Labor Law § 200 imposes a duty on owners and general contractors to protect the health and safety “of all persons employed therein or lawfully frequenting such places.” For an injured construction worker to recover monetary damages under section 200, they must have suffered an injury connected with the workplace, and they must show that the owner or contractor exercised supervision and control over the work performed at the site or knew—or should have known—about an unsafe condition that caused the construction accident.

Labor Law § 240, also known as the Scaffolding Law, is designed to protect workers from falls and/or injuries from falling objects. It requires owners, contractors, and their agents to put in place adequate safety devices when workers must perform job duties at elevation. Importantly, a construction worker’s recovery is not reduced by his/her negligent conduct. Workers have successfully brought construction accident lawsuits under section 240 for falls from heights as low as 12 inches.

Labor Law § 241, or the “Safe Place to Work Law,” contains specific guidelines about how construction sites should be arranged and operated to prevent injuries to workers at ground level from hazards such as slip, trip, and fall accidents, chemicals, and air contamination. Unlike the Scaffolding Law, section 241 does not impose absolute liability on construction companies, property owners, and contractors who are responsible for providing a safe work environment. There must be a determination about whether the safety measures employed at the site were “reasonable and adequate” under the circumstances.