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At Lipsig, Freund & Wisell, PLLC, our New York City personal injury attorneys have been fighting for accident victims for decades—delivering proven results and dedicated legal representation in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

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What Is New York Labor Law Section 241(6) and How Does It Protect Construction Workers?

October 14, 2026

| Construction Accidents

A tile setter in a Long Island City high-rise trips over a loose cable. An electrician in Downtown Brooklyn touches a wire that should have been dead. Neither fell from a height, and both may have a claim.

At Lipsig, Freund & Wisell, PLLC, our construction accident attorneys often see these ground-level cases. A New York job site safety rule can let you sue the property owner and general contractor while you collect workers’ comp.

Who Is Responsible for Safety on a NYC Job Site?

Property owners, general contractors, and their agents must give workers reasonable and adequate protection during construction, demolition, and excavation work. Courts call this a non-delegable duty, so the owner can’t hand it off. Blaming a subcontractor won’t work, and neither will proof that the owner never visited the site.

Damages Available Beyond Workers’ Compensation

Workers’ comp covers your medical care and only part of your lost wages. A lawsuit against the owner or general contractor can recover:

New York usually bars lawsuits against your own employer. These claims target the companies that owned or operated the site.

What Safety Rules Count Under New York Labor Law Section 241(6)?

Under New York Labor Law Section 241(6), a general complaint about safety is not enough. You must point to a specific rule in 12 NYCRR Part 23 of the State Industrial Code. Common New York State Industrial Code Part 23 violations include:

Some code rules only call for “adequate” or “proper” care. Courts often dismiss 241(6) claims that rely on broad rules like those.

Difference Between Labor Law 240 and 241(6)

The Scaffold Law, Labor Law § 240, covers falls and objects dropping from above. Owners face absolute liability under it, so your own carelessness usually won’t cut what you recover. Section 241(6) covers more ground-level hazards, but it lets the defense argue that you share the blame.

Can You Still Recover if You Were Partly at Fault?

Insurers often blame the worker for rushing or skipping a step. New York lowers your award by your share of the fault instead of erasing it. If a jury finds you 20% at fault and the owner broke a Part 23 rule, you can still collect 80% of your damages.

Start Your NYC Construction Injury Claim Before Time Runs Out

You generally have three years from the accident to file a personal injury lawsuit in New York. If the city or another public agency owns the property, a notice of claim may be due within 90 days.

Our team at Lipsig, Freund & Wisell can find out who owned the site and which deadline applies. Call 212-285-3300 or schedule a free case review. Our attorneys have recovered over $1 billion for injured New Yorkers.