US-New YorkCan a property owner be liable for my injury as a construction worker?
Yes, a property owner in New York can be held liable for a construction worker’s injury if they exercised control over the work or violated specific safety statutes like Labor Law §§ 240(1), 241(6), or 200.
What the Law Says
New York Labor Law imposes special protections on construction workers, holding property owners (and general contractors) to heightened duties — sometimes even strict liability — for certain types of workplace injuries.
Labor Law § 240(1), known as the 'Scaffold Law,' imposes strict liability on owners and contractors for gravity-related injuries — like falls from heights or falling objects — when proper safety devices (e.g., scaffolds, hoists, harnesses) are not provided or fail. The law applies regardless of the worker’s negligence or contributory fault.
Labor Law § 241(6) requires compliance with specific safety rules in Part 23 of the New York Industrial Code (e.g., fall protection, debris removal, lighting). Violation of these rules creates automatic negligence — meaning the owner can be held liable if the violation caused the injury.
Labor Law § 200 is broader: it codifies the common-law duty to provide a safe workplace. Liability under § 200 requires proof that the owner had supervision or control over the work and failed to correct a dangerous condition they knew or should have known about.
Statutory TextAll contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, alteration, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
— Labor Law § 240(1) — Safety for employees; scaffold and other devices
Statutory TextAll contractors and owners and their agents shall comply with the provisions of the industrial code.
— Labor Law § 241(6) — Duty of owners, contractors and their agents to comply with industrial code
Statutory TextAll owners, contractors and subcontractors and their agents, in the prosecution of any project… shall provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.
— Labor Law § 200 — General duty of owners and contractors to provide safe place to work
What Courts Have Said
New York courts consistently interpret Labor Law §§ 240 and 241 broadly to protect workers — especially where statutory violations directly contribute to injury.
Confirmed that § 240(1) applies only to elevation-related risks — not all workplace hazards — and requires a causal connection between the safety device failure and the injury.
Held that § 240(1) imposes strict liability regardless of the worker’s experience or comparative fault, reinforcing its protective purpose.
Clarified that § 241(6) liability arises only when a specific Industrial Code rule is violated and that violation is a substantial factor in causing the injury.
What to Do
Seek immediate medical attention and document your injury and the scene (photos, witness names, equipment involved).
Report the incident to your supervisor and file a Workers’ Compensation claim — this does not prevent a separate Labor Law lawsuit against the owner.
Consult a New York construction injury attorney within days — deadlines matter: you generally have 3 years from the injury date to file a Labor Law claim.
Preserve evidence: collect copies of site safety plans, inspection reports, and any Industrial Code citations issued at the job site.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.