Labor Law 241(6) for New York Contractors: The Statute Behind the Slips, Trips and Equipment Claims
Labor Law 240 gets the headlines because of falls. Section 241(6) is the one that catches everything else: the icy plank, the debris in the passageway, the missing guard on a saw. Here is how it works, how it differs from 240, and what your general liability policy has to do when a 241(6) claim lands.
Labor Law §241(6) requires owners and contractors to keep construction, excavation and demolition sites reasonably safe and to comply with the specific rules of the New York Industrial Code (12 NYCRR Part 23). The duty is nondelegable: the owner and GC are liable for a breach even if a subcontractor caused it and they never supervised the work. But it is not absolute liability like §240(1). The worker must point to a specific, concrete Industrial Code rule that was violated and caused the injury, and his own comparative negligence can reduce what he recovers. For contractors, 241(6) claims travel the same action-over path as 240 claims, so the same exclusions can leave you uncovered.
This guide is part of our New York Labor Law series. For the fall-from-height statute, read Labor Law 240 explained. For the coverage you need against both, see our NY Labor Law insurance page.
What Labor Law 241(6) actually says
Section 241 requires every owner and contractor (and their agents) to make sure that areas where construction, excavation or demolition work is performed are built, shored, equipped, guarded, arranged, operated and conducted so as to provide reasonable and adequate protection and safety to the people working there. Subdivision 6 lets the Commissioner of Labor write the specific rules. Those rules are the Industrial Code, 12 NYCRR Part 23.
There is one carve-out that matters for residential work: owners of one- and two-family dwellings who contract for the work but do not direct or control it are exempt. The contractors on that job are not.
Is Labor Law 241(6) strict liability?
Not in the way §240(1) is. The New York Court of Appeals has drawn the lines in two decisions every contractor's lawyer knows:
- A specific rule is required. In Ross v Curtis-Palmer Hydro-Electric Co. (1993), the Court held that the worker must cite a specific, concrete Industrial Code provision. General safety language ("keep the site safe") is not enough.
- Nondelegable, but comparative negligence applies. In Rizzuto v L.A. Wenger Contracting Co. (1998), the Court confirmed that owners and GCs are vicariously liable for a violation even without their own fault or control, but that the worker's comparative negligence is a defense that reduces his recovery.
In plain terms: under 240, a fall from an unsecured ladder usually ends the liability debate. Under 241(6), the case turns on whether a specific Industrial Code rule was broken, whether that breach caused the injury, and how much of the fault belongs to the worker. Those are fights a defense lawyer can win, which is why 241(6) claims settle differently.
240 vs 241(6) vs 200: the three statutes side by side
| Labor Law 240(1) | Labor Law 241(6) | Labor Law 200 | |
|---|---|---|---|
| What it covers | Elevation-related (gravity) risks: falls from height, falling objects | Violations of specific Industrial Code rules on construction, excavation and demolition sites | General duty to provide a safe workplace (codifies common-law negligence) |
| Who is liable | Owners and contractors, regardless of fault | Owners and contractors, vicariously, for any party's breach | Parties who controlled the work or created or knew of the dangerous condition |
| Worker's own fault | Generally no defense (unless he was the sole proximate cause) | Comparative negligence reduces recovery | Comparative negligence reduces recovery |
| What the worker must show | Lack of proper protection against a gravity risk caused the injury | A specific, concrete Industrial Code provision was violated and caused the injury | Control or notice, plus negligence |
In practice, an injured worker's complaint usually pleads all three. That is why you will see 240, 241(6) and 200 together in almost every New York construction lawsuit.
The Industrial Code rules that show up most
A few sections of 12 NYCRR Part 23 appear in claim after claim. If you run crews in New York, these are worth knowing by number:
| Section | What it covers | Typical claim |
|---|---|---|
| 23-1.7(d) | Slipping hazards: ice, snow, water, grease on floors, platforms and walkways | Worker slips on an icy plank or wet deck |
| 23-1.7(e) | Tripping hazards: dirt, debris, scattered tools and materials in passageways and working areas | Worker trips over debris left in a corridor |
| 23-1.7(b) | Falling hazards: hazardous openings must be covered or guarded | Worker steps into an uncovered floor opening |
| 23-1.21 | Ladders and ladderways: condition, footing, securing | Ladder slips or breaks (often pled with 240) |
| 23-1.8(a) | Eye protection where there is a risk of eye injury | Debris strikes a worker's eye while cutting |
| 23-9 | Power-operated heavy equipment and machinery | Worker struck or caught by equipment |
Not every Industrial Code section is specific enough to support a 241(6) claim; courts decide that section by section. The point for an insurance buyer is simpler: 241(6) extends your Labor Law exposure from falls to slips, trips, eye injuries and equipment accidents, which happen far more often.
What 241(6) does not cover
- Routine maintenance that is not part of a construction, excavation or demolition project. The Court of Appeals has held that 241(6) protects workers in the construction context, not ordinary maintenance work.
- Owners of one- and two-family homes who do not direct or control the work.
- Claims based only on general safety language, or on OSHA rules rather than the Industrial Code.
Why 241(6) matters for your insurance
The claim path is the same as under 240. The injured worker cannot sue his own employer (workers' comp is his exclusive remedy), so he sues the owner and GC under 240, 241(6) and 200. They tender to the subcontractor under the indemnity clause in the subcontract. That tender is the action over, and it lands on the sub's general liability policy.
The same exclusions apply. A policy with an action-over exclusion, an exclusion for injury to employees of contractors, or a Labor Law exclusion can refuse a 241(6) claim just as easily as a 240 claim. Some exclusions name only §240; read the wording to see whether §241 claims are caught too. We explain how to find these in the action-over exclusion guide.
Three things to confirm on your general liability policy before the next job:
- No Labor Law exclusion that reaches §240 or §241 claims, and no action-over or contractors' employees exclusion
- Contractual liability intact: the definition of insured contract has not been trimmed (watch for CG 21 39), so your indemnity obligations are covered. How those clauses work under New York law is in our guide to indemnity and hold harmless agreements.
- Additional-insured endorsements your GC requires, without a Labor Law carve-out
On the employer's side, how far an injured worker's claim can reach you directly depends on Workers' Compensation Law §11. See grave injury and WCL §11. And if your carrier is slow to answer a tender, Insurance Law §3420 sets the rules on notice and disclaimers.
What reduces 241(6) claims, and your premium
- Housekeeping logs for debris and ice: 23-1.7(d) and (e) claims are the most preventable
- Opening covers and guardrails documented in daily reports
- Eye protection and equipment training records by crew
- Subcontractor controls: collected certificates and endorsements, signed indemnity agreements, verified limits
Underwriters in the New York construction market ask for exactly these. A submission that shows them gets better terms. For realistic pricing ranges, see what contractor insurance costs in New York.
Fastest way to a quote: email your current policy (dec page and all endorsements), payroll by class code and 5 years of loss runs to adolfo@nextguardinsurance.com. One complete submission moves faster than ten phone calls.
Does your policy respond to 240 and 241(6) claims?
Send your full GL policy with every endorsement. We read the Labor Law, action-over and contractual liability wording and tell you in writing where you stand, free. Quote in 48 hours once we have a complete submission.
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Frequently Asked Questions
What is New York Labor Law 241(6)?
It is the section of the Labor Law that requires owners and contractors to provide reasonable and adequate protection and safety on construction, excavation and demolition sites, and to comply with the specific rules of the New York Industrial Code (12 NYCRR Part 23). An injured worker can sue the owner and general contractor for a violation of a specific Industrial Code rule that caused his injury.
Is Labor Law 241(6) strict liability?
Not in the same way as Labor Law 240(1). The duty is nondelegable, so owners and general contractors are vicariously liable for a violation even if a subcontractor caused it. But the worker must prove a specific, concrete Industrial Code violation that caused the injury, and his own comparative negligence reduces what he recovers. Under 240(1), the worker's own negligence is generally no defense.
What is the difference between Labor Law 240 and 241(6)?
Labor Law 240(1) covers elevation-related risks such as falls from height and falling objects, and imposes absolute liability on owners and contractors. Labor Law 241(6) covers violations of specific Industrial Code rules, such as slipping and tripping hazards, uncovered openings, eye protection and equipment, and allows a comparative negligence defense. Most construction injury lawsuits in New York plead both, together with Labor Law 200.
Which Industrial Code violations are most common in 241(6) claims?
Sections that come up often include 23-1.7(d) on slipping hazards such as ice and water, 23-1.7(e) on tripping hazards such as debris, 23-1.7(b) on hazardous openings, 23-1.21 on ladders, 23-1.8(a) on eye protection and Part 23-9 on power-operated equipment. Courts decide section by section whether a rule is specific enough to support a claim.
Does Labor Law 241(6) apply to homeowners?
Owners of one- and two-family dwellings who contract for the work but do not direct or control it are exempt. The contractors working on that home are not exempt.
Does my general liability policy cover Labor Law 241(6) claims?
Only if it has no exclusion that removes them. Labor Law exclusions, action-over exclusions and exclusions for injury to employees of contractors can all apply to 241(6) claims, and some policies trim contractual liability with endorsement CG 21 39. The certificate will not show any of this; the policy forms will. Send us your full policy and we will tell you whether you are covered.
Does Labor Law 241(6) cover routine maintenance?
Generally no. Courts have held that 241(6) protects workers in the context of construction, excavation or demolition, not routine maintenance outside a construction project. Whether a given job counts as construction depends on the facts.
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