New York Labor Law 200 Attorneys Serving All Five Boroughs and New Jersey

The construction accident attorneys at Hofmann & Schweitzer represent workers injured by dangerous worksite conditions and unsafe work methods throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as New Jersey. For more than 40 years, our firm has used New York's construction Labor Laws—Labor Law 200, Labor Law 240 (the Scaffold Law), and Labor Law 241(6)—to recover full compensation for injured workers, well beyond what workers' compensation pays.

If an unsafe worksite hurt you, the owner, the general contractor, and their insurance companies all have representation. You should too.

Please contact our office at 212-465-8840 for a FREE, personalized review of your case.

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What Is New York Labor Law 200?

New York Labor Law § 200 codifies the common-law duty of property owners, general contractors, and their agents to provide workers with a reasonably safe place to work. It is the broadest of New York's three worker-protection statutes: it is not limited to falls from height like Labor Law 240, and it does not require an Industrial Code violation like Labor Law 241(6). If a dangerous condition or an unsafe work practice on the site caused your injury, Labor Law 200 may give you a claim—even where the other two statutes do not apply.

The trade-off is the standard of proof: Labor Law 200 is essentially a negligence statute. The injured worker must connect the owner or contractor to the hazard through notice or control, which is where these cases are won or lost. You can read more about all three statutes in our overview of the Labor Laws that protect New York City construction workers and our Labor Law 200 FAQ.

The Two Types of Labor Law 200 Claims

New York courts divide Labor Law 200 cases into two categories, each with its own proof requirements. Identifying which category your accident falls into—and building the evidence that category demands—is the first strategic decision in every 200 case. See Comes v. New York State Electric & Gas Corp., 82 N.Y.2d 876 (1993).

Dangerous Premises Conditions

These claims arise from hazards on the property itself—a slippery floor, scattered debris, inadequate lighting, an unguarded opening, a hidden defect. To recover, the worker must show the owner or contractor either created the condition or had actual or constructive notice of it and failed to fix it. Constructive notice means the hazard existed long enough, and was visible enough, that a reasonable owner or contractor should have discovered it.

Unsafe Means and Methods of Work

These claims arise from the way the work itself was performed—an unsafe procedure, a dangerous shortcut ordered by a supervisor, improper use of equipment. Here the worker must show the owner or contractor had authority to supervise or control the injury-producing work. General oversight of the project is not enough; we build the record—contracts, daily logs, testimony—to establish who actually directed the work.

Labor Law 200 vs. 240 vs. 241(6): How the Three Statutes Fit Together

• Labor Law 240 (Scaffold Law): Elevation-related accidents only—falls from height and falling objects. Strict liability; the worker's comparative fault is not a defense.
• Labor Law 241(6): Construction, excavation, and demolition hazards. Requires a specific Industrial Code (12 NYCRR Part 23) violation; comparative fault can reduce recovery.
• Labor Law 200: Any unsafe workplace condition or work method, on or off a construction site. Requires proof of notice or supervisory control; ordinary negligence rules apply.

The three statutes are not either/or. A worker who falls on a debris-strewn ramp may have a 241(6) claim under Industrial Code 23-1.7(e), a 200 claim based on notice of the debris, and—if elevation was involved—a 240 claim as well. We plead every statute the facts support, because each gives the case an independent path to recovery.

Labor Law 200 Cases Our NYC Attorneys Handle

Slippery Floors, Debris, and Poor Lighting

Wet or greasy surfaces, scattered materials, and dark passageways cause serious falls. Where the owner or contractor created or knew about the condition, Labor Law 200 applies—often alongside Industrial Code claims under Labor Law 241(6). It is also a good idea to report safety violations on the construction site as soon as possible.

Dangerous Equipment and Machinery Practices

Injuries from unsafe operation of machinery, improper rigging, or dangerous shortcuts directed by a supervisor support means-and-methods claims against parties who controlled the work. The Industrial Code's tool and machinery requirements often supply a parallel 241(6) claim.

Toxic Exposure and Air Quality Hazards

Exposure to chemicals, dust, and fumes on poorly ventilated sites can cause lasting respiratory harm. Owners and contractors who knew of the hazard—or should have—can be held responsible under Labor Law 200 and applicable OSHA regulations and safety standards.

Injuries Outside Construction Work

Because Labor Law 200 codifies the general duty to provide a safe workplace, it can protect workers whose accidents fall outside the construction-specific statutes—including maintenance workers, inspectors, and delivery personnel injured by dangerous conditions on a site.

Who Can Be Held Liable Under Labor Law 200?

• Property owners who created a hazard or had actual or constructive notice of it;
• General contractors responsible for site conditions or directing the work; and
• Their agents, such as construction managers with authority over the injury-producing work.

Your direct employer is usually protected by workers' compensation, but a third-party lawsuit against the owner and general contractor can proceed alongside your workers' comp claim—and can recover damages workers' compensation never pays.

What You Must Prove: Notice and Control

Labor Law 200 cases turn on evidence that disappears quickly—photographs of the condition, inspection and maintenance logs, complaint records, daily reports showing who directed the work. Our attorneys move immediately to preserve it:

• For premises-condition claims: proof the hazard existed long enough to be discovered—prior complaints, work orders, witness testimony, and site photographs;
• For means-and-methods claims: proof of supervisory control—contracts, safety meeting minutes, and testimony showing who had authority over how the work was done.

How Long Do You Have to File a Labor Law 200 Claim?

• Personal injury: generally three years from the accident (CPLR § 214).
• Wrongful death: generally two years from the date of death (EPTL § 5-4.1).
• Claims involving a public or municipal entity (such as the City of New York, the MTA, or a public authority): a Notice of Claim usually must be served within 90 days, with suit filed within one year and 90 days (General Municipal Law § 50-e).

Deadlines are strict, and shorter timelines can apply. Because notice and control evidence fades fastest of all, early investigation matters even more in Labor Law 200 cases than in most.

Construction Accident Case Results

Results matter when choosing a construction accident law firm. Recent recoveries by our attorneys include a $7 million settlement for a dock builder injured by a mooring cable on an offshore wind project, a $1,425,000 settlement for an injured surveyor under Longshore 905(b), and a $950,000 recovery for a construction worker's neck and shoulder injuries. Review more of our construction accident case results to see what our clients have recovered.

Frequently Asked Questions About Labor Law 200

Compensation for Your Labor Law 200 Claim

A third-party Labor Law claim can recover damages that workers' compensation does not, including:

• Medical Expenses: Hospital charges, surgery, medications, rehabilitation, and future treatment needs
• Lost Income: Full past and future lost earnings, not just the fraction workers' compensation pays
• Diminished Earning Capacity: If your injuries prevent you from resuming your career
• Pain and Suffering: For the physical and emotional toll of your injuries
• Wrongful Death Damages: Where a workplace accident is fatal (EPTL § 5-4.1)

Serious worksite accidents often cause traumatic brain injuries and spinal cord trauma, which carry lifelong costs. Insurance companies often try to minimize payouts, particularly for non-economic damages like pain and suffering. Our NYC attorneys vigorously pursue maximum compensation for you.

Why Choose Hofmann & Schweitzer for Your Labor Law 200 Case

For over 40 years, we've exclusively represented injured workers—never insurance companies or employers. Labor Law 200 cases are won on evidence of notice and control, and our attorneys know how to find it, preserve it, and prove it.

• Deep knowledge of New York Labor Laws 240, 241(6), and 200
• Experience with OSHA regulations and safety standards
• Immediate investigation that preserves scene photos, inspection logs, complaint records, and daily reports before they disappear
• A network of construction-safety engineers, life-care planners, and medical specialists to prove the full value of your case
• No fee unless we win. We advance case costs, and you owe nothing unless we recover for you.

Our attorneys represent injured workers in every borough, including through our Queens construction accident lawyers, from our Midtown Manhattan office at 212 W 35th Street and our Raritan, New Jersey office.

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Contact Our NYC & NJ Construction Accident Attorneys Today

Don't let general contractors, property owners, or insurance companies take advantage of you. You have valuable rights under New York Labor Law 200, 240, and 241(6), but those rights must be protected from the moment of your injury. During your free consultation, our attorneys will review the details of your accident, determine whether notice or control can be established, discuss the compensation you may be entitled to, and outline a strategy for your case.

New York Office: 212 W 35th St Fl 12, New York, NY 10001 — 212-465-8840
New Jersey Office: 1130 US-202 Ste A7, Raritan, NJ 08869 — 908-393-5662

Proudly serving injured workers throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Newark, Jersey City, and the entire New York and New Jersey metropolitan area. You can also request our FREE guide, Hurt in a Construction Accident? You're Not Alone.