Labor Law Section 200 and New York Construction Accidents
Construction sites in New York City can be dangerous environments, with multiple trades working side by side, heavy machinery in use, and ever-changing conditions that pose safety risks. While Labor Law Sections 240 (the “Scaffold Law”) and 241 receive significant attention for their protections regarding elevation-related and specific safety violations, Labor Law Section 200 provides a broader avenue for injured workers seeking compensation for accidents caused by unsafe work conditions or employer negligence.
This article explores how Section 200 works, who it protects, and when it applies to construction accident victims. If you’ve been hurt in a construction accident in NYC, Nassau or Westchester County, contact Leandros A. Vrionedes, P.C., to explore your options for compensation with an experienced New York construction accident lawyer.
What Is Labor Law Section 200?
Section 200 of the New York Labor Law codifies the general duty of employers and contractors to provide a safe working environment. It is essentially a codification of common law negligence principles and applies to both the manner in which work is performed and the condition of the premises where the work occurs. Under this law, property owners, general contractors, and others who control the job site may be held liable for injuries caused by dangerous conditions or unsafe work practices.
Labor Law § 200 states:
“All places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.”
When Does Section 200 Apply?
Section 200 applies in two general scenarios:
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Dangerous or defective conditions on the premises. If a worker is injured because of a hazardous condition on the property—such as a hole in the floor, tripping hazards, inadequate lighting, or a slippery surface—Section 200 may apply. To establish liability, the injured party typically must show that the property owner or contractor either created the condition or had actual or constructive notice of the condition and failed to remedy it in a reasonable time.
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Unsafe methods or manner of work. Section 200 also applies when an accident arises from the way the work is being carried out—for example, when improper supervision, insufficient training, or dangerous procedures lead to injury. In these cases, liability depends on whether the defendant had the authority to control or supervise the work. Without such control, the property owner or general contractor may not be held liable under Section 200.
Who Can Bring a Claim Under Section 200?
Section 200 protects employees and others lawfully on the construction site. This includes most workers performing construction, demolition, renovation, or maintenance work, whether union or non-union and regardless of immigration status. Workers employed by subcontractors may also bring claims under Section 200 if their injury was caused by a general contractor’s or property owner’s failure to maintain safe conditions or supervise the work safely.
However, Section 200 claims require a showing of negligence, unlike the strict liability provisions of Labor Law Section 240. This means that injured workers must present evidence that the defendant knew or should have known about the unsafe condition or dangerous work practice and failed to take corrective action.
Examples of Section 200 Claims
Section 200 claims can arise from a wide range of construction site accidents in New York. Examples include:
- A worker slipping on wet flooring that was not cleaned or marked with warning signs
- A worker tripping over unsecured electrical cords or construction debris
- A fall through an unguarded opening that the general contractor failed to cover or mark
- Injuries from improperly maintained equipment, such as defective saws, tools, or lifts
- Accidents caused by inadequate safety supervision or training on hazardous tasks
In each of these situations, a successful claim would depend on whether the defendant had control over the condition or the work method, and whether they acted reasonably in protecting the safety of workers.
Proving Liability Under Labor Law Section 200
To succeed in a claim under Section 200, the injured worker must establish several elements, including that a hazardous condition or unsafe work practice existed, the defendant (such as a property owner, general contractor, or managing agent) had actual or constructive notice of the hazard or controlled the work that led to the injury, the defendant failed to take reasonable steps to prevent the injury, and this failure was the proximate (legal) cause of the worker’s injury.
Actual notice means the defendant knew about the hazard. Constructive notice means the hazard was visible and apparent and had existed long enough that the defendant should have discovered and corrected it. Control over the work is a critical factor in unsafe work method claims. If the defendant did not direct or supervise the work that caused the injury, they may escape liability under Section 200.
How Section 200 Differs from Sections 240 and 241
While Labor Law Section 240 (the Scaffold Law) and Section 241(6) provide strong protections for specific types of construction accidents—particularly elevation-related incidents and those involving specific safety regulations—Section 200 casts a wider net by addressing general site safety and common negligence. However, unlike Sections 240 and 241, Section 200 does not impose strict liability. This means the injured worker bears the burden of proving negligence.
In many construction accident cases, an experienced attorney will evaluate all three labor law provisions to determine which claim or claims may apply. In some cases, a worker may have valid claims under multiple statutes.
Damages Available in a Section 200 Lawsuit
A successful Labor Law Section 200 claim may allow an injured construction worker to recover significant compensation, including medical expenses (current and future), lost wages and diminished earning capacity, pain and suffering, and loss of quality of life.
Importantly, Section 200 claims are third-party personal injury lawsuits, meaning they are filed in addition to a workers’ compensation claim. Workers’ compensation may cover medical bills and a portion of lost wages, but it does not provide a full recovery or allow compensation for pain and suffering. A Section 200 claim can fill that gap and help injured workers obtain full financial recovery.
Seek Experienced Legal Help After a Construction Site Injury in New York Coty
If you or a loved one has been injured on a construction site in New York, it is crucial to understand your rights under the state’s labor laws. Labor Law Section 200 can be a powerful legal tool for obtaining compensation after an accident caused by unsafe conditions or negligent supervision. However, proving a Section 200 claim requires a thorough investigation and careful legal analysis.
At Leandros A. Vrionedes, P.C., we have extensive experience representing injured construction workers across New York City, including Brooklyn, the Bronx, Manhattan and Queens, as well as communities in Nassau and Westchester counties like Hempstead, Yonkers, and White Plains. We know how to navigate the complex web of New York labor laws, identify responsible parties, and build a compelling case for maximum compensation. Our team is dedicated to holding negligent parties accountable and helping injured workers recover compensation with dignity and financial security.
Contact our office today for a free consultation. We will review your case, explain your legal options, and fight to ensure you receive the justice and compensation you deserve.
