New York Labor Law 241(6) Attorneys Serving All Five Boroughs and New Jersey

The construction accident attorneys at Hofmann & Schweitzer represent workers injured on construction, excavation, and demolition sites 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 241(6), Labor Law 240 (the Scaffold Law), and Labor Law 200—to recover full compensation for injured workers, well beyond what workers' compensation pays.

If you were hurt because a job site broke New York's construction safety rules, 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 241(6)?

New York Labor Law § 241(6) requires owners, general contractors, and their agents to provide “reasonable and adequate protection and safety” to workers on construction, excavation, and demolition sites. Unlike an ordinary negligence claim, the duty is non-delegable—owners and contractors are responsible for Industrial Code violations on their sites even if they never supervised or controlled the injured worker's job.

Where Labor Law 240 is limited to elevation-related accidents, Labor Law 241(6) reaches the full range of construction-site hazards—slipping and tripping dangers, cave-ins, defective machinery, falling debris, and missing protective equipment. You can read more about all three statutes in our overview of the Labor Laws that protect New York City construction workers.

What Must Be Proven Under Labor Law 241(6)

• You were injured during construction, excavation, or demolition work;
• A specific, concrete rule of the New York Industrial Code (12 NYCRR Part 23) was violated—a general safety standard is not enough (Ross v. Curtis-Palmer Hydro-Electric Co., 81 N.Y.2d 494 (1993)); and
• The violation was a proximate cause of your injury.

The New York Industrial Code: The Heart of a 241(6) Claim

The Industrial Code, 12 NYCRR Part 23, is New York's detailed rulebook for construction-site safety. Identifying the right code provision is where 241(6) cases are won or lost—plead a rule that is too general and the claim is dismissed; plead the right specific rule and the owner and general contractor are on the hook. Our attorneys know this code thoroughly, including its tool and machinery requirements under Section 23.

Industrial Code Rules We Frequently Use

• 23-1.7 — Protection from general hazards: falling objects, slipping hazards, tripping hazards, and unguarded openings
• 23-1.8 — Personal protective equipment: eye protection, head protection, and protective apparel
• 23-1.21 — Ladders and ladderways: strength, footing, and securing requirements
• 23-4 — Excavation operations: shoring, sloping, and trench protection requirements
• 23-5 — Scaffolds: construction, footing, and railing requirements for scaffolding on NY and NJ sites
• 23-9 — Power-operated equipment: maintenance and operation of heavy machinery

The Bazdaric Decision: Slipping Hazards After 2024

Labor Law 241(6) keeps evolving in workers' favor. In Bazdaric v. Almah Partners LLC, 41 N.Y.3d 342 (2024), New York's highest court held that a slippery plastic covering placed over an escalator was a “foreign substance” under Industrial Code 23-1.7(d)—and rejected the defense that the covering was “integral to the work” because safer alternatives, like drop cloths, were available. The decision expanded the range of slipping hazards that support a 241(6) claim and confirmed that contractors cannot choose the most dangerous method just because it gets the job done.

Labor Law 241(6) vs. Labor Law 240: What's the Difference?

The two statutes work together, and serious cases often assert both:

• 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): All construction, excavation, and demolition hazards. Requires a specific Industrial Code violation; comparative fault can reduce, but not eliminate, recovery.
• Labor Law 200: General workplace-safety negligence where the owner or contractor created the hazard or had notice and control.

If your accident involved a fall or a falling object, we will typically pursue Labor Law 240 and 241(6) together—the 240 claim for its strict liability, and the 241(6) claim as a second independent path to recovery.

241(6) Accident Cases Our NYC Attorneys Handle

Slipping, Tripping, and Debris Hazards

Ice, grease, water, scattered debris, and slippery coverings in work areas and passageways violate Industrial Code 23-1.7(d) and (e). After Bazdaric, even materials placed by the contractor can qualify when safer alternatives existed.

Trench Cave-Ins and Excavation Collapses

Collapses and cave-ins can cause crushing injuries or asphyxiation. Industrial Code Part 23-4 sets specific shoring and sloping requirements, and we scrutinize whether they were followed.

Defective Tools and Machinery

Faulty or poorly maintained machinery can inflict severe injuries. The Industrial Code's tool and machinery rules and Part 23-9's power-equipment requirements support claims against site owners and contractors, alongside potential product claims against manufacturers.

Falling Objects and Overhead Hazards

Workers struck by falling tools, materials, or debris may have claims under both Industrial Code 23-1.7(a) and the Scaffold Law. We pursue every available theory.

Missing Personal Protective Equipment

When a site fails to provide required eye protection, head protection, or other safety gear under Industrial Code 23-1.8, and a worker is injured as a result, the owner and general contractor can be held responsible. It is also a good idea to report safety violations on the construction site as soon as possible.

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

Labor Law 241(6) places a non-delegable duty on:

• Property owners, including owners who never visited the site;
• General contractors; and
• Their agents, such as construction managers with authority over the work.

Because the duty is non-delegable, liability attaches even when the owner or general contractor did not supervise the injured worker or control the 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.

Does Your Own Fault Reduce Your Recovery?

Under Labor Law 241(6), comparative negligence can reduce your recovery in proportion to your share of fault, but it does not eliminate a valid claim. If your accident also qualifies under Labor Law 240, your comparative fault is not a defense at all. This is one more reason we evaluate every construction accident under all three Labor Law statutes and OSHA regulations and safety standards before choosing the strongest combination of claims.

How Long Do You Have to File a 241(6) 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. Missing one can permanently end an otherwise strong claim, so it is important to speak with an attorney as soon as possible after an injury.

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 241(6)

Compensation for Your Labor Law 241(6) 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 construction career
• Pain and Suffering: For the physical and emotional toll of your injuries
• Wrongful Death Damages: Where a construction accident is fatal (EPTL § 5-4.1)

Serious construction 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 construction accident attorneys vigorously pursue maximum compensation for you.

Why Choose Hofmann & Schweitzer for Your 241(6) Case

For over 40 years, we've exclusively represented injured workers—never insurance companies or employers. Winning a 241(6) case takes more than knowing the statute; it takes knowing the Industrial Code rule by rule and matching the right provision to the facts of your accident.

• Deep knowledge of New York Labor Laws 240, 241(6), and 200 and the Industrial Code
• Experience with OSHA regulations and safety standards
• Immediate investigation that preserves scene photos, equipment, safety logs, and records before conditions change
• 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 241(6), 240, and 200, but those rights must be protected from the moment of your injury. During your free consultation, our construction accident attorneys will review the details of your accident, identify the Industrial Code violations that apply, 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 construction 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.