Labor Law 241(6): What Construction Workers in New York Need to Know

New York Labor Law §241(6) requires every property owner and general contractor to follow specific safety rules on construction, excavation, and demolition sites. Those rules are set out in the NY Industrial Code. When a violation of one of them causes a worker's injury, the owner or contractor is liable. They are on the hook even if they were never on site.

If you were hurt on a construction site, this is one of the most important laws to understand. It can open a path to compensation well beyond workers' compensation. It also holds the people who control the money and the safety decisions accountable, not just your direct employer. The Orlow Firm has handled construction accident cases under these protections for more than 40 years. One point comes up again and again: most injured workers don't realize they have rights beyond a workers' comp check.

This article covers what §241(6) actually says and who it protects. It explains what you have to prove to win, who can be held responsible, and how the law differs from the better-known Scaffold Law (§240(1)). It also walks through a major 2024 Court of Appeals ruling and the deadlines you need to watch.

What Is Labor Law §241(6)?

Labor Law §241(6) is part of New York's broader Labor Law §241, which governs safety on construction sites. The statute itself reads:

All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.

In plain English, the law does three things. First, it puts a duty on owners and general contractors to keep construction, excavation, and demolition areas reasonably safe. Second, it gives the New York Commissioner of Labor authority to write specific safety regulations, known together as the Industrial Code. Third, it makes those specific regulations mandatory, so a violation can become the basis for a lawsuit. (NY Labor Law § 241)

There is one notable exception. Owners of one- and two-family homes who hire a contractor but do not direct or control the work are not liable under §241(6). The law is aimed at commercial construction and the parties who profit from it, not homeowners renovating their own house.

Who Is Covered by §241(6)?

The protection is broad. It covers anyone doing construction, excavation, or demolition work. The courts read those terms generously to include building, altering, repairing, maintaining, painting, cleaning, and pointing structures. In Nooney v. Queensborough Public Library (2023), the Appellate Division confirmed that repair work, painting, and pointing qualify as covered activities — and that the line between covered repair and excluded routine maintenance turns on the actual scope and nature of the work. Union workers and non-union workers are protected equally.

Immigration status does not matter. Undocumented and immigrant workers are covered, and New York courts have repeatedly upheld their right to recover for construction injuries. The New York Attorney General's office confirms that workers' safety rights do not depend on documentation. (NY Attorney General — Immigrant Workers' Rights) This matters a great deal in Queens, where a large share of the construction workforce is foreign-born. We have recovered large settlements for undocumented workers. That includes a $2,474,000 result for a worker electrocuted and thrown from a scaffold.

There is an important limit. "Routine maintenance" falls outside §241(6). That means work that is not part of construction, alteration, repair, or a similar covered activity. Swapping a burned-out light bulb is routine maintenance and generally not covered. Replacing an entire light fixture, on the other hand, can qualify. Courts look at the actual scope and nature of the work, not just what the employer calls it. Pedestrians and other people lawfully present near a worksite can also bring claims when an Industrial Code violation injures them.

The Industrial Code: The Heart of Every Labor Law 241(6) Claim

Here is the detail that surprises many injured workers. A §241(6) claim does not succeed just because a site was unsafe. It succeeds only when a specific, applicable Industrial Code rule was violated. The Industrial Code is found at 12 NYCRR Part 23. The New York Commissioner of Labor issues it, and it is the rulebook owners and general contractors must follow. (12 NYCRR Part 23 — Protection in Construction, Demolition and Excavation Operations)

This is different from ordinary negligence. In a general negligence case, any unreasonable conduct can create liability. Under §241(6), the worker or the worker's attorney must point to the exact code section that was breached. A vague claim that the site was dangerous is not enough. The violation must be specific and concrete.

Some of the most frequently cited Industrial Code provisions in §241(6) cases include:

• §23-1.7(a) — Overhead protection from falling materials and objects for workers below
• §23-1.7(b) — Falling hazards; guarding of hazardous openings into which a person may step or fall
• §23-1.7(d) — Slipping hazards from water, ice, grease, and foreign substances
• §23-1.7(e) — Tripping hazards; passageways must be kept clear of debris, scattered tools, and materials
• §23-1.16 — Safety belts, harnesses, and lifelines
• §23-1.21 — Construction, use, and maintenance of ladders and ladderways
• §23-5 — Scaffolding design, materials, planking, and guardrails
• §23-2.1 — Safe storage and disposal of construction materials

Finding the right provision is often where cases are won or lost. An experienced construction accident attorney investigates the scene, the equipment, and the work being done. The goal is to match the facts to a concrete code violation.

What You Must Prove to Win a §241(6) Claim

To win under §241(6), an injured worker generally must show four things:

1. Covered activity. The work being done at the time of injury was construction, excavation, demolition, or a closely related activity, not routine maintenance.
2. A specific Industrial Code violation. A particular provision of 12 NYCRR Part 23 was violated, identified by section.
3. An unsafe condition. That violation created a hazard at the time and place of the injury.
4. Proximate cause. The violation caused, or substantially contributed to, the injury.

One nuance is critical. Unlike §240(1), §241(6) is not strict liability. A defendant is allowed to argue that the worker was partly at fault. That defense is called comparative negligence, which means shared responsibility. Under New York's comparative negligence rule, your own share of fault reduces your recovery in proportion, but it does not erase it. Say a jury finds you 20% responsible and awards $1 million in damages. You would still recover $800,000. That is a meaningful protection. Even a partly at-fault worker can recover.

Who Can Be Held Liable Under Labor Law 241(6)?

The power of §241(6) comes from a concept called non-delegable duty. It means the legal duty to keep the site safe cannot be contracted away. You can hire a subcontractor to dig the trench. You cannot hire away your responsibility to make sure that trench is safe.

The parties who can be held liable include:

• Property owners — even an owner who never visited the site, had no employees there, and handed everything to a general contractor can be liable. That is non-delegable duty in action.
• General contractors — responsible for the safety of the entire site, no matter which subcontractor's crew was doing the dangerous work.
• Agents — anyone given authority over the work and site safety.
• Subcontractors — generally liable for injuries to their own workers, but not subject to the liability that runs up to owners and general contractors.

The law does not place blame on the injured worker. It also does not reach homeowners who hired a contractor and did not control the work. The structure is deliberate. It puts responsibility on the parties with the authority and the money to make a worksite safe.

How §241(6) Differs from §240(1) and §200

New York protects construction workers through three overlapping statutes. Knowing how they differ helps explain why an attorney often pursues more than one at the same time.

The takeaway for injured workers is that these laws often overlap. A fall from a ladder might support a §240(1) claim and a §241(6) claim at the same time. An attorney looks at which statutes apply to a given accident and pursues each one that helps you recover more.

Common Accidents That Trigger §241(6)

Because §241(6) reaches any specific Industrial Code violation, it applies to a wide range of construction accidents:

• Slip and falls on water, ice, grease, debris, or plastic sheeting (§23-1.7(d))
• Trips in passageways caused by tools, materials, or debris blocking walkways (§23-1.7(e))
• Ladder accidents involving defective, unsecured, or improperly used ladders (§23-1.21)
• Scaffold collapses or falls from improper construction or missing guardrails (§23-5)
• Falling objects from unsecured materials or missing overhead protection (§23-1.7(a), §23-2.1)
• Falls into unguarded openings such as floor holes, trenches, or shafts (§23-1.7(b))
• Electrocution from unprotected live wires or poor electrical safety (§23-1.13)
• Fall-protection failures when a required safety belt or harness is not provided or is defective (§23-1.16)

One point is worth emphasizing. A §241(6) claim can exist even where §240(1) does not. A same-level slip on a slick surface is not a height-related injury under §240(1), but it can absolutely be covered under §241(6). The same is true for falling debris that injures a worker. A $750,000 recovery in one of our cases involved exactly that kind of falling-object accident.

The 2024 Court of Appeals Ruling: What Changed

In 2024, New York's highest court decided Bazdaric v. Almah Partners, LLC. The case addressed what counts as a hazardous "foreign substance" under §23-1.7(d). A worker slipped on plastic sheeting that had been laid over an escalator during painting work. The defendants argued the plastic was not a foreign substance because it had been placed on purpose as part of the job.

The Court of Appeals disagreed. It held that the plastic sheeting qualified as a foreign substance under the Industrial Code because it was nonessential to the actual paint work and created an inherently slippery condition — and that defendants were required to remove it or make it safe. (Court of Appeals Decision — Bazdaric v. Almah Partners, LLC, Feb. 2024)

The practical effect is large. Contractors used to argue that a hazardous material placed during construction work was "integral to the work" as a complete defense. After Bazdaric, that argument fails where the material is nonessential and creates a slipping hazard. For everyday workers, the lesson is simple. If you slipped on a construction material that created a hazard, don't assume your injury isn't covered. The law may protect you, and it is worth asking an attorney.

Time Limits: How Long Do You Have to File a Labor Law 241(6) Claim?

The standard statute of limitations for a §241(6) claim is three years from the date of the accident under CPLR §214. That is the deadline to file your lawsuit. But several exceptions can shorten or extend that window, and missing a deadline can permanently bar a claim.

• Government-owned property. If the property owner is a city, state, or municipal entity, you generally must file a Notice of Claim within 90 days of the accident under General Municipal Law §50-e. This window closes far faster than most people expect, and missing it can end the case before it starts.
• Minors. If the injured worker is under 18, the statute of limitations is generally paused until the worker turns 18.

Timing matters for practical reasons too. Evidence disappears, witnesses move, and worksites get changed or torn down. The sooner an attorney can investigate, the easier it is to identify the specific Industrial Code violation that a §241(6) claim depends on. Do not wait to "see how you feel," especially where a government entity is involved and the 90-day clock may already be running.

Steps to Take After a Construction Site Injury

If you are hurt on a construction site, a few early steps can protect both your health and your potential claim:

1. Get medical care immediately. Treatment protects your recovery and creates a record of your injuries.
2. Report the accident to your supervisor and ask for a written accident report.
3. Document the scene. Take photos and video, and collect the names and contact information of any witnesses.
4. Preserve your equipment. Don't let a site supervisor collect your harness, ladder, or tools. They may be evidence of an Industrial Code violation.
5. Don't give recorded statements to insurance adjusters before speaking with a lawyer.
6. Contact a construction accident attorney before signing anything.

Related Questions

Can I collect more than workers' compensation after a construction accident?

Yes, often. Workers' compensation pays limited benefits regardless of fault but does not cover pain and suffering. A §241(6) claim is a separate lawsuit against the property owner or general contractor — parties who are not your employer. It can recover losses that workers' comp does not, including pain and suffering. Many injured workers pursue both at the same time.

Do I have to prove my employer was negligent under §241(6)?

No. You must identify a specific Industrial Code violation that caused your injury — not prove negligence in the usual sense. If that violation is established, liability follows for the owner and general contractor even if they were never personally careless, because the duty is non-delegable. The defendant may still argue comparative negligence to reduce your recovery, but not eliminate it.

What is a non-delegable duty in construction law?

A non-delegable duty is a legal obligation that cannot be shifted to someone else by contract. Under §241(6), property owners and general contractors have a non-delegable duty to comply with the Industrial Code. They can hire subcontractors to do the actual work, but they cannot contract away responsibility for site safety. That is why an owner who never visited the site can still be held liable.

Can I file a §241(6) claim if I am an undocumented worker?

Yes. Immigration status does not affect your right to bring a construction injury claim in New York. Courts have consistently allowed undocumented workers to recover, and the New York Attorney General's office confirms that workplace safety protections apply regardless of documentation. Your employer cannot use your status to avoid responsibility for an unsafe worksite.

This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.

Sources & Official Resources

New York Laws Cited

1. NY Labor Law § 241 — Construction, Excavation and Demolition Work
2. CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
3. General Municipal Law § 50-e — Notice of Claim (90-Day Requirement)

Regulations Cited 4. 12 NYCRR Part 23 — Protection in Construction, Demolition and Excavation Operations (NY Industrial Code) 5. 12 NYCRR § 23-1.7 — Protection from General Hazards (slipping, falling, tripping) 6. 12 NYCRR § 23-1.13 — Electrical Hazards 7. 12 NYCRR § 23-1.21 — Ladders and Ladderways

Court Decisions 8. Bazdaric v. Almah Partners, LLC — NY Court of Appeals, Feb. 2024 (plastic sheeting as foreign substance under §23-1.7(d))

Helpful Resources 9. NY Attorney General — Immigrant Workers' Rights

Contact The Orlow Firm

Were you injured on a construction site in New York? It does not matter whether you are a union worker, a non-union laborer, or an undocumented immigrant. Labor Law §241(6) may entitle you to compensation from the property owner or contractor, separate from workers' compensation. Understanding your rights is an important first step. The Orlow Firm has protected injured construction workers throughout Queens and New York City for more than 40 years.

Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win.

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