New York Labor Laws 220, 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 

This one-of-a-kind statute addresses the safety of scaffolding and construction operations on and around scaffolds by establishing strict standards for the types of scaffolding that must be used at defined elevations.  

It also enables an injured worker or their family to take action if the worker falls from a scaffold or is struck by an object dropped from an elevation.  

It further requires contractors to train construction workers in safety standards when they are on or around a scaffold. Lastly, Labor Law 240 eliminates certain defenses a contractor might use to limit or excuse liability for a construction site scaffold accident. 

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.   

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.