What General Contractors, Project Owners and Property Owners Need to Know about NY Labor Law
July 28, 2021
What General Contractors, Project Owners and Property Owners Need to Know about NY Labor Law

NY State is one of the toughest states to comply with business laws and regulations. Not only are the tax laws and statutory requirements some of the most stringent in the country, but we also have some of the strictest laws when it comes to worker’s rights and employer’s responsibilities. Often business owners believe that because they do not have employees that they do not have liability from the same types of claims that an employer might face in the case of an injured worker. In NY state you couldn’t be farther from the truth. The sole remedy of an employer is a worker’s compensation employer’s liability policy which statutorily protects the employer from being sued under any other liability. That’s where the property owner, project owner or the GC come in, after the injured worker calls Dewey Cheatum and How, they are advised that there are other “responsible parties” to access and may be seen as deep pockets. There is typically no such coverage afforded to those who do not have employees under a general liability policy unless that policy is endorsed to include these types of claims.


When it comes to people working on projects in which you have control you have a web of litigation land mines that are hard to navigate and hard to purchase risk transfer products without breaking the bank. The origination of these laws that affect owners without direct employees were enacted over 100 years ago and still persist today creating a legal environment heavily in favor of workers and their rights to be compensated adequately for injuries sustained while working for others.


Three Laws Employers Should Know About

The statutes in question are actually three different laws but are commonly referred to by several monikers such as “third party action-over”, the “scaffold law”, “fall from height”, or just plain “labor law.” The law refers to sections 200, 240 and 241 of the NY State labor law.


  • Labor Law § 200 (the Safe Work Environment Statute) requires a reasonably safe work environment for all employees and others legally at the worksite. Employers must properly maintain, guard, and light the worksite, safely operate machinery, equipment, and other devices.
  • Labor Law § 240(1) (the Scaffold, Ladder and Working at a Height Statute) has been interpreted by New York courts to impose a nondelegable duty to provide safety devices to protect against elevation-related hazards on construction sites. Project owners and general contractors are absolutely liable for any violation that results in an injury, regardless of whether the project owner or general contractor (GC) supervised or controlled the work.5 Further, the worker’s own negligence will not bar or reduce the worker’s recovery.
  • Labor Law § 241(6) (the Construction, Excavation and Demolition Work Statute) imposes a nondelegable duty on project owners and GCs to keep workplaces safe from trip and slip hazards and other related hazards. A plaintiff seeking damages pursuant to this statute is not required to show that the project owner or GC exercised supervision or control over his worksite to establish a right of recovery. However, a violation under this statute, unlike a violation of Labor Law § 240(1), is only evidence of negligence on the part of project owner or GC. Absolute liability is not imposed by proof of a violation; therefore, the injured worker’s contributory and comparative negligence are considered viable defenses to a claim under this section

 

Responsible Parties

These laws allow an injured worker to collect workers compensation benefits from their employer as well as litigate against other “responsible parties.” These other “responsible parties” are subject to absolute liability, meaning common law negligence standards don’t apply. This is known as a third-party-over action, a type of action in which an injured employee, after collecting workers compensation benefits from the employer, sues a third party for contributing to the employee’s injury. Typically, the target of such suits are project owners or general contractors for damages such as:


  • Lost Wages;
  • Medical Expenses;
  • Pain and suffering; and
  • Any other damage, as the court may see fit.


These laws apply to employers, general contractors, property owners and their agents. A property owner includes any person with an interest in the property and any person who fulfills the role of owner by contracting to have work performed on the property for his or her benefit. This definition includes anyone who may have leased the property but retains the right to control how the work is to be performed on the property.


New York courts have consistently held that an entity is subject to Section 200’s duty of care if it exercises supervisory control over the work performed on the property. The courts have also clarified that merely monitoring the timing and quality of the work is not sufficient to establish control. 


Good Defense needs Offense


The underlying purpose of these laws which were enacted over 100 years ago, is to ensure that construction workers injured on job sites receive fair compensation for the losses they suffer. Over the years, New York courts have broadened the scope of these statutes and adapted them to modern worksite dangers. At the same time, juries in the five boroughs have consistently awarded large verdicts to injured workers who allege violations of these laws. This confluence of factors has created unique challenges for risk transfer: insurance premiums are higher and beneficial coverage terms are harder to obtain. Even when you’re not doing work downstate you still can be subject to litigation; we have the same laws, just not the same judicial environment, YET.


Recommendations

  • Use vetted contracts
  • Seek the advice of council for contract agreements
  • Know what is in the contract and what each requirement means
  • If you choose to seek liability insurance covering this type of action speak with your trusted insurance advisor early on and allow adequate time for marketing

               



Sign up for our newsletter.

March 5, 2026
Auto insurance is something most people set up once and rarely revisit. As long as the policy is active and premiums are paid, it’s easy to assume everything is working as it should. But over time, vehicles change, driving habits evolve, and insurance needs shift. Many drivers unknowingly make small decisions that can leave them underprotected, overpaying, or surprised when a claim occurs. Here are five common auto insurance mistakes drivers make without realizing it, and how a quick review of your coverage can help prevent them. 1. Carrying Only the State Minimum Coverage Many drivers assume that if they meet their state’s minimum insurance requirements, they’re fully protected. In reality, minimum coverage is typically designed to satisfy legal requirements, not necessarily to protect you financially in a serious accident. For example, New York requires drivers to carry at least: $10,000 for property damage for a single crash $25,000 for bodily injury (and $50,000 for death) for one person in a crash $50,000 for bodily injury (and $100,000 for death) for two or more people in a crash These limits allow a vehicle to be legally registered and operated in New York State, but they may not fully cover the costs associated with a major accident, particularly as medical expenses and vehicle repair costs continue to rise. Because of this, many drivers choose higher liability limits to better protect their assets in the event of a serious claim. 2. Assuming Your Policy Automatically Keeps Up With Life Changes Insurance policies don’t automatically adjust when life changes. Yet many drivers forget to update their coverage when their circumstances shift. For example, adding a teenage driver to the household, purchasing a newer or more expensive vehicle, or even relocating to a different area can all affect the type and amount of coverage you may need. Common life events that should trigger a policy review include: Moving to a new home or state Adding a new driver to the household Buying or leasing a new vehicle Changing how often or how far you drive Using your vehicle for business or gig work If your insurer isn’t aware of these changes, your coverage may not accurately reflect your current situation, which could create complications or delays if a claim ever occurs. 3. Overlooking the Risk of Being Underinsured A surprising number of drivers carry coverage that is technically valid but insufficient for real-world risks. While the policy may meet legal requirements, it may not fully protect against the financial impact of a serious accident. This is especially important when considering uninsured and underinsured motorist coverage . If another driver causes an accident but does not have insurance, or carries only minimal coverage, these protections may help cover injuries or losses that the at-fault driver’s policy cannot. In situations involving medical bills, lost wages, or long-term injury, the costs can quickly exceed basic policy limits. Without adequate protection in place, drivers may find themselves responsible for expenses they assumed would be covered. 4. Choosing Deductibles Without Reassessing Them Deductibles often get set once and then forgotten. Over time, however, a deductible that once made sense might no longer align with your financial situation or your comfort level with risk. For example: A higher deductible may lower your premium but increase out-of-pocket costs after a claim. A lower deductible may offer more predictable costs during a claim but can result in higher monthly premiums. As vehicles age or financial circumstances change, it may make sense to revisit this balance. Some drivers choose to increase deductibles once they have built savings for emergencies, while others prefer lower deductibles to reduce uncertainty in the event of an accident. Periodically reviewing this choice ensures your policy reflects both your budget and your risk tolerance. 5. Not Reviewing Your Policy Regularly Auto insurance is not meant to be a “set it and forget it” decision. Coverage that made sense a few years ago may no longer reflect your vehicle’s value, your driving habits, or today’s repair and liability costs. Vehicle repair costs, parts availability, and accident-related expenses have all changed significantly in recent years. New vehicle technology, advanced safety systems, and rising labor costs have made repairs more expensive than many drivers realize. Taking a few minutes once a year to review your policy can help ensure your coverage keeps pace with these changes and continues to provide the protection you expect. A Quick Coverage Review Can Make a Big Difference Many auto insurance mistakes aren’t about reckless driving or major oversights. More often, they happen simply because policies are rarely revisited. A quick review can help you: confirm liability limits still make sense evaluate deductibles and coverage options account for life or vehicle changes identify potential gaps before a claim occurs Making Sure Your Coverage Still Fits At Simco Insurance & Wealth Management, our licensed agents review coverage across multiple carriers to help individuals and families find solutions that fit their needs and budget. If it has been a while since you reviewed your auto insurance, taking a fresh look may help ensure your policy still provides the protection you expect. Because when it comes to insurance, the most expensive mistakes are often the ones people never realize they’re making.
February 25, 2026
Over the past few years, employers have adopted more technology, more vendors, and more specialized partners than ever before. On paper, it makes sense. One provider handles payroll. Another manages benefits. A broker oversees commercial insurance. A third-party administrator handles retirement plans. Individually, each relationship may work well. Collectively, however, fragmentation can quietly create inefficiencies, risk, and missed opportunities that compound over time. As organizations grow and workforce expectations evolve, more employers are stepping back and asking a bigger question: Is our current structure helping us move faster, or slowing us down? As an isolved Network Partner, we closely follow industry research and employer sentiment. In isolved’s Second-Annual Business Owner Report, 76% of business owners say owning a business has become more complicated in the past year, with increased costs cited as the leading driver of that complexity. That complexity often does not stem from one single issue. It builds gradually, especially when systems, vendors, and processes are not aligned. Here’s where the hidden costs of disconnected workforce management tend to show up. Administrative Work That Multiplies Instead of Scales When HR, payroll, benefits, insurance, and retirement services live in separate systems, the workload rarely stays separate. Teams often find themselves entering the same employee data into multiple platforms, reconciling discrepancies between systems, coordinating updates across vendors, and serving as the “go-between” when issues arise. What starts as manageable complexity can become operational drag as your organization grows. Instead of scaling efficiently, internal teams spend valuable time maintaining systems that do not talk to one another. In 2026, when speed and agility matter more than ever, duplicated effort is a cost many employers can no longer afford. Errors That Ripple Across Departments Disconnected systems increase the risk of misalignment. A simple change, such as a salary update or benefits adjustment, can require coordination across multiple vendors. When systems are not integrated, even small inconsistencies can lead to: Incorrect payroll deductions Delayed or inaccurate retirement contributions Benefits enrollment discrepancies Insurance classification or coverage gaps These issues are rarely intentional. They are structural. And when they occur, they impact compliance, employee trust, and leadership confidence. The more vendors involved, the more potential points of failure. Limited Visibility into Workforce Data Today’s employers are expected to make data-driven decisions. But when workforce data is scattered across multiple platforms, clarity becomes harder to achieve. Leaders may struggle to accurately analyze total labor costs, forecast benefits spending trends, identify compliance vulnerabilities, or understand retention or engagement patterns. Without a unified view, decision-making becomes reactive instead of strategic. Employers often know they need better insight, but the systems in place make it difficult to access a full picture. The Real Cost Isn’t Just Vendor Fees Fragmentation does not just increase subscription costs. It creates hidden internal expenses that are harder to measure. Consider the cumulative impact of: Hours spent managing vendor relationships Time dedicated to troubleshooting integration gaps Implementation and training for multiple platforms Costs associated with compliance corrections Technology upgrades required to “bridge” disconnected systems Over time, these operational inefficiencies compound. Resources that could support growth initiatives, employee development, or strategic planning are redirected toward maintaining infrastructure. The financial impact is rarely immediate. It builds gradually. Employee Experience Suffers Quietly Employees feel the effects of fragmentation, even if they cannot articulate the cause. They may encounter multiple logins for payroll and benefits information, confusion about whom to contact for support, delays when issues require coordination between vendors, and inconsistent messaging across systems. In today’s environment, where employee experience influences retention and recruitment, friction matters. A disconnected backend often creates a disconnected front-end experience. Why More Employers Are Reconsidering Their Structure In 2026, employers are thinking beyond cost comparisons. They are asking how their workforce infrastructure supports scalability, compliance confidence, data clarity, leadership decision-making, and a seamless employee experience. Integration does not mean sacrificing expertise. It means aligning systems and services so they function together rather than independently. When HR, payroll/HCM, benefits, commercial insurance, and retirement services are coordinated through a unified structure, organizations gain: Reduced duplication of effort Stronger compliance alignment Clearer reporting and analytics More responsive support Greater operational efficiency Most importantly, leaders gain time and visibility to focus on strategy instead of system maintenance. A Strategic Moment to Evaluate Your Model March is often a natural checkpoint. The year is underway. Hiring plans are in motion. Benefits utilization data is emerging. Payroll trends are clearer. This is an ideal time to step back and assess whether your vendor structure is supporting your long-term goals or creating unnecessary friction. If your organization is juggling multiple providers for HR, payroll, benefits, commercial insurance, and retirement services, it may be worth exploring whether a more integrated approach could simplify operations and strengthen outcomes. At Simco , we work with employers who are ready to reduce complexity, improve alignment, and build infrastructure that supports growth rather than slows it down. The hidden costs of fragmentation rarely show up all at once, but addressing them intentionally can create measurable impact across your organization.
February 10, 2026
Today, February 10, 2026, marks Safer Internet Day, a global initiative focused on creating a safer, more responsible digital world. The event is coordinated in the United States by ConnectSafely and is recognized in more than 100 countries worldwide. This year’s theme, “Smart tech, safe choices: Exploring the safe and responsible use of AI,” could not be more timely. While much of the conversation centers on children and young people, employers have an equally important role to play. Artificial intelligence is already embedded in the workplace, whether through productivity tools, hiring platforms, data analysis, customer interactions, or everyday decision-making. The question for employers is no longer whether AI is being used, but how responsibly and thoughtfully it is being integrated into work environments. Why Safer Internet Day Matters in the Workplace AI and smart technology do not just affect personal browsing habits. They influence how employees communicate, create content, analyze information, and make decisions. Without clear guidance, organizations can face real risks, including data privacy concerns, compliance issues, reputational damage, and erosion of trust. Safer Internet Day serves as a reminder that responsible technology use is not just an IT issue. It is a people, policy, and culture issue, and employers play a critical role in setting expectations. Smart Tech Requires Clear Choices at Work The theme “smart tech, safe choices” translates directly to the workplace. Employees are navigating tools that can generate content, summarize data, automate tasks, and make recommendations, sometimes without fully understanding limitations, bias, or data exposure risks. For employers, this raises important questions: Are employees clear on when and how AI tools can be used at work? Do existing policies address data security, confidentiality, and accuracy when using AI? Are managers equipped to guide teams responsibly, not just efficiently? Responsible AI use starts with clarity. When expectations are clear, employees are better positioned to make good choices without fear or confusion. Key Areas Employers Should Be Thinking About Safer Internet Day 2026 highlights several focus areas that directly apply to business environments. Generative AI AI tools can boost productivity, but they can also introduce risk if employees unknowingly share sensitive data or rely on outputs without validation. Employers should provide guidance on acceptable use, data boundaries, and accountability. Media Literacy and Critical Thinking AI-generated content can blur the line between fact and fiction. Encouraging critical thinking helps employees evaluate information, verify sources, and avoid spreading misinformation internally or externally. Civility and Workplace Culture Digital tools shape how people communicate. Employers set the tone for respectful, professional online interactions, whether through email, chat platforms, or AI-assisted communication. Wellness, Identity, and Self-Respect Always-on technology and AI-driven performance pressure can contribute to burnout or insecurity. Employers who acknowledge these realities and promote healthy boundaries help support long-term employee well-being. Scams, Fraud, and Social Engineering AI has made scams more sophisticated. Training employees to recognize phishing, deepfakes, and impersonation attempts is now a critical part of risk management. What Employers Can Do, Starting Now You do not need a perfect AI strategy to make progress. Even small, intentional steps can help create a safer, smarter digital workplace. Review existing policies to see where AI and smart technology use should be addressed or clarified. Communicate clear expectations around data protection, confidentiality, and responsible use. Equip managers to have informed conversations with their teams about AI tools. Encourage questions and transparency rather than silent experimentation. Treat responsible technology use as an ongoing conversation, not a one-time rollout. These actions signal to employees that technology is meant to support their work, not create risk or uncertainty. A Shared Responsibility for a Better Internet and a Better Workplace Safer Internet Day’s broader message, “Together for a Better Internet,” applies just as much inside organizations as it does online. Employers, leaders, and employees all share responsibility for how technology is used and how its impact is managed. When organizations approach AI with intention, clarity, and care, they create workplaces that are not only more productive, but also more secure, ethical, and human. At Simco, we work with employers to navigate the evolving intersection of technology, people, policy, and risk. If you are thinking about how AI and smart technology fit into your workplace and how to guide employees responsibly, we are here to help .

Have a question? Get in touch.