New York Labor Law §240, commonly known as the New York Scaffold Law, protects certain workers from elevation-related hazards when owners, contractors, or their agents fail to provide proper safety devices. The law can apply to falls from scaffolds, ladders, roofs, and other elevated work areas, as well as certain falling-object accidents.
A qualifying Labor Law §240 claim may provide rights beyond workers’ compensation, including the ability to pursue damages against responsible third parties such as property owners and general contractors. Common cases involve a fall from height construction accident, a collapsing scaffold, an unsecured ladder, or construction materials falling from above.
New York Scaffold Law at a Glance
- Law: New York Labor Law §240
- Common name: New York Scaffold Law
- Protects against: Qualifying elevation-related risks
- Common accidents: Scaffold falls, ladder falls, roof falls, and certain falling-object accidents
- Potential defendants: Owners, contractors, and qualifying statutory agents
- Comparative negligence: Generally does not reduce recovery when §240 liability is established, although defenses such as sole proximate cause may apply
Key Takeaways
- New York Labor Law §240 protects certain workers from gravity-related risks, including falls from heights and some falling-object accidents.
- The law may apply when an owner or contractor fails to provide an appropriate scaffold, ladder, hoist, harness, guardrail, or other safety device.
- Owners and contractors may face liability when a violation of §240 is a substantial cause of the accident, although important defenses and exceptions can apply.
- A qualifying third-party claim may allow recovery for damages that workers’ compensation does not fully cover, including pain and suffering.
- Scaffold Law cases are fact-specific and heavily litigated. Early investigation can help preserve photographs, equipment, contracts, witness information, and jobsite records.
What Is New York’s Scaffold Law?
New York Labor Law §240 requires owners, contractors, and their agents to provide certain safety devices for workers performing covered activities involving elevation-related risks.
Depending on the work and the hazard involved, those devices may include:
- Scaffolds
- Ladders
- Hoists
- Harnesses and lifelines
- Guardrails
- Braces, ropes, and other securing devices
The statute does not cover every construction-site injury. It generally applies when a covered worker is exposed to a significant elevation-related risk and an inadequate or missing safety device contributes to the injury.
Labor Law §240 claims often arise as part of broader New York construction accident claims involving unsafe jobsite conditions, multiple contractors, and overlapping duties under New York law.
If you were injured on a Brooklyn jobsite, learn more about Brooklyn construction accident claims. Our firm also handles cases throughout the Bronx, Queens, Manhattan, Staten Island, Westchester, Nassau, Suffolk, Putnam, and Dutchess counties.
Who Is Protected Under Labor Law §240?
Labor Law §240 may protect workers engaged in certain activities involving a building or structure, including:
- Erection and demolition
- Repair and alteration
- Painting
- Cleaning covered by the statute
- Pointing a building or structure
Protected workers may include laborers, roofers, ironworkers, electricians, painters, masons, carpenters, and other trades. Coverage depends on the specific task being performed at the time of the accident, not simply the worker’s job title.
Immigration status and union membership do not automatically determine whether a worker is protected. However, every case depends on its own facts, including the type of work, the location, the parties involved, and how the accident occurred.
What Types of Accidents Can the Scaffold Law Cover?
Labor Law §240 is most often associated with falls from heights, but it can also apply to certain falling-object accidents. Examples may include:
- Falls from scaffolds, ladders, roofs, platforms, or elevated work areas
- Falls through uncovered floor openings or other unprotected openings
- Scaffold or ladder collapses
- Falls caused by a ladder that shifts, slips, buckles, or is not properly secured
- Injuries caused by tools, materials, or equipment that should have been secured
- Hoisting accidents involving inadequately secured loads
- Failure of a harness, lifeline, guardrail, or other elevation-safety device
The existence of a height difference alone does not automatically establish a claim. The court will consider whether the accident arose from the type of elevation-related hazard the statute was intended to address and whether an appropriate safety device could have prevented or reduced the harm.
Is Labor Law §240 a Strict Liability Law?
Labor Law §240 is often described as a strict liability statute, but that phrase can be misunderstood. An injured worker does not win simply because an accident happened at a height.
Generally, the worker must show that:
- The worker was engaged in an activity covered by the statute;
- The defendant was an owner, contractor, or another party covered by the law;
- The accident involved a qualifying elevation-related hazard;
- An appropriate safety device was absent, inadequate, improperly placed, or failed; and
- The statutory violation was a substantial cause of the injury.
When those requirements are satisfied, ordinary comparative negligence generally does not reduce the worker’s recovery. However, defendants may raise defenses, including arguments that no statutory violation occurred or that the worker’s own conduct was the sole proximate cause of the accident.
What If the Worker Was Partially at Fault?
A worker’s partial fault does not necessarily defeat a Labor Law §240 claim. For example, allegations that a worker was careless may not eliminate liability when an inadequate safety device also contributed to the accident.
However, a defendant may argue that the worker was the sole proximate cause of the accident. That defense can arise when an appropriate safety device was available, the worker knew it was available and was expected to use it, the worker chose not to use it for no good reason, and that choice was the only cause of the accident.
Because these disputes are highly fact-specific, photographs, witness accounts, safety instructions, incident reports, equipment records, and testimony about what was available at the site can be critical.
What Is the Recalcitrant Worker Defense?
Defendants in Scaffold Law cases sometimes argue that an injured worker was a recalcitrant worker because the worker refused to use an available safety device or disregarded a specific safety instruction. The label alone does not determine the outcome. The facts surrounding what safety equipment was actually available, whether the worker was directed to use it, whether there was a good reason for the worker’s actions, and what actually caused the accident can all matter.
The recalcitrant-worker concept can overlap with a sole proximate cause defense, but a worker’s conduct should not automatically be treated as the only cause of an accident when a statutory safety violation also contributed to the injury. These issues are highly fact-specific and should be evaluated in light of the equipment, instructions, witnesses, and jobsite conditions.
Who Can Be Held Liable Under Labor Law §240?
Potentially responsible parties may include:
- Property owners
- General contractors
- Construction managers or other statutory agents with sufficient authority over the work
Not every owner or project participant is automatically liable. Certain one- and two-family homeowners may fall within a statutory exemption when they do not direct or control the work. Other parties may dispute whether they had the authority necessary to qualify as a contractor or agent under the statute.
An injured worker’s direct employer is often protected from a personal injury lawsuit by the workers’ compensation system, although exceptions and additional claims may exist. A Labor Law case frequently focuses on third parties such as the property owner, general contractor, or another entity responsible under the statute.
Labor Law §240 vs. Labor Law §241
Labor Law §§240 and 241 both protect construction workers, but they address different hazards and impose different legal requirements.
| Labor Law §240 | Labor Law §241 |
|---|---|
| Primarily addresses elevation-related hazards | Addresses construction, excavation, and demolition safety requirements |
| Commonly involves scaffolds, ladders, hoists, roofs, and falling objects | Often depends on a violation of a specific Industrial Code provision |
| May impose liability when an inadequate safety device causes the accident | May cover hazards that are not elevation-related |
| Ordinary comparative negligence generally does not reduce recovery when §240 liability is established | Comparative negligence can be considered in a §241(6) claim |
Some accidents may support claims under both statutes. Read our separate guide to New York Labor Law §241.
Can You Receive Workers’ Compensation and Bring a Scaffold Law Claim?
Potentially, yes. Workers’ compensation generally provides benefits regardless of fault, including a portion of lost wages and payment of authorized medical expenses. A separate Labor Law claim may be brought against a qualifying third party when the legal requirements are met.
A successful third-party claim may allow recovery for losses that workers’ compensation does not fully compensate, such as pain and suffering, loss of enjoyment of life, and the full extent of certain past and future economic damages.
What Compensation May Be Available?
Depending on the facts and severity of the injuries, a successful Scaffold Law claim may include compensation for:
- Past and future medical expenses
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Permanent disability
- Scarring or disfigurement
- Loss of enjoyment of life
- Other accident-related losses supported by the evidence
The value of a case depends on many factors, including liability, the nature of the injuries, medical treatment, future limitations, lost earnings, available insurance, and the strength of the supporting evidence.
How Long Do You Have to File a Labor Law §240 Claim?
In many New York personal injury cases, the general statute of limitations is three years from the date of the accident. Different and much shorter deadlines may apply when a municipality, public authority, or another government-related entity is involved.
You may also face separate deadlines for workers’ compensation benefits, notices, and insurance claims. Because the correct deadline depends on the defendants and circumstances, it is important to obtain legal advice promptly rather than relying on a general time period.
What Should You Do After a Scaffold or Construction Accident?
If you are injured on a construction site, take the following steps when you can do so safely:
- Seek medical attention. Your health comes first, and prompt treatment also documents the injury.
- Report the accident. Notify your supervisor, employer, or site representative and request a copy of any incident report.
- Preserve evidence. Photograph the scaffold, ladder, opening, harness, debris, work area, and visible injuries when possible.
- Identify witnesses. Save the names and contact information of coworkers and anyone else who saw what happened.
- Keep records. Save medical documents, pay information, union records, text messages, photographs, and correspondence.
- Be cautious with statements. Do not guess about facts or sign documents you do not understand.
- Speak with a construction accident attorney. Early investigation may help identify responsible parties and prevent important evidence from being lost.
Representative Construction Accident Result — $6.545 Million
Recovery for a truck driver who suffered catastrophic pelvic injuries in a crane accident, resulting in permanent disabilities and future lost earnings.
Prior results do not guarantee a similar outcome.
How Berkowitz & Weitz Law Helps Injured Construction Workers
Berkowitz & Weitz Law, P.C. represents construction workers injured in scaffold, ladder, roof, falling-object, and other elevation-related accidents throughout New York.
Our attorneys investigate how the accident occurred, identify the owners, contractors, and other potentially responsible parties, examine the available safety devices, preserve jobsite evidence, review contracts and project records, and pursue compensation from all appropriate sources.
We handle cases throughout New York City and the surrounding counties, including the Bronx, Brooklyn, Queens, Manhattan, Staten Island, Westchester, Nassau, Suffolk, Putnam, and Dutchess.
Workers injured on Bronx jobsites can also review our guide to Bronx construction accident claims.
Speak With a New York Construction Accident Lawyer
If you were injured in a scaffold collapse, ladder fall, roof fall, falling-object accident, or another elevation-related incident, do not assume workers’ compensation is your only option.
Contact Berkowitz & Weitz Law for a free consultation. There is no attorney’s fee unless we recover compensation for you.
Frequently Asked Questions About New York Labor Law §240
Does Labor Law §240 apply only to scaffold accidents?
No. The law may apply to falls involving ladders, roofs, platforms, hoists, openings, and other elevation-related hazards. It can also apply to certain falling-object accidents.
Can I bring a claim if I was partially at fault?
Potentially. Ordinary comparative negligence generally is not a defense when a Labor Law §240 violation contributes to the accident. However, a claim may fail if the worker’s conduct was the sole proximate cause.
Can I bring a Scaffold Law claim after receiving workers’ compensation?
Potentially. Workers’ compensation and a third-party Labor Law claim are different forms of relief. A qualifying claim may be brought against an owner, contractor, or another covered third party.
Does Labor Law §240 protect undocumented or non-union workers?
Immigration status and union membership do not automatically determine coverage. The key questions generally concern the work being performed, the hazard involved, the responsible parties, and how the accident occurred.
Are all property owners liable under the Scaffold Law?
No. Liability depends on the statute and the facts. Certain owners, including some owners of one- and two-family homes who do not direct or control the work, may qualify for an exemption.
How long do I have to file a claim?
Many personal injury claims are subject to a three-year limitation period, but shorter deadlines can apply, especially when a government-related entity is involved. Obtain advice promptly to determine the deadline in your case.