The Multi-Contractor Problem
At major New York construction projects—Hudson Yards, the Penn Station reconstruction, the new Midtown towers going up in 2025—there can be 30 or 40 different subcontractors on site at any given time. Ironworkers, electricians, concrete finishers, riggers, elevator installers. The general contractor oversees all of them.
When a worker gets hurt on a site like this, the first question from insurance adjusters is almost always: "Which subcontractor was responsible for that area?" The implication is that only the worker's direct employer—or the subcontractor who controlled that specific task—is liable.
New York law says otherwise.
The GC's Non-Delegable Duty
Labor Law 240 imposes a non-delegable duty on the general contractor. This means the GC cannot escape liability by pointing to a subcontractor. The obligation to provide proper safety devices for work done at elevation belongs to the GC regardless of how many layers of subcontracting exist below them.
This is why workers hurt on large multi-contractor projects often have stronger claims than they realize. Even if a scaffolding subcontractor erected the platform you fell from, the GC is liable. Even if a crane subcontractor operated the crane that dropped a load on you, the property owner and GC are still defendants.
What "Supervision and Control" Means
For Labor Law 241(6) claims—which cover a broader range of construction accidents beyond pure gravity injuries—the law requires showing the defendant had "supervision and control" over the work. On large projects, courts have held that this doesn't require the GC to be standing next to you when you're hurt.
It's enough that the GC:
All of these are standard practice on projects like Hudson Yards. The GC's infrastructure for oversight is itself evidence of control.
Falling Objects and Multiple Floors of Activity
One of the most dangerous aspects of large multi-contractor sites is vertical work—multiple trades working at different heights simultaneously. When a worker on floor 15 drops a tool that injures a worker on floor 12, Labor Law 240 applies. The protection covers workers struck by falling objects, not just workers who fall themselves.
The relevant standard: OSHA 29 CFR 1926.502(j) requires controlled access zones and overhead protection netting when workers are below active overhead work. Violations of this standard support a Labor Law 241(6) claim in addition to the Labor Law 240 strict liability claim.
How Damages Are Split When Multiple Parties Are Liable
New York follows an "apportionment" rule for comparative fault between defendants—but not between the injured worker and the defendants in a Labor Law 240 case. The worker's own fault is generally irrelevant. Among defendants, the GC and property owner may try to bring in the negligent subcontractor as a third-party defendant, but this doesn't reduce what you recover. It just determines how the defendants split the bill among themselves.
Practical Steps After a Multi-Contractor Site Injury
**Get the full name of the general contractor immediately.** Not the subcontractor you work for—the GC. Look for signage on the site, request it from HR, or check public building permits (available on NYC Buildings Department website).
**Identify who controlled the area where you were hurt.** Was it fenced off? Who placed materials there? Who issued work orders for that floor?
**Preserve photos of site conditions**, especially any barriers, overhead netting, or lack thereof.
**Don't assume your employer is the only party.** On a site with 30 subcontractors, the GC has deep pockets and insurance specifically designed for large-scale construction liability. Your workers' comp claim against your employer is separate from—and much smaller than—a Labor Law claim against the GC and owner.
If you were injured at Hudson Yards, a Penn Station construction site, or any other large NYC multi-contractor project, a free case review can identify every party with potential liability and give you a realistic picture of what your case may be worth.
