If you’re a contractor working in New York, you’ve likely heard about the infamous Labor Law 240 and 241 — statutes that can make contractors liable for certain worker injuries, even if they weren’t negligent. As a result, many general liability policies in New York specifically exclude Labor Law claims unless special coverage is purchased.
But here’s the thing: not every contractor needs Labor Law coverage under their commercial general liability (CGL) policy. There are specific scenarios where you can skip this expensive add-on — and doing so can dramatically reduce your insurance premiums.
Let’s break down why you might not need Labor Law coverage and give you five clear, real-world examples. Then we’ll explain how BGES Group specializes in helping contractors manage these tricky policies so you don’t overpay for protection you don’t need.
Why Labor Law Coverage Is a Big Deal in New York
New York is one of the few states with strict, absolute liability laws for construction injuries involving gravity-related risks (think falls from ladders, scaffolds, falling objects, etc.). Under Labor Law 240 and 241, property owners and contractors can be held fully responsible for a worker’s injuries — regardless of who was actually at fault.
Most insurance carriers in New York exclude Labor Law coverage by default from CGL policies because of the high risk and large payouts these claims involve. Contractors who work at heights, do demo work, or engage in structural alterations usually have to buy pricey endorsements to get this protection.
However — if your business is structured a certain way or if your work scope is limited, you might be able to operate without needing Labor Law coverage. Here’s when.
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Five Scenarios Where Labor Law Coverage Might Not Be Necessary
1️⃣ You Work Exclusively on Owner-Occupied, 1- or 2-Family Residential Properties
Labor Law 240 and 241 apply mainly to commercial projects and multi-family residential properties. If you work solely on single-family homes or two-family homes where the homeowner resides and directly contracts your services, Labor Law typically doesn’t apply.
Example:
John’s Home Renovations does kitchen and bathroom remodels for owner-occupied homes in Queens and Long Island. Because John works only in these private residences and is hired directly by the homeowners, his liability exposure under Labor Law is minimal to none.
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2️⃣ You Don’t Employ Subcontractors or Use Day Laborers
Labor Law liability typically comes into play when a worker is injured on a jobsite. If you’re a sole proprietor or an LLC with no employees or subs, and you do all your own work, your risk for a Labor Law claim is zero.
Example:
Carlos the Handyman runs a one-man operation doing drywall, tiling, and carpentry work. Because Carlos performs all labor himself, with no hired workers, he cannot be sued under Labor Law.
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3️⃣ You Only Perform Interior Work Without Height Exposure
Labor Law 240 focuses heavily on elevated work or falling object hazards. If your work is entirely interior, ground-level, and doesn’t involve scaffolds, ladders, or roof work, your risk is considerably lower.
Example:
E & S Painters LLC handles interior painting, patchwork, and wallpaper installation in offices and retail stores — all done from the ground or small step stools under four feet. Because they never perform elevated work, their Labor Law exposure is essentially nonexistent.
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4️⃣ You Work Under a GC or Property Owner Who Assumes Labor Law Responsibility
Sometimes, contracts will transfer Labor Law liability to another party, like a general contractor (GC) or property owner. If your contract is properly worded and you have an ironclad indemnification agreement, you might avoid needing Labor Law coverage yourself.
Example:
MasonPro Inc. is hired by a large GC to handle brick pointing on a five-story apartment building. The GC’s contract indemnifies MasonPro for all Labor Law claims, and the GC provides blanket coverage for all subcontractors. In this case, MasonPro isn’t directly responsible for securing their own Labor Law coverage.
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5️⃣ You Only Perform Demolition Work on Interiors, with No Exterior Structural Impact
If you’re doing non-structural, interior demo work — think gutting bathrooms or removing non-load-bearing partitions — and if your contract specifies that no scaffolding or elevated work will occur, you might avoid Labor Law exposure.
Example:
Safe Demo Services LLC specializes in removing old kitchens and bathrooms in occupied residences. They never demolish exterior walls, roofs, or anything requiring elevated access. With careful jobsite control and well-written contracts, their Labor Law exposure is negligible.
How BGES Group Can Help When Your Policy Comes Up for Renewal
At BGES Group, we understand how complicated New York construction insurance can be — especially with all the restrictions, exclusions, and high premiums driven by Labor Law liability.
When your policy comes up for renewal, it’s the perfect time to have our experts review your work scope, contracts, and insurance requirements. We’ll tell you straight whether you need Labor Law coverage or not — and if you do, we’ll shop it aggressively to get you the best deal.
If you don’t need it, we’ll help you structure your operation and contracts correctly to avoid exposure and keep your premiums low.
We don’t stop there. We also help contractors with:
• Workers’ Compensation Insurance
• Commercial Auto Insurance
• Tools & Equipment Coverage
• Umbrella & Excess Liability Policies
• Contract Reviews & Compliance Advice
We’re a mom-and-pop service firm, not a big-box agency. That means you get personal, one-on-one attention, fast responses, and real advice from experts who’ve been insuring New York contractors for over 44 years.
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Get in Touch With BGES Group Today
If you’re a contractor in New York, don’t blindly renew your policy without talking to us. We can probably save you a ton on your insurance — and make sure you’re covered where it counts.
📞 Gary Wallach
📱 914-806-5853
Let’s protect your business the smart way — without overpaying for coverage you don’t need.