Labor Law § 241(6) requires owners and contractors to comply with the specific safety rules in New York's Industrial Code (12 NYCRR Part 23). Unlike § 240's strict liability, a § 241(6) claim depends on identifying a concrete code rule that was violated — and comparative fault can apply — but it reaches a much broader range of construction hazards than elevation alone.
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How New York law applies
- Requires a specific code violation. The claim must rest on a concrete, applicable Industrial Code rule, not a general safety complaint.
- Broad coverage. It reaches many hazards — debris, slipping, machinery, excavation, and more — beyond elevation.
- Comparative fault applies. Unlike § 240, a worker's own negligence can reduce a § 241(6) recovery, but not necessarily eliminate it.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- Contractors who controlled the relevant work
- 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 specific, applicable code rule was violated
- Injury severity and permanence
- The degree of any comparative fault
- Lost earnings and future care
- Available insurance
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
How is § 241(6) different from § 240?
§ 240 imposes strict liability for elevation hazards. § 241(6) requires proving a specific Industrial Code violation and allows comparative fault, but covers a far wider range of construction hazards.
What's the Industrial Code?
It's New York's detailed set of construction-safety regulations (12 NYCRR Part 23). A viable § 241(6) claim points to a specific, applicable rule that was broken.
Can my own fault hurt my claim?
It can reduce a § 241(6) recovery under New York's comparative-fault rule, but partial fault doesn't automatically end the claim.
Do I need both § 240 and § 241(6)?
Many construction cases plead both where the facts support it, so the claim isn't limited to a single theory.