New York Labor Law § 241(6): The Industrial Code Rules That Win Construction Cases

Most injured construction workers in New York have heard of the Scaffold Law. Far fewer have heard of the statute that quietly wins more cases: Labor Law § 241(6). It applies where § 240 does not, it reaches hazards that have nothing to do with falling, and it turns a specific state regulation into the standard the contractor must meet.

If you were hurt on a job site and were told your accident does not qualify because you did not fall from a height, this is the provision worth understanding.

What Labor Law § 241(6) Actually Says

New York Labor Law § 241(6) requires that all areas where construction, excavation or demolition work is being performed be constructed, equipped, arranged, operated and conducted so as to provide reasonable and adequate protection and safety to the people working there.

On its own that language is too general to sue on. The provision becomes powerful because it incorporates the rules the Commissioner of Labor has issued, which live in the Industrial Code at 12 NYCRR Part 23. Those rules are specific, and specificity is the whole point.

How It Differs From the Scaffold Law

Section 240, the Scaffold Law, covers elevation-related hazards: falls from a height, and objects falling from a height onto a worker. It imposes absolute liability on owners and general contractors, meaning a worker’s own carelessness is generally not a defense. We cover it separately in our guide to New York Labor Law § 240 and in our page for scaffolding accident claims in NYC.

Section 241(6) is broader in coverage and narrower in effect. It reaches hazards at ground level that § 240 never touches: slippery floors, unguarded machinery, flying debris, inadequate lighting, unsafe passageways, collapsing excavations. In exchange, liability is not absolute. Comparative fault applies, so a worker’s own conduct can reduce the recovery. Our guide to comparative negligence in New York explains how that reduction works.

The trade-off is usually worth it, because a very large share of construction injuries have nothing to do with elevation.

The Rule That Decides These Cases

Not every Industrial Code provision supports a § 241(6) claim. New York courts distinguish between regulations that merely restate common-law reasonable care, which cannot support the claim, and regulations that impose a concrete, specific positive command, which can.

A rule saying a work area shall be kept safe is too general. A rule saying passageways shall be kept free from accumulations of dirt and debris and from scattered tools and materials is specific enough. This distinction is where most § 241(6) motions are won and lost, and it is why the code section pleaded in the Bill of Particulars matters enormously.

Industrial Code Provisions That Come Up Most

In practice a handful of Part 23 provisions carry most construction cases:

• Tripping and slipping hazards in passageways. Debris, scattered tools, accumulated material and stored equipment in areas workers must walk through.
• Slipping hazards from foreign substances. Ice, grease, water and other substances allowed to remain on a working surface.
• Protection from falling objects and debris. Requirements for overhead protection where work is performed above.
• Excavation and trenching. Shoring, sloping and bracing requirements where collapse is a risk.
• Power-operated equipment and hand tools. Guarding requirements and prohibitions on defective equipment.
• Lighting. Minimum illumination in work areas, passageways and stairways.

The Industrial Code is administered by the New York State Department of Labor. Federal standards published by OSHA often overlap factually, but an OSHA violation alone does not establish a § 241(6) claim. New York courts require the state Industrial Code provision.

Who Can Be Held Responsible

Section 241(6) imposes a non-delegable duty on property owners and general contractors. That phrase does the heavy lifting. It means an owner cannot escape liability by pointing out that it hired a competent contractor and had no one on site. The duty attaches regardless of whether the owner supervised or controlled the work.

This is what makes the statute so valuable to injured workers. Workers’ compensation bars you from suing your own employer, but it does not bar a claim against the owner, the general contractor, or another subcontractor whose negligence contributed. That third-party claim is where compensation for pain and suffering comes from, and workers’ compensation does not pay it. Our overview of construction accident claims in Queens covers how the two systems run alongside each other.

What to Do After a Job Site Injury

Photograph the condition that caused the injury before it is cleaned up, because on an active site it will be. Report the accident to your supervisor and make sure a written report exists. Get the names of every contractor on site, not just your employer, since the correct defendant is frequently a company you do not work for. Seek medical attention immediately, and keep treating consistently.

Then speak to a lawyer promptly. Section 241(6) cases turn on identifying the precise regulation violated, and that determination is made from evidence that disappears within days of the accident.

Frequently Asked Questions

Can I sue if I am already receiving workers’ compensation?

You cannot sue your own employer, but you can bring a third-party claim against the property owner, the general contractor, or another subcontractor. That claim is separate from your compensation case and can include pain and suffering, which workers’ compensation does not pay.

Does § 241(6) apply if I did not fall?

Yes. That is precisely its purpose. It covers ground-level hazards including tripping over debris, slipping on ice or grease, being struck by falling material, unguarded machinery, inadequate lighting and trench collapse.

What if I was partly at fault for my own accident?

Comparative fault applies to § 241(6), unlike § 240. Your recovery is reduced by your percentage of responsibility rather than eliminated, because New York applies pure comparative negligence.

Does § 241(6) cover every kind of work?

No. It applies to construction, excavation and demolition work. Routine maintenance, cleaning unconnected to construction, and certain repair work fall outside it, though other Labor Law provisions may still apply. Whether a task counts is a fact-specific question and frequently litigated.

Does my immigration status affect my claim?

New York courts have permitted undocumented workers to pursue Labor Law claims. Immigration status does not eliminate the owner’s and contractor’s statutory duty to provide a safe work site.

How long do I have to bring a Labor Law claim?

Generally three years from the date of the accident under CPLR § 214. If a public entity owns the property, a Notice of Claim within 90 days may be required and the limitations period is shorter. Our guide to missing the statute of limitations explains why these dates are unforgiving.

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