Construction sites are dangerous places, but that doesn’t mean every accident is simply part of the job. If you were hurt because a worksite wasn’t reasonably safe or someone failed to take proper precautions, New York law gives you the right to hold the responsible parties accountable.
Labor Law 200 is one of the laws that can play an important role in these cases. It allows injured construction workers to pursue negligence claims when unsafe worksite conditions or another party’s negligence contributed to their injuries.
What Is New York Labor Law 200?
New York Labor Law 200 is one of the state’s primary workplace safety laws for construction workers. It requires construction site owners and contractors to provide workers with a reasonably safe place to work and allows injured workers to pursue negligence claims against responsible parties when dangerous conditions or work practices lead to an accident.
Some of the most common accidents that may involve this law include:
- Slip and fall accidents caused by debris, spills, or poor housekeeping
- Falls through unprotected openings or on unsafe walking surfaces
- Injuries caused by falling tools, materials, or other objects
- Trench and excavation accidents
- Electric shock and electrocution accidents caused by hazardous worksite conditions
- Injuries resulting from inadequate supervision or dangerous work practices
Labor Law 200 is based on traditional common-law negligence principles. In an NY construction accident, recovering under this law requires showing that another party’s negligent actions contributed to the incident.
How NY Labor Law 200 Construction Claims Are Evaluated
Not every Labor Law 200 claim is analyzed the same way. New York courts generally recognize two types of claims: those involving worksite conditions and those involving the way the work was planned, supervised, or performed.
Claims Based on Hazardous Worksite Conditions
Some Labor Law 200 claims involve dangerous conditions on a New York construction site, such as debris-covered walkways, unprotected openings, poor lighting, unstable walking surfaces, or other conditions that create an unreasonable risk of injury.
In Labor Law 200 cases, notice and control are two of the most important issues. “Notice” refers to whether the responsible party knew—or should have known—about the dangerous condition. “Control” refers to whether that party had the authority to correct the hazard or direct the work that led to the accident.
Claims Based on Negligent Supervision or Unsafe Work Practices
Other Labor Law 200 claims focus on the way the work was performed rather than the condition of the worksite itself. These are often referred to as means and methods liability claims because they involve the way construction work was planned, directed, or supervised.
To establish liability, an injured worker must show that the defendant had the authority to supervise or control the work that caused the injury. Simply overseeing a construction project or having general responsibility for the jobsite is not enough.
How Is Labor Law 200 Different From Other New York Labor Laws?
Many construction accidents involve more than one New York Labor Law. Which laws apply depends on how the accident happened and the type of hazard involved.
Labor Law 200 is based on traditional negligence principles. It applies when a worker’s injuries result from unsafe worksite conditions or the way construction work was planned, supervised, or performed. Labor Law 240(1), commonly known as the Scaffold Law, is much narrower in scope. It applies to certain gravity-related hazards, including falls from heights and injuries caused by falling objects. Unlike Labor Law 200, 240 claimants do not have to prove negligence.
Instead, when these parties fail to provide the proper safety devices required by the law and that failure causes a gravity-related injury, they can be held absolutely liable for the worker’s damages. An injured worker must only show that the law was violated and the violation caused the injury.
Labor Law 241(6) addresses a different type of workplace safety violation. Rather than focusing on negligence, these claims are based on violations of specific safety regulations contained in New York’s Industrial Code.
What Can a Labor Law 200 Claim Help You Recover?
A construction accident can leave an injured worker with far more than an emergency room visit or a few weeks away from work. Some injuries require multiple surgeries, months of rehabilitation, or permanent work restrictions that change a person’s ability to earn a living. Others leave workers living with chronic pain or lasting physical limitations long after the construction project has ended.
When another party’s negligence causes those injuries, a successful Labor Law 200 claim can help recover compensation for losses such as:
- Medical expenses, including emergency treatment, hospital stays, surgeries, rehabilitation, medications, and future medical care.
- Lost wages for the income missed while recovering from your injuries.
- Loss of future earning capacity if your injuries prevent you from returning to your previous job or limit your ability to work.
- Pain and suffering resulting from the physical pain, emotional distress, and reduced quality of life caused by your injuries.
- Other accident-related damages supported by the evidence.
Construction companies and their insurers may try to minimize the extent of a worker’s injuries or argue that the long-term effects are less serious than they really are. A well-supported claim helps ensure that every loss, not just the most obvious ones, is taken into account when pursuing compensation.
Helping Injured Construction Workers Pursue Labor Law 200 Claims
Proving that dangerous worksite conditions or negligent practices caused your injuries often requires a thorough investigation and strong evidence. At Oresky & Associates, PLLC, we have spent more than 30 years helping injured construction workers throughout New York hold negligent parties accountable and pursue the compensation they deserve.
One example involved a construction worker who was seriously injured after a forklift operator drove through an active work area while carrying large dumpsters that completely blocked the operator’s forward view. Although a flagger was available to assist, the operator proceeded without one and failed to provide any audible warning. The forklift struck the worker, ran over the worker’s foot, then reversed and ran over the same foot a second time.
The evidence showed that the forklift operator routinely transported debris with an obstructed view, placing nearby workers at risk. Based on those facts, the injured worker pursued claims under Labor Law 200 for unsafe work practices, along with claims under Labor Law 241(6) based on violations of New York’s construction safety regulations.
By thoroughly investigating the accident and developing strong liability and medical evidence, our construction accident lawyers secured a $6 million settlement for the injured construction worker. Results like this highlight the importance of working with a law firm that understands the laws and standards surrounding construction work and can pursue every available claim under New York law.
Frequently Asked Questions
Can a General Contractor Be Liable Under Labor Law 200?
Yes. This party can be held liable if the general contractor’s negligence on an NY construction site contributes to a worker’s injuries. However, a general contractor is not automatically responsible simply because it oversees a construction project. Liability depends on the contractor’s role in the accident and whether it had responsibility for the condition or work that led to the worker’s injuries.
Can I Receive Workers’ Compensation and File a Labor Law 200 Claim?
Yes. Injured construction workers can receive workers’ compensation benefits while also pursuing a Labor Law 200 claim against a negligent third party.
Workers’ compensation helps cover medical treatment and a portion of lost wages regardless of who caused the accident. A Labor Law claim is different because it seeks compensation from a negligent party other than your employer.
A successful Labor Law 200 claim may allow you to recover damages that are not available through workers’ compensation alone, including compensation for pain and suffering, the full extent of lost earnings, reduced earning capacity, and other losses related to your injuries.
How Long Do I Have to File a Labor Law 200 Claim in New York?
In most cases, the deadline to file a Labor Law 200 lawsuit in New York is three years from the date of the construction accident.
However, some claims involve much shorter deadlines. If a city, public authority, school district, or another government entity owns or controls the property, special notice requirements and filing deadlines may apply. Missing those deadlines can affect your ability to pursue compensation.
Waiting can also make it more difficult to investigate the accident. Construction sites change quickly, evidence can disappear, and witnesses may become harder to locate as time passes. Taking action sooner helps preserve important evidence and allows your legal team to begin investigating while the facts are still fresh.
You Deserve Answers After a Construction Accident
After a serious construction accident, it is not always clear what legal options are available or who can be held responsible. At Oresky & Associates, PLLC, we believe injured construction workers deserve straightforward answers and an advocate who will fight for their best interests every step of the way.
Oresky & Associates, PLLC proudly represents injured construction workers throughout New York City, including the Bronx, Manhattan, Brooklyn, Queens, Staten Island, and Long Island. Wherever your accident happened, we’re ready to help you fight for the compensation you deserve. Call us today at (929) 209-4492 for a free consultation.