from scaffolding, collapsing ladders, falling objects, and unsafe worksites take lives and end careers every week across all five boroughs.
If you were hurt on a construction site, New York law gives you some of the most powerful legal rights of any injured worker in the country. Laws passed specifically to protect construction workers hold property owners and general contractors absolutely responsible when workers are injured – often regardless of who was at fault. Most injured construction workers are entitled to far more money than workers’ comp pays. Most never find out because no one told them.
At Linden Law, Jason Linden has spent years fighting for construction workers across all five boroughs. He handles these cases personally, speaks plainly, and works on contingency. You pay nothing unless he wins. If you were hurt on a construction site in New York, call (212) 804-8440 today for a free consultation.
Labor Law 240 – The Scaffold Law (NYLL § 240)
The Most Important Worker-Protection Law in New York
New York Labor Law Section 240 – the Scaffold Law – is unlike anything else in American law. It is the only law of its kind in the country. It creates absolute liability for property owners and general contractors when a worker is injured in an elevation-related accident on a construction site.
Absolute liability means you do not have to prove the owner was careless. You do not have to prove the contractor knew about a problem and ignored it. You do not even have to prove you were doing everything right. If you fell from an elevated surface, or if an object fell and struck you, and it happened because adequate safety protection was not provided – the property owner and general contractor are liable. Period. Full stop.
What Absolute Liability Actually Means for You
Most personal injury cases come down to a fight about fault. Who was being careless? Were you partly to blame? Labor Law 240 eliminates that fight entirely. Even if a co-worker made a mistake, even if your employer says you caused the accident, the property owner and general contractor are still 100% responsible under Section 240. The law exists because the New York legislature recognized what construction workers have always known: when you’re working 30 feet up on a scaffold, or carrying materials up a ladder, you are completely dependent on the safety equipment that someone else chose to provide, install, and maintain. If they fail you, they own the consequences.
Who Is Protected by Labor Law 240
Labor Law 240 protects workers employed on construction, renovation, repair, or alteration projects. This includes employees of subcontractors – you do not need to be directly employed by the property owner or general contractor. If you were doing covered work on the site, the law applies to you.
Falls from Height AND Falling Objects – Both Are Covered
Section 240 covers two categories of elevation-related accidents:
Falls – If you fell from a scaffold, ladder, roof, floor opening, or any elevated surface because the safety device was inadequate, absent, defective, or not properly secured, Section 240 applies.
Falling objects – If an object fell from above and struck you – tools, materials, equipment, structural components – and that object was not properly secured or hoisted, Section 240 applies. You do not have to be the one who was elevated. Standing on the ground below an improperly secured load is exactly what the statute was designed to address.
Who Can Be Sued Under Labor Law 240
Under Labor Law 240, you can name both the property owner and the general contractor in your lawsuit. Both are absolutely liable. This matters enormously: there are typically two insurance policies – two deep pockets – to pursue. Your direct employer is generally shielded by the workers’ compensation system, but the owner and GC have no such protection under this law.
Labor Law 241 – Safety Violations on Construction Sites (NYLL § 241(6))
While Section 240 covers elevation accidents with absolute liability, Labor Law Section 241(6) takes a broader approach. It requires that every construction, demolition, and excavation site in New York be operated in accordance with specific safety standards set by the Industrial Code (12 NYCRR Part 23).
When those rules are violated and you are hurt as a result, the property owner and general contractor can be held liable – regardless of whether the injury was elevation-related.
Section 241(6) is not absolute liability the way Section 240 is. You need to show that a specific Industrial Code rule was violated and that the violation caused your injury. But those rules cover an enormous range of conditions: fall protection, scaffolding specifications, walkway conditions, lighting, trench safety, equipment guarding, housekeeping, and more.
Commonly violated Industrial Code provisions we see on NYC job sites:
– § 23-1.7(b) – Failure to guard floor openings
– § 23-1.7(d) – Slipping hazards (water, grease, ice) in work areas
– § 23-1.7(e) – Tripping hazards from debris in walkways
– § 23-1.21 – Ladder construction, angle, and securing requirements
– § 23-1.8 – Failure to provide required personal protective equipment
– § 23-2.1 – Failure to maintain work areas in safe, orderly condition
Comparative negligence can apply under § 241(6) (unlike § 240), so these cases require especially careful preparation on the liability evidence.
Labor Law 200 – General Duty of Safety (NYLL § 200)
Section 200 is New York’s codification of the general common-law duty to maintain a safe workplace. It applies to all construction site conditions and activities – not just elevation-related injuries.
Where Section 240 and 241 cover falls and code violations, Section 200 covers the broader category of negligence: a slip on debris that should have been cleaned up, an accident caused by dangerous equipment, a hazard the owner or GC knew about and failed to fix.
To win a Section 200 claim, you need to show either that the owner or GC had actual control over the condition or work that caused your injury, or that they knew or should have known about the dangerous condition and failed to address it. Section 200 is typically pleaded alongside Section 240 or 241 claims to cover every angle.
Who Can Be Sued
Under Labor Law 240 and 241:
- The general contractor – always
- The property owner – always (for both § 240 and § 241)
- Subcontractors – if they created or contributed to the dangerous condition, under direct negligence theories
Your own employer cannot be sued directly – the workers’ compensation system is the exclusive remedy against your direct employer for on-the-job injuries. But the property owner and general contractor are different defendants. The workers’ comp bar does not protect them.
Workers’ Comp AND Personal Injury – You Can Pursue Both
Filing a workers’ comp claim does not prevent you from bringing a personal injury lawsuit. This is one of the most important things we tell every injured construction worker.
Workers’ compensation pays quickly and without proving fault. It covers your medical treatment and approximately two-thirds of your lost wages up to a state cap. But it does not compensate you for pain and suffering, full future medical needs, or the full extent of your lost earning capacity.
The Labor Law lawsuit against the property owner and general contractor covers the full picture: past and future medical expenses, full lost wages and future earning capacity, and pain and suffering. In cases involving serious injuries, these damages are often seven figures.
Your employer cannot stop you from bringing this claim. The two tracks run simultaneously. And when the lawsuit resolves, Jason coordinates the workers’ compensation lien to maximize your net recovery.
Types of Construction Accident Cases We Handle
- Falls from scaffolds, ladders, and elevated surfaces → /construction-fall-nyc
- Falling objects striking workers → /falling-object-construction-nyc
- Labor Law 240 scaffold law claims → /labor-law-240-nyc
- Labor Law 241 safety violation claims → /labor-law-241-nyc
Real Case Results
These are actual cases handled by Linden Law. Prior results do not guarantee a similar outcome.
Statute of Limitations
For most Labor Law claims – including Section 240, 241, and 200 – the statute of limitations is three years from the date of the accident (CPLR § 214).
Exception: If your accident happened on property owned by a government entity – the City of New York, the MTA, a public authority, a city agency – you must file a Notice of Claim within 90 days of the accident before you can sue. Ninety days goes by fast when you’re recovering from a serious injury.
Frequently Asked Questions
What is the Scaffold Law in New York?
New York Labor Law § 240(1), known as the Scaffold Law, holds property owners and general contractors absolutely liable for elevation-related injuries on construction sites. Absolute liability means liability follows regardless of who was at fault – no fighting about contributory negligence. If you fell from a scaffold, ladder, roof, or floor opening, or were struck by a falling object, and the required safety protection was not provided, the owner and GC are liable. New York is the only state in the country with this absolute liability standard for construction workers.
Do I have to be a union worker to file a construction accident claim?
No. Labor Law 240 and 241 apply regardless of whether you are a union member, a non-union worker, or an employee of a subcontractor. The protections apply based on the work you were doing, not your union status.
Can I sue if I was partially at fault for my fall?
Under Labor Law § 240(1), your comparative fault is not a defense. Even if you made a mistake that contributed to the accident, the property owner and GC are still 100% responsible. Under Labor Law § 241(6), comparative negligence can reduce your recovery – but not eliminate it. Call us and tell us what happened – do not assume your own actions disqualify you.
What if I was working and my employer files workers’ comp – can I still sue?
Yes. Workers’ compensation covers your claim against your direct employer. Your Labor Law lawsuit is against the property owner and general contractor – different defendants. You can receive workers’ compensation benefits and pursue a Labor Law lawsuit simultaneously. These are two separate legal systems, and you are entitled to use both.
Who is liable for a construction accident under Labor Law 240?
Both the property owner and the general contractor are absolutely liable under § 240. You can name both in your lawsuit. Each carries insurance. Your direct employer is shielded from direct suit by workers’ comp, but the owner and GC are fully exposed under the Scaffold Law.
What is an “elevated worksite” for Labor Law 240 purposes?
The statute covers work at elevation and falling objects where the specific elevation creates the gravity-related risk. Courts have found § 240 liability for falls from relatively low elevations. The key is that the gravity-related hazard – height differential – created the risk of injury. There is no minimum height requirement, though the elevation must present a real risk and not be de minimis.
How long do I have to file a construction accident lawsuit?
Three years from the date of the accident for claims against private parties. If the construction site was on government-owned property, a Notice of Claim within 90 days applies. Because construction sites change rapidly – scaffolding removed, equipment replaced, conditions altered – acting quickly matters even more than the formal deadline.
What if a subcontractor was responsible for my accident?
The property owner and general contractor are liable under § 240 and § 241 even if the immediate cause was a subcontractor’s conduct. Their liability is non-delegable – they cannot escape it by pointing to the subcontractor. The subcontractor may also be independently liable under direct negligence theories.
What damages can I recover in a construction accident case?
All past and future medical expenses (including surgery, rehabilitation, and long-term care), full lost wages and future earning capacity, pain and suffering, and out-of-pocket costs. In cases involving catastrophic injuries – paralysis, traumatic brain injury, loss of limbs – these damages can be millions of dollars. Workers’ comp alone will not come close to capturing these losses.
What is the difference between Labor Law 240 and Labor Law 241?
Labor Law § 240(1) covers elevation-related accidents (falls from height, falling objects) and imposes absolute liability – no comparative negligence defense. Labor Law § 241(6) covers a broader range of construction accidents (including ground-level accidents) but requires proof of a specific Industrial Code violation and allows comparative negligence as a defense. Many accidents trigger both statutes, and we plead both when applicable.
Get a Free Consultation – No Fee Unless We Win
If you or a family member was hurt on a construction site in New York City, call Jason Linden now. The consultation is free. The case evaluation is honest. There is no fee of any kind unless we win.
Call: (212) 804-8440
No fee unless we win. You pay nothing unless we recover money for you. Jason Linden personally handles every case. Your consultation is completely free and confidential.
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