Construction Accident Lawyer Brooklyn, NY: Labor Law 240, 241, and 200

Reviewed by Alexander Karasik, Esq., Personal Injury Attorney | 18+ Years Experience | Super Lawyers 2021-2024 | Last Updated: May 2026

If you were injured on a Brooklyn construction site, New York’s Scaffold Law (Labor Law 240) and Industrial Code (Labor Law 241) give you stronger legal protections than any other state in the United States. Property owners and general contractors face strict liability for gravity-related injuries, meaning you do not have to prove negligence to recover. Brooklyn juries consistently produce some of the highest construction accident verdicts in NY. Settlements range from $250,000 for soft-tissue cases to $5 million or more for severe injuries, with catastrophic cases exceeding $20 million.

Labor Law 240 (Scaffold Law): Strict Liability for Gravity-Related Injuries

NY Labor Law Section 240, known as the “Scaffold Law,” holds property owners and general contractors strictly liable when a worker is injured by a fall from a height or by a falling object. “Strict liability” means the worker does not need to prove the owner or contractor was negligent. As long as the law was violated and the violation contributed to the injury, the owner and contractor are liable.

What Labor Law 240 Covers

• Falls from scaffolds, ladders, elevated platforms, or roofs
• Falls into unprotected openings or excavations
• Workers struck by falling objects (tools, materials, debris)
• Collapses of hoists, cranes, and lifting devices
• Inadequate or defective safety equipment (harnesses, lifelines, scaffolds)

What Labor Law 240 Does NOT Cover

• Same-level slip and fall (covered under Labor Law 200 or premises liability)
• Injuries to non-construction workers (covered by general negligence)
• Routine maintenance not part of construction, demolition, or repair
• Independent contractors who own the property

Labor Law 241(6): Industrial Code Violations

Labor Law Section 241(6) imposes liability when a construction injury results from violation of a specific NY Industrial Code regulation. Common 241(6) violations include:

• Inadequate safety devices (12 NYCRR 23-1.7)
• Slipping hazards (12 NYCRR 23-1.7(d))
• Tripping hazards (12 NYCRR 23-1.7(e))
• Falling object protection (12 NYCRR 23-1.7(a))
• Ladder safety violations (12 NYCRR 23-1.21)
• Scaffold safety violations (12 NYCRR 23-5)

Unlike 240, Labor Law 241(6) is NOT strict liability. The worker must prove the specific Industrial Code regulation was violated and the violation caused the injury. Comparative fault may reduce recovery.

Labor Law 200: General Workplace Safety

Labor Law Section 200 codifies the common-law duty of property owners and general contractors to provide a safe workplace. Liability under 200 requires:

• The owner or contractor exercised supervision and control over the work
• The owner or contractor had actual or constructive notice of the dangerous condition
• The dangerous condition or unsafe means/methods caused the injury

Labor Law Comparison: 240 vs 241(6) vs 200

Common Brooklyn Construction Accident Scenarios

• Falls from height: Scaffold collapse, ladder slip, roof fall, elevated platform failure
• Falling object strikes: Tools, debris, materials dropped from upper floors
• Crane and hoist accidents: Failed rigging, dropped loads, collapse
• Trench and excavation cave-ins: Shoring failures, sidewall collapse
• Electrical injuries: Contact with live wires, arc flash
• Power tool injuries: Saw, nail gun, grinder accidents
• Vehicle and equipment strikes: Backed over by trucks, struck by forklifts
• Trip and fall hazards: Debris, uneven surfaces, exposed rebar
• Toxic exposure: Asbestos, silica dust, chemical inhalation
• Welding and burn injuries

NY Construction Accident Settlement Ranges

Brooklyn Construction Accident Coverage by Neighborhood

Karasik Law Group represents construction workers injured throughout Brooklyn. Active project areas include:

• Bay Ridge and Bensonhurst: Mid-rise residential and commercial projects
• Williamsburg and Greenpoint: High-rise developments and waterfront projects
• Crown Heights and Bedford-Stuyvesant: New construction and rehabilitation
• Bushwick: Industrial-to-residential conversions
• Park Slope and Carroll Gardens: Brownstone restorations and additions
• Sheepshead Bay and Brighton Beach: Waterfront and condo developments
• Sunset Park and Red Hook: Industrial and warehouse projects
• Downtown Brooklyn: Major commercial and residential towers

Borough-level construction injury claims often involve subcontractors from across NYC, multiple defendants (property owner, general contractor, sub, equipment supplier), and complex Labor Law analysis to establish strict liability under 240 or Industrial Code violations under 241(6).

Workers’ Compensation vs. Personal Injury Lawsuit

Most injured construction workers are entitled to BOTH:

1. Workers’ Compensation from your direct employer, regardless of fault. Covers medical bills and a portion of lost wages but does NOT compensate for pain and suffering.
2. Third-party Personal Injury Lawsuit against the property owner, general contractor, or other non-employer responsible party. Recovers full damages including pain and suffering, full lost wages, and future earning capacity.

You cannot sue your direct employer for ordinary negligence (workers’ comp is the exclusive remedy), but Labor Law 240, 241, and 200 claims against the owner and general contractor (who are typically NOT your direct employer on a NY construction site) are fully available.

Time Limits to Sue After a NY Construction Accident

Construction injury claims under Labor Law 240, 241, and 200 must be filed within 3 years of the accident under CPLR Section 214. Wrongful death claims have a 2-year SOL from date of death.

If a government entity is involved (NYC construction project, MTA worksite, public housing, etc.), Notice of Claim deadlines are much shorter (90 days). Workers’ compensation has separate, faster deadlines (notice within 30 days, claim within 2 years).

What to Do After a Brooklyn Construction Accident

1. Get medical attention immediately. Document every injury, even those that seem minor.
2. Report the accident to your supervisor, foreman, or site safety officer. Get the report in writing.
3. Photograph the scene: the equipment that failed, the height you fell from, missing safety devices, debris.
4. Get witness contact information. Co-workers may be reluctant to speak later if they fear retaliation.
5. Preserve evidence: the harness, helmet, tools, equipment, and clothing you were wearing.
6. File a workers’ compensation claim within 30 days.
7. Do not give a recorded statement to the workers’ comp insurer or any third-party insurer without legal counsel.
8. Avoid social media posts about the accident or your activities during recovery.
9. Contact a Brooklyn construction accident attorney for a free evaluation of your Labor Law 240, 241, and 200 claims.

Why Choose Karasik Law Group for Your Brooklyn Construction Accident Case

At Karasik Law Group, our Brooklyn construction accident attorneys have approximately 19 years of experience handling NY Labor Law claims. Led by Alexander Karasik, Esq., we work with safety experts, accident reconstructionists, and life-care planners to build comprehensive damages cases. We serve construction workers throughout all five boroughs and New Jersey.

Free Case Evaluation

We offer free consultations to evaluate your construction accident, identify all responsible parties, and recommend a recovery strategy combining workers’ compensation and Labor Law claims. We work on contingency for personal injury cases. Read more about NY personal injury lawyer fees.

Frequently Asked Questions

What is NY Labor Law 240?

NY Labor Law 240, also called the Scaffold Law, holds property owners and general contractors strictly liable when a construction worker is injured by a fall from a height or by a falling object. “Strict liability” means the worker does not need to prove negligence. NY is the only state in the United States with this strict-liability scaffold law.

How much is a Brooklyn construction accident case worth?

NY construction accident settlements typically range from $100,000 for soft tissue injuries to $20 million or more for paralysis and traumatic brain injuries. Severe spinal injuries with surgery often settle for $1 million to $5 million. Wrongful death cases range from $1 million to $15 million depending on dependents and decedent age.

Can I sue my employer for a construction accident in NY?

Generally no. Workers’ compensation is the exclusive remedy against your direct employer. However, you can almost always sue the property owner, general contractor, and other non-employer parties under Labor Law 240, 241, and 200. Construction sites typically involve multiple parties, so a non-employer defendant is usually available.

Does workers’ comp cover my full lost wages?

No. NY workers’ compensation pays approximately two-thirds of your average weekly wage, up to a state-set maximum (currently around $1,200 per week). Comp does not cover pain and suffering. A third-party lawsuit against the property owner or general contractor recovers the difference plus pain and suffering.

What if I was partly at fault for my construction accident?

For Labor Law 240 cases (gravity-related injuries), worker fault is NOT a defense, and your recovery is not reduced by your percentage of fault. For Labor Law 241(6) and 200 cases, NY pure comparative negligence applies, your recovery is reduced by your percentage of fault but you can still recover even if primarily at fault.

How long do I have to file a Brooklyn construction accident lawsuit?

3 years from the date of the accident under CPLR Section 214 for personal injury, including Labor Law 240, 241, and 200 claims. Wrongful death is 2 years from date of death. Workers’ compensation requires notice within 30 days and claim filing within 2 years. Government project claims require Notice of Claim within 90 days.

What is the difference between Labor Law 240 and 241?

Labor Law 240 (the Scaffold Law) imposes strict liability for gravity-related injuries (falls and falling objects). Labor Law 241(6) imposes liability when a NY Industrial Code regulation is violated; it is not strict liability and comparative fault may apply. Most serious construction cases bring claims under both statutes plus Labor Law 200.

Who is liable in a Brooklyn construction accident?

Property owners and general contractors are the primary defendants under Labor Law 240 and 241. Subcontractors, equipment manufacturers, design professionals, and material suppliers may also be liable depending on the cause of the accident. A thorough investigation typically identifies multiple potentially liable parties.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney in your jurisdiction for case-specific guidance.