General contractors carry broad responsibility under New York's Labor Law. Because § 240 and § 241(6) place non-delegable duties on general contractors, a GC can be liable for elevation hazards and Industrial Code violations even when a subcontractor's crew did the actual work. That structure is what gives injured workers a path to meaningful insurance coverage.
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How New York law applies
- Non-delegable duties. A general contractor generally can't escape § 240/§ 241 liability by pointing to a subcontractor.
- Control matters for § 200. For general-negligence claims, the GC's supervisory authority and notice of the hazard are key.
- Coverage follows responsibility. GCs typically carry substantial liability insurance, which is central to making a seriously injured worker whole.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The general contractor
- The property owner
- Subcontractors who created the hazard
- An equipment manufacturer
- Your employer (through workers' compensation)
Deadlines that matter
A third-party construction case generally must be filed within three years, and a related wrongful-death claim within two years. Public projects can shorten these windows. Just as important, job sites change quickly — equipment and witnesses disappear — so prompt documentation matters.
What to do now
- Report the injury to your employer or supervisor in writing the same day, and start a workers' compensation claim to protect your benefits.
- Get medical care immediately and tell the provider exactly how the injury happened on the job.
- Write down which contractors were on site, what equipment was involved, and any safety device that was missing, broken, or not provided.
- Identify co-workers who saw what happened — job sites change fast and witnesses move on.
- Photograph the location, the equipment, and the conditions if you safely can.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Assuming workers' compensation is your only option — a separate third-party case against a contractor, owner, or equipment maker is often available and can recover far more.
- Letting the job site get cleaned up or repaired before the conditions are documented.
- Giving a recorded statement to the site's insurer or signing forms you don't understand.
- Waiting to act — memories fade, workers leave, and key deadlines can be short.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Whether a non-delegable Labor Law duty applies
- The GC's degree of control and notice
- Injury severity and permanence
- Available insurance
- Strength of documentation
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
Can the general contractor blame the subcontractor?
For § 240 and § 241(6], the GC's duties are generally non-delegable, so pointing to a subcontractor usually doesn't avoid liability.
Why target the general contractor at all?
GCs sit at the center of site safety and typically carry significant insurance, which is often essential to fully compensate a serious injury.
What if I worked for the subcontractor, not the GC?
That's the common situation — and it's exactly why the Labor Law lets you reach the GC and owner as non-employers.
How long do I have?
Generally three years for a third-party case, shorter on public projects.