New York Labor Law §241(6) Explained

Not every construction injury involves a fall from a height, and that’s exactly the gap Labor Law §241(6) fills. Where §240 covers gravity-related accidents, §241(6) reaches the broader universe of hazards on a job site — as long as the injury ties to a specific safety rule that was broken.

This is the statute for tripping hazards, unguarded machinery, debris, poor lighting, trench and excavation failures, electrical dangers, and dozens of other conditions the state has written concrete rules about.

The key: a specific Industrial Code violation

§241(6) doesn’t punish general sloppiness. To use it, we identify a provision of the New York Industrial Code that (1) is specific and concrete, not a general safety exhortation, (2) applies to the facts of your accident, and (3) was violated in a way that caused your injury. Courts distinguish specific rules — which support liability — from vague ones that merely restate common-law duties and don’t.

• Slipping and tripping hazards from debris, ice, or accumulated materials.
• Unguarded or improperly maintained machinery and power tools.
• Trench, excavation, and shoring failures.
• Inadequate lighting in work areas and passageways.
• Electrical, hoisting, and material-handling rule violations.

How §241(6) differs from §240

Two differences matter. First, §241(6) is not limited to gravity-related risks, so it covers accidents §240 can’t. Second, it does not carry absolute liability — the defense can argue comparative negligence. Under New York’s pure comparative negligence rule, which still governs construction claims, your own fault reduces the recovery proportionally but never bars it. Even so, an Industrial Code violation is powerful evidence that shifts the case in your favor.

Like §240, the §241(6) duty falls on owners and general contractors and is non-delegable. They’re responsible even if a subcontractor created the violation.

Why we plead §240, §241(6), and §200 together

A well-built construction case rarely rests on one statute. We plead §240 for the gravity theory, §241(6) for the specific-rule theory, and §200 for the general safe-workplace duty against parties that controlled the work. If one theory doesn’t fit the proof at trial, the others carry the case.

Comp, the lawsuit, and your status

Workers’ compensation covers medical bills and partial wages regardless of fault but not pain and suffering. The third-party §241(6) lawsuit against the owner and GC recovers full damages; both proceed together and the comp lien is resolved at the end. Undocumented workers can recover in New York regardless of immigration status.

Read our construction accident pillar, the Labor Law §240 explainer, and our falling object page. To discuss your case, contact us.