If you were hurt on a New York construction site but did not fall from a height, you may still have a lawsuit beyond workers’ comp. Labor Law §241(6) lets injured workers sue owners and general contractors when a specific New York Industrial Code safety rule was violated. The key is that the rule has to be concrete, not just a general call to “be safe.”
What Section 241(6) demands
Labor Law Section 241(6) is part of New York’s construction-safety law. It says owners and general contractors must keep construction, demolition, and excavation work “reasonably safe” for workers. On its own, that sounds vague. The power of the statute comes from how courts have interpreted it.
To win a 241(6) case, you generally must point to a specific rule in the New York Industrial Code (found at 12 NYCRR Part 23) that was violated and that caused your injury. A general statement about safety is not enough. The rule has to set a concrete standard, like a required guardrail height, a debris-removal requirement, or a non-slip flooring rule.
Unlike the Scaffold Law (Section 240), which is strict liability, a 241(6) case usually allows the defense to argue comparative fault. That means your own carelessness can reduce, but not necessarily eliminate, a recovery. The trade-off is that 241(6) covers a much wider range of accidents than just falls from height.
How 241(6) differs from Section 240
- Section 240 (Scaffold Law): strict liability, but only for gravity and elevation risks.
- Section 241(6): broader range of hazards, but you must cite a specific Industrial Code rule, and comparative fault can apply.
Many construction cases plead both, because a single accident can involve more than one type of risk. If your injury was a fall from height, the Scaffold Law under §240(1) is usually the stronger route.
NY construction-safety laws at a glance
| Statute | What it covers | Who is liable | Key requirement |
|---|---|---|---|
| Labor Law §240(1) | Falls from height, falling objects | Owners, GCs, agents | Strict liability when a safety device was missing or failed |
| Labor Law §241(6) | Trips, slips, machinery, excavation, demolition | Owners, GCs | A specific Industrial Code rule (12 NYCRR Part 23) was violated |
| Labor Law §200 | General unsafe worksite conditions | Owners, GCs (with control) | Notice of the hazard or control over the work |
Why the “specific rule” requirement decides the case
This is where 241(6) cases are won or lost. New York courts draw a line between:
- General safety standards (too vague to support a 241(6) claim), and
- Specific, concrete commands in the Industrial Code (these can support a claim).
For example, a rule that simply says a workplace should be operated safely is generally too general. But a rule that requires passageways to be kept free of debris, or that sets standards for protecting workers near hazardous openings, is specific enough.
You do not need to memorize these rules. The point to understand is that a 241(6) case is built on identifying the exact regulation that fits your accident. That is detailed legal work, which is why these claims are usually evaluated by an attorney.
Common accidents that may fit 241(6)
- Tripping over debris or material left in a walkway.
- Slipping on a wet, oily, or improperly surfaced floor.
- Injuries from unguarded machinery or power tools.
- Being struck by equipment in an area that needed protection.
- Excavation, trenching, and demolition hazards.
Whether any of these actually qualifies depends on the facts and the specific code rule involved.
Who can be sued under 241(6)
Like the Scaffold Law, Section 241(6) targets parties who are usually not your employer:
- The property owner.
- The general contractor.
These are third parties. A third-party lawsuit is separate from your workers’ comp claim and seeks the damages comp does not pay, such as full lost wages and pain and suffering.
This matters because of New York’s exclusive-remedy rule. Under Workers’ Compensation Law §11, you generally cannot sue your own employer for negligence; comp is your only remedy against the employer. The narrow exceptions are an employer who illegally had no workers’ comp insurance, or a true intentional tort by the employer. A 241(6) case sidesteps this problem by going after the owner and GC instead.
What you may recover
Workers’ comp benefits are real and important, but limited. They can include temporary disability payments while you recover, a schedule loss of use (SLU) award for permanent loss of use of a body part, and ongoing medical care. They do not include pain and suffering.
A successful 241(6) lawsuit can add damages comp leaves out. Recoveries vary widely by case, depending on the injury, the strength of the code violation, and any comparative fault. No outcome or dollar amount can be promised, and any range you see depends on the specific facts.
How a 241(6) case usually unfolds
These claims tend to follow a recognizable path, and the early steps often decide whether the later ones are even possible.
- Comp begins right away. Workers’ compensation, handled by the New York Workers’ Compensation Board (wcb.ny.gov), pays medical treatment and a share of lost wages no matter who was at fault. Give your employer written notice within 30 days and file the comp claim within the two-year limit.
- The scene gets documented before it changes. Evidence on a construction site (the debris, the machine, the conditions) can disappear quickly, so the hazard is photographed and preserved early to lock in proof of the code violation. A lawsuit has its own separate filing deadline.
- The exact Industrial Code rule is matched to the accident. You do not have to know which 12 NYCRR Part 23 rule was broken; an attorney evaluates which specific, concrete rule fits what happened, because a vague safety standard will not carry the claim.
- The owner and GC are pursued, with comparative fault in play. Because the defense can argue your own carelessness reduced (but did not necessarily eliminate) the recovery, the strength of the code violation drives the case.
- The comp lien is reconciled. If the lawsuit recovers money, the comp insurer may assert a lien on part of it; that coordination is handled so the two tracks fit together.
Related on SueWorkInjury
- NY Scaffold Law (Section 240): when a fall becomes a lawsuit
- Suing the owner or general contractor after a NY construction accident
- More construction accident lawsuit guides
If you were injured on a New York construction site by a hazard that was not a simple fall from height, a Labor Law 241(6) claim may give you a path beyond workers’ comp. To find out whether a specific Industrial Code rule fits your accident, for a free case review with a New York work-injury attorney.
*This is general information, not legal advice, so consult a New York attorney about your specific situation.*