In the first part of this series, we covered how an electrician injured on a New York construction site can obtain Workers’ Compensation benefits. This post covers the second and often more valuable claim: a Labor Law construction accident New York lawsuit against the general contractor and building owner for pain and suffering.
Workers’ Compensation does not cover pain and suffering. The Labor Law does. These are two separate claims that can — and should — be pursued simultaneously.
Who Can Be Sued in a Labor Law Construction Accident New York Case
Workers’ Compensation law bars an injured worker from suing their own employer for pain and suffering. However, it does not bar a lawsuit against the general contractor or building owner. These parties are considered “third parties” — separate from your employer — and New York’s Labor Law imposes direct duties on them to maintain a safe worksite.
This is the foundation of a Labor Law construction accident New York claim. The general contractor and owner cannot escape liability by arguing that it was your employer’s responsibility to keep you safe. The law places that duty squarely on them.
Labor Law § 240 — The Scaffold Law
Labor Law § 240, known as the Scaffold Law, is the most powerful protection available to construction workers in New York. It imposes absolute liability on general contractors and building owners when a worker is injured due to a gravity-related accident — falling from a height, or being struck by a falling object.
Under § 240, if the general contractor or owner fails to provide proper scaffolding, ladders, hoists, or other safety devices, and a worker is injured as a result, liability is absolute. The injured worker does not have to prove negligence. The owner and contractor have no defense based on the worker’s own conduct. Labor Law § 240(1).
This is the statute that makes New York uniquely protective of construction workers. No other state has an equivalent law.
Labor Law § 241(6) — Safety Regulation Violations
Labor Law § 241(6) covers injuries caused by violations of specific safety regulations promulgated by the New York State Department of Labor. Labor Law § 241(6) places a non-delegable duty on the general contractor and building owner to comply with these regulations — meaning they cannot shift that responsibility to your employer or a subcontractor.
To bring a claim under § 241(6), the injured worker must identify a specific Industrial Code regulation that was violated. General safety rules are not sufficient — the regulation must set out a specific standard of conduct. Over decades of appellate decisions, New York courts have identified which regulations qualify.
In electrical injury cases, relevant regulations are found in 12 NYCRR 23-1.13, which requires general contractors, owners, and employers to label and de-energize electrical circuits under certain conditions. When a worker is electrocuted because circuits were not properly de-energized, this regulation provides the basis for a § 241(6) claim.
Labor Law § 200 — General Negligence
Labor Law § 200 is the codification of the common law duty to provide workers with a reasonably safe place to work. Unlike §§ 240 and 241, liability under § 200 requires proof that the general contractor or owner had notice of the dangerous condition and the authority to correct it.
§ 200 is most useful when the dangerous condition was created by the general contractor directly, or when the general contractor supervised and controlled the work being performed. It is often pleaded alongside §§ 240 and 241 to cover all theories of liability.
What Damages Are Recoverable
A successful Labor Law construction accident New York lawsuit can recover damages that Workers’ Compensation does not provide, including pain and suffering, loss of enjoyment of life, and future lost earnings beyond what the Compensation Board awards. In serious injury cases — spinal injuries, traumatic brain injuries, amputations, severe burns — these damages can be substantial.
The Workers’ Compensation carrier also has a lien on any Labor Law recovery for benefits it has paid. However, under Workers’ Compensation Law § 29, the carrier’s lien is reduced by a proportionate share of the litigation costs, which your attorney will negotiate.
Does This Apply to One or Two Family Homes?
No. The Labor Law exempts owners of one and two family dwellings who do not direct or control the work. If your accident occurred on a small residential repair job, the Labor Law protections described in this post do not apply. This post applies to commercial construction sites, multi-family residential construction, and renovations of buildings larger than a two-family home.
Next Steps
If you were injured in a construction accident, pursue both claims simultaneously. File your Workers’ Compensation claim immediately to obtain medical and lost wage benefits. At the same time, consult with an attorney about a Labor Law construction accident New York lawsuit against the general contractor and building owner. The 90-day Notice of Claim requirement does not apply to private construction — but the three-year statute of limitations for personal injury applies, and evidence disappears quickly.
By James Santner, Esq.
If you have been injured in a construction accident in New York, contact our office. Consultations are free and there is no fee unless we win.