New York Labor Law

Overview

Kelley Kronenberg defends property owners, general contractors, construction managers, subcontractors, and design professionals in Labor Law litigation throughout New York State. We handle high-exposure construction accident cases from inception through trial and appeal. 

Core Practice Areas 

Labor Law § 240(1) – The Scaffold Law 

We defend strict liability claims for injuries allegedly arising out of gravity-related hazards, including, but not limited to, falls from ladders, scaffolds, and other elevated platforms, as well as injuries allegedly arising from falling objects and other changes in elevation. 

Labor Law § 241(6) – Construction Safety Regulations 

Our team handles non-delegable duty claims based on purported violations of the Industrial Code, including, but not limited to, trench safety, electrical hazards, demolition work, and site-specific protections. 

Labor Law § 200 – General Workplace Safety 

We litigate statutory and common law negligence claims involving alleged unsafe premises conditions and inadequate supervision of the means and methods of the relevant work. 

Our experience includes catastrophic injuries: death, traumatic brain injuries, spinal cord damage, amputations, severe burns, electrocutions, and “grave injury” claims under Workers’ Compensation Law § 11. 

Risk Transfer & Indemnification 

While our plan of action is case-specific, our defense of Labor Law claims always requires us to assess potential opportunities for risk transfer as well as the situations in which another party may seek a defense and indemnity from our client.  To this end, we routinely analyze: 

• Anti-subrogation rules under the Workers’ Compensation Act  

• Common law indemnity and contribution claims  

• Contractual indemnification provisions and additional insured obligations, recognizing the impact of the scope of the “arising out of” language in the agreement 

• Insurance coverage disputes and declaratory judgment actions 

• Tender procedures and pass-through defense requirements  

We tender defense and indemnity promptly, pursue third-party actions, and position clients to minimize exposure through early risk transfer at every stage of litigation. 

New York’s Avoid Act 

Effective April 20, 2026, New York’s AVOID Act requires defendants to file third-party complaints within 60 days of serving their answer; a dramatic departure from prior practice. In Labor Law cases, this compressed timeline creates immediate challenges because the liable tortfeasors are not fully identified when the statutory defendants are sued. In addition, New York Labor Law is one of the primary areas seeing extreme amounts of fraud with many cases involving previously unreported, alleged accidents. As such, there is a lot of information gathering that needs to be done very quickly when there are first-notice lawsuits.  

We have tailored our approach in light of these pressing time constraints. Our statewide and growing team maintains reduced case counts per attorney to provide the focused attention these accelerated timelines require, including the time to collaborate with clients and insurers on various strategic decisions. We begin field investigations and discovery immediately upon assignment, often before complaints are filed. We identify potential third-party defendants and aggressively pursue risk transfer options.  

Coordinated Multi-Jurisdictional Defense 

Construction accidents in New York generate parallel proceedings in civil court and before the Workers’ Compensation Board. Our dedicated Workers’ Compensation Division coordinates with our Labor Law Team and OSHA Division to ensure consistent defense strategies across these forums, preventing conflicting outcomes that could increase liability or exposure. 

Trial Experience 

Our attorneys have defended Labor Law cases through verdict and appeal, including matters before the Appellate Division. We prepare every case for trial, develop the factual record, retain the appropriate experts, and challenge both liability and damages. 

Risk Management Counseling 

We provide practical guidance to help clients prevent claims before they arise: 

• Additional insured endorsements and insurance procurement  

• Claim investigation and early reporting procedures  

• Contract drafting and indemnification language  

• OCIP/CCIP wrap-up programs  

• Pre-project risk assessments  

• Safety protocols and OSHA compliance  

Our attorneys have represented clients in New York Labor Law matters for decades and understand the unique challenges these cases present.