New York's Labor Law places duties directly on property owners, not just contractors. For § 240 and § 241(6) claims, owners can be held responsible for elevation-related injuries and Industrial Code violations even when they didn't supervise the job. A narrow exception exists for certain owners of one- and two-family homes who don't direct the work.
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How New York law applies
- Owners owe non-delegable duties. § 240 and § 241(6) reach owners regardless of day-to-day supervision.
- Limited homeowner exception. Owners of one- and two-family dwellings who don't direct or control the work may be exempt from § 240/§ 241.
- § 200 turns on notice and control. For general-negligence claims, the owner's knowledge of and authority over the hazard matter.
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 created the hazard
- A managing agent with control
- 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 duty applies
- Whether a homeowner exception is in play
- Injury severity and permanence
- Available insurance
- Strength of the evidence
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
Can an owner be liable if they didn't run the job?
Yes — for § 240 and § 241(6], owners owe non-delegable duties and can be liable even without supervising the work.
Is there an exception for homeowners?
Owners of one- and two-family homes who don't direct or control the work may be exempt from § 240/§ 241, though other claims can still apply.
What about commercial building owners?
They generally face the full force of the Labor Law's owner duties.
How long do I have to file?
Generally three years, shorter if a public entity owns the property.