If you were injured in a fall from a scaffold, ladder, roof, or elevated surface, New York’s Scaffold Law may entitle you to compensation beyond workers’ compensation.
Key Takeaways:
- New York’s Scaffold Law (Labor Law §240) protects construction workers injured in gravity-related accidents, including falls from heights and injuries caused by falling objects.
- Property owners and general contractors are often strictly liable, even if the worker was partially at fault.
- Injured workers may be entitled to compensation beyond workers’ compensation, including pain and suffering.
- These cases are complex and aggressively defended — speaking with an experienced construction accident lawyer early can protect your rights.
Construction work is one of the most dangerous professions in New York. Falls from scaffolds, ladders, roofs, and elevated platforms frequently result in catastrophic injuries or death. To protect workers exposed to these risks, New York enacted the Scaffold Law, also known as Labor Law 240.
If you were injured in a scaffold or fall-from-height accident anywhere in New York — including the Bronx, Queens, Manhattan, Brooklyn (Kings County), Staten Island (Richmond County), Westchester, Nassau, Suffolk, Putnam, or Dutchess counties — you may have strong legal protections. Understanding how Labor Law 240 works is critical to protecting your right to compensation.
What Is New York’s Scaffold Law (Labor Law 240)?
New York Labor Law §240, commonly called the Scaffold Law, requires property owners and general contractors to provide proper safety equipment to protect workers from elevation-related hazards. This includes scaffolds, ladders, hoists, harnesses, guardrails, and other devices designed to prevent falls and falling-object injuries.
When a worker is injured because proper safety measures were not provided — or were inadequate — the responsible parties may be held strictly liable, regardless of whether they exercised reasonable care.
Who Is Protected Under Labor Law 240?
Labor Law 240 applies to workers performing tasks such as:
- Construction and demolition
- Repair, renovation, or alteration work
- Painting, cleaning, and maintenance
- Roofing and exterior building work
Protected workers commonly include laborers, roofers, ironworkers, electricians, painters, masons, and other trades — regardless of immigration status.
What Types of Accidents Does the Scaffold Law Cover?
Labor Law 240 applies to gravity-related accidents, including:
- Falls from scaffolds, ladders, roofs, or platforms
- Falls through unprotected openings
- Injuries caused by falling tools, debris, or materials
- Collapsing scaffolds or safety devices
If your injury involved a height difference and inadequate safety protection, the Scaffold Law may apply.
Why the NY Scaffold Law Is So Powerful
Unlike most personal injury laws, Labor Law 240 imposes strict liability. This means:
- You do not have to prove negligence
- Property owners and contractors cannot avoid responsibility by blaming workers
- Comparative fault usually does not apply
As long as a violation of the law contributed to the injury, liability is often established.
Who Can Be Held Liable Under Labor Law 240?
Potentially responsible parties include:
- Property owners
- General contractors
- Construction managers
Employers are typically shielded by workers’ compensation laws, but third parties may be sued directly under Labor Law 240.
What Compensation Can Injured Workers Recover?
A successful Scaffold Law claim may allow injured workers to recover compensation for:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Loss of enjoyment of life
These damages are not available through workers’ compensation alone, which is why Labor Law claims are so important.
What Is the Time Limit to File a Scaffold Law Claim in New York?
In most cases, injured workers have three years from the date of the accident to file a Labor Law 240 claim. However, acting quickly is critical. Evidence can disappear, job sites change, and witnesses become harder to locate over time.
What Should You Do After a Construction or Scaffold Accident?
If you suffered a construction injury, protect your rights immediately by taking the fIf you are injured on a construction site:
- Seek immediate medical attention
- Report the accident to your supervisor
- Document the scene if possible
- Avoid giving recorded statements to insurers
- Speak with a construction accident attorney as soon as possible
Early legal guidance can significantly affect the outcome of your case.
Berkowitz & Weitz Law has spent nearly 30 years standing up for injured New Yorkers and have recovered millions of dollars for people just like you.
How Berkowitz & Weitz Law Can Help Injured Construction Workers
Berkowitz & Weitz Law, P.C. represents injured construction workers throughout New York in complex Labor Law 240 and scaffold accident cases. We understand how aggressively these claims are defended and how to build cases that hold negligent property owners and contractors accountable.
Our firm handles cases arising in NYC boroughs and surrounding counties, including Westchester, Nassau, Suffolk, Putnam, and Dutchess. Consultations are free, and there is no fee unless we recover compensation for you.
If you were injured in a scaffold or fall-from-height accident, do not assume workers’ compensation is your only option. New York’s Scaffold Law may provide powerful legal protections.
Contact Berkowitz & Weitz Law today for a free consultation.