New York’s Labor Law Section 200 (LAB 200) ensures construction sites remain as safe as possible by holding property owners and contractors accountable for maintaining safe environments.
Construction workers are in one of the most hazardous industries in the U.S. About 1 in 5 workplace fatalities occur in the construction sector, according to the Bureau of Labor Statistics (BLS). In 2022, more than 1,000 construction workers lost their lives on the job while more than 144,000 workers suffered non-fatal injuries that required days away from work.
If you or someone you love has been injured in a construction site due to violations of Labor Law 200, you may be able to pursue a personal injury claim to get the compensation you deserve and hold those responsible accountable.
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What Is Labor Law 200 and How Does It Protect You?
LAB 200 establishes the general duty of property owners and contractors to maintain a safe work environment. It mandates that all work sites be "constructed, equipped, arranged, operated and conducted" to provide reasonable protection for workers' lives, health, and safety.
This includes any unsafe conditions, such as malfunctioning equipment, poorly maintained work areas, or dangerous work methods.
LAB 200 applies broadly to various types of construction work, including:
- New construction
- Demolition
- Building repairs and renovations
- Property alterations
It also covers areas adjacent to the main work site, such as walkways that workers use regularly.
When accidents happen because an owner or contractor fails to make the site safe, you have the right to pursue legal action.
Key Safety Provisions Under Labor Law 200
Labor Law 200 outlines a clear responsibility for those in charge of construction sites. It ensures:
- Safe Machinery and Equipment
All machinery and tools must be positioned safely and regularly maintained to prevent accidents.
- Adequate Lighting and Safety Measures
Proper lighting is required to help workers avoid hazards such as slips, trips, and falls—accidents responsible for 38.4% of construction fatalities in 2022.
- Clear Safety Protocols
Employers are responsible for setting up barriers or signs to keep workers out of dangerous areas, like faulty scaffolding or hazardous zones.
These safety protocols help ensure you are not subjected to undue risk while performing your duties. So, If an owner or contractor fails to correct dangerous conditions, they can be held liable for any injuries that occur.
How does Labor Law 200 Differ from Labor Law 240 and 241?
does Labor Law 200 Differ from Labor Law 240 and 241?
| Aspect | Labor Law 200 | Labor Law 240 | Labor Law 241 |
| Focus | General safety and health of all workers and visitors at construction sites. | Falls at elevated heights and falling objects | Safety requirements specific to demolition, excavation, and construction activities. |
| Type of Liability | Negligence-based; owners and contractors must ensure a safe work environment. | Strict liability for failure to adhere to specific safety regulations and standards outlined in the Industrial Code. | Liability for failure to adhere to specific safety regulations and standards outlined in the Industrial Code. |
| Scope of Application | Applies to all construction sites and all types of work conditions, including general maintenance and safety practices. | Limited to construction activities involving elevation, such as scaffolding, ladders, and other height-related tasks. | Covers various construction activities, particularly those involving demolition, excavation, and safety measures. |
| Injury Types Covered | Covers any injury resulting from unsafe conditions or practices, including slips, trips, and falls. | Covers injuries from falls and being hit by falling objects, specifically related to gravity. | Covers injuries resulting from violations of specific safety standards during demolition or excavation work. |
| Protective Measures | Requires reasonable and adequate safety measures, including proper lighting, safe equipment, and maintenance of work areas. | Requires specific safety measures such as scaffolding, hoists, ladders, and proper training on their use. | Mandates compliance with specific regulations in the Industrial Code, including safety equipment and training for workers. |
| Examples of Violations | Unsafe work environments (e.g., tripping hazards, inadequate lighting), unsafe work methods (e.g., improper lifting techniques). | Lack of proper scaffolding or safety harnesses, failure to provide ladders or hoists for elevated work. | Failure to follow specific safety protocols, such as not keeping work areas clear of debris or not providing guardrails. |
Common Construction Site Accidents Covered by Labor Law 200
The top five most common construction site accidents in the US are:
- Falls from Heights
Falls are the leading cause of injuries and fatalities in the construction industry, accounting for over a third of all construction-related injuries. This includes falls from ladders, scaffolding, roofs, and other elevated surfaces.
- Being Struck by Objects
This type of accident occurs when falling tools, equipment, or materials hit workers. It is a significant cause of injuries on construction sites.
- Electrocution
Electrocution or electric shocks are a significant hazard in construction, typically resulting from contact with live wires or faulty equipment. It is one of the "Fatal Four" causes of construction deaths.
- Caught-in/Between Accidents
These accidents happen when a worker is caught, crushed, or pinched between equipment, materials, or structures. This category includes incidents involving machinery and collapsing structures.
- Slips and Trips
Slips and trips are often caused by uneven surfaces, wet conditions, or cluttered work areas. These incidents are common and can lead to serious injuries, including fractures and sprains.
All these accidents are largely preventable when the proper safety measures are in place. If you’ve experienced any of these incidents, know that LAB 200 is on your side and will help ensure that those who failed to make your job safe are held responsible.
What You Need to Know About Your Rights Under Labor Law 200
As a New York construction worker, LAB 200 grants you several key rights:
- Safe Work Environment. Your employer must take reasonable steps to keep your workplace free from hazards.
- Proper Equipment. You should be provided with the necessary safety equipment for your job.
- Reporting Unsafe Conditions. You can report dangerous situations without fear of retaliation.
- Refusing Unsafe Work. If a task poses an immediate danger to your life or health, you have the right to refuse it.
- Compensation for Injuries. If you're hurt due to a LAB 200 violation, you may be entitled to compensation beyond standard workers' compensation benefits if negligence is proven.
If you were injured because your employer didn’t fix a known hazard, you may have a valid claim under this law. Workers’ compensation typically covers only basic costs like medical bills and a portion of lost wages.
Still, if you can prove negligence, you could recover full compensation, including pain and suffering. You may even seek compensation from site owners, general contractors, and sometimes even subcontractors.
While LAB 200 provides protections, proving negligence in court can require thorough documentation, expert testimony, and a strong legal strategy. You should always consult with an experienced attorney to fully understand the scope of your rights and how best to pursue a claim.
Steps to Take If You've Been Injured on a Construction Site
After a construction accident, it’s essential to act quickly to protect both your health and your rights:
- Seek medical attention right away and document your injuries thoroughly.
- Report the injury to your supervisor or employer immediately.
- Take photos of the accident site and any hazardous conditions contributing to your injury.
- Gather witness information, including statements from anyone who saw the accident.
- Contact an attorney to evaluate your case, help you understand your rights, and guide you through the legal process.
Each step strengthens your case and ensures that you have the evidence necessary to hold your employer or the property owner accountable under Labor Law 200.
How Violations of Labor Law 200 Can Impact Your Claim
Violations of Labor Law 200 can significantly strengthen your compensation claim. To prove a violation, you generally need to show one of two things:
- The owner or contractor knew (or should have known) about a dangerous condition and failed to correct it.
- The owner or contractor had supervisory control over the work that led to the injury.
If a violation is proven, it can lead to a finding of negligence, potentially increasing the compensation you may receive. This could cover medical expenses, lost wages, pain and suffering, and other damages related to your injury.
The Labor Law 200 in Action
In Thomas v. 250/PAS Associates, the New York County court addressed a Labor Law 200 violation case.
Background
The case involves Thomas, a construction worker who was injured while working on a site managed by 250/PAS Associates. His injuries were caused by unsafe conditions at the site that the owner and contractor failed to fix.
Legal Issue
The key legal issue was whether the site owner and contractor were responsible under New York Labor Law 200.
Court Findings
The court looked into the conditions that caused Thomas’s injuries and whether the owner and contractor knew or should have known about the dangers. The court found that they had a duty to keep the worksite safe, and their failure to do so contributed to the unsafe conditions that caused Thomas’s injuries.
Outcome
The court ruled in favor of Thomas, holding the owner and contractor responsible under Labor Law 200. The ruling highlighted the importance of maintaining safe worksites and the employer’s duty to protect workers from predictable dangers.
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How Our NY Personal Injury Lawyers Can Help Protect Your Rights
While Labor Law 200 protects construction workers, pursuing claims can be challenging. Defendants often try to avoid liability by denying responsibility or control over work conditions.
Here are several common challenges and how we address them:
- Proving Negligence
We'll gather evidence to show the site owner or contractor knew about hazards and failed to fix them.
- Establishing Worksite Control
Defendants often claim they lacked control over daily operations. We'll use testimonies from co-workers, supervisors, and safety inspectors to prove defendants had the power to stop unsafe practices.
- Determining Injury Cause
Whether your injury was due to unsafe conditions or work methods, we'll identify the right legal strategy. We'll show that the owner knew about and didn't act on equipment defects. For improper work methods, we'll prove that the contractor controlled how work was done.
- Countering Comparative Negligence
If defendants claim you were partly at fault, we'll shift focus to their responsibility and emphasize how unsafe conditions or methods, not your actions, caused the injury.
- Gathering Strong Evidence
We'll collect detailed evidence such as accident scene photos, maintenance logs, safety reports, and hazard communications. Expert testimony can explain industry safety standards and violations.
Our expert personal injury attorneys know how to build a strong case and will fight to ensure you get the full compensation you’re entitled to—including medical costs, lost wages, and pain and suffering.
Speak to Expert Legal Counsel for Your Labor Law 200 Case
At the Porter Law Group, we understand the toll a construction injury can take on you and your family. Our team will fight for your rights and ensure you receive the compensation you’re entitled to.
If you or a loved one has been injured on a construction site, contact us today! We provide free, no-obligation consultations to evaluate your case and offer legal guidance. Call 833-PORTER9 or email info@porterlawteam.com to schedule your free case consultation.
