by Asa Shatkin

NY Scaffold Law 240 Explained

What Workers Need to Know

Key Takeaways:

NY Scaffold Law is on workers’ side. Labor Law §240 holds property owners and contractors responsible for falls and falling object accidents.

Workers can recover full compensation. You can file a NY Scaffold Law lawsuit, allowing you to recover pain and suffering and other damages that workers’ comp doesn’t cover.

You have three years to file a lawsuit. New York gives workers three years to file a lawsuit, but only 90 days if they’re suing a government entity.

Construction work is one of New York’s most dangerous jobs. Every year, workers in New York fall from scaffolds, ladders, and roofs, often because someone else cut corners on safety. While some workers survive with life-changing injuries, others never make it back home.

If you’ve been injured in a scaffold collapse, ladder fall, or similar accident on a New York construction site, you have powerful legal protections. New York’s Scaffold Law (Labor Law § 240) is one of the strongest worker protection laws. Learn how it protects you, what compensation you can claim, and who can be held responsible when you’re injured on the job.

What Is New York’s Scaffold Law?

According to the Occupational Safety and Health Administration (OSHA), falls are a leading cause of workers’ deaths. The NY Scaffold Law is designed to protect construction workers injured in falls or struck by falling objects.

The law holds property owners and general contractors “strictly liable” when workers are injured due to elevation-related hazards. This means you don’t need to prove negligence and only need to show you were doing covered work and were injured due to a fall or struck by a falling object.

Who Does the Scaffold Law Protect?

The Scaffold Law protects workers involved in the construction, repair, alteration, or demolition of buildings and structures. This includes work on residential homes, commercial buildings, bridges, and other building projects.

And you’re not only covered if you were working above ground level, but also in excavations below ground.

Here’s who is included in the protections:

Construction laborers and trade workers, including general laborers working on construction sites.

Specialty workers, such as painters, window cleaners, electricians, masons, roofers, and demolition workers.

Subcontractors, day laborers, and independent contractors.

All workers, regardless of immigration status, including undocumented immigrants.

What Types of Accidents Does the Scaffold Law Cover?

Labor Law §240 relates only to gravity-related accidents. That means it applies when someone falls from a height (like off a ladder or scaffold), or when something falls and hits a worker (like a tool or building material). If you were injured in any of these ways, the Scaffold Law likely applies:

Scaffold collapses or failures
Falls from defective or unsecured ladders
Falls from roofs, platforms, or other elevated work areas
Being struck by falling tools, materials, or debris

Why the NY Scaffold Law Is So Powerful: Strict Liability

In a typical personal injury lawsuit, you must prove the defendant was negligent. However, under Labor Law §240, you don’t need to prove negligence. If the property owner or general contractor failed to provide proper safety equipment and you were injured, they’re automatically liable.

However, there is one important exception: if you were the “sole proximate cause” of your injury, meaning you did something so reckless that the injury is entirely your fault, you might not be covered. That said, the bar is high, and simply being inexperienced or making a judgment error usually won’t prevent you from recovering compensation. Consult a construction accident lawyer to clarify your rights.

Who Can Workers Sue Under the NY Scaffold Law?

Under Labor Law §240, you can broadly hold two parties responsible:

Property owners. The person or company that owns the building where you were working.

General contractors. The main contractor overseeing the construction project.

These two parties can be held liable for your elevation-related injuries, even if they weren’t present on-site or directly supervised your work. Note that subcontractors are generally not liable under §240.

What Compensation Can You Recover?

If you’re injured in a Scaffold Law accident, you may recover a range of compensation, including medical expenses, such as emergency treatment, surgery, hospitalization, rehabilitation, and future medical care. You can also recover lost wages for time you couldn’t work and lost earning capacity if you can’t return to your previous job.

But it’s not just financial losses. Depending on your case and injuries, you could also be entitled to compensation for pain and suffering, which is the physical pain and emotional distress your injuries caused. And if your accident results in a disability, you can recover damages for permanent disability and reduced quality of life.

The Scaffold Law and Workers’ Compensation

Injured workers who are receiving workers’ compensation may be wondering whether they could still file a Scaffold Law claim. The answer is yes. Workers’ compensation provides medical coverage and partial wage replacement regardless of fault. However, workers’ comp doesn’t cover pain and suffering, and wage replacement is limited.

A Scaffold Law claim can provide full compensation, including pain and suffering and complete wage loss, with amounts far exceeding workers’ comp benefits.

While you can’t sue your direct employer under the Scaffold Law, you can sue the property owner and general contractors. A NYC scaffold accident lawyer can help you pursue both.

What’s the Statute of Limitations in a NY Scaffold Law Claim?

New York gives you three years from your work accident date to file a lawsuit under New York Civil Practice Law and Rules § 214. However, if you’re suing a government entity, you have just 90 days to file a notice of claim. Acting fast is crucial to protect your rights and ensure that evidence doesn’t disappear. And remember: missing a filing deadline could bar your claim entirely.

NYC personal injury lawyer — Andrew D. Weitz and Robert J. Berkowitz.
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.

Your Next Best Steps After a Construction Fall Accident

If you suffered a construction injury, protect your rights immediately by taking the following action:

Get immediate medical attention
Report the accident to your supervisor
Take photos of the scene, equipment, and your injuries
Ask witnesses for contact information.
Keep all medical records and bills.

And, importantly, don’t sign any documents without legal advice from a NYC scaffold accident lawyer. The NY Scaffold Law is complex, and you need someone who knows how to build a strong case and maximize your recovery.

Berkowitz & Weitz Law, P.C. Fights for Workers

Construction accidents can change your life in seconds. Medical bills pile up, you can’t work, and your family may struggle to make ends meet. The good news is that New York’s Scaffold Law gives you powerful rights, and we are here to help you assert those rights and fight for what you deserve.

We’ve fought for the rights of injured New Yorkers for nearly 30 years, recovering millions of dollars for our clients. When we take your case, you pay nothing unless and until you recover compensation.

Does the Scaffold Law only cover scaffold accidents?
No. The law also covers falls from ladders, roofs, and elevated platforms, plus injuries from falling objects.

Can I sue if I was working off the books?
Yes. Your employment or immigration status doesn’t affect your rights under Labor Law §240. You’re protected regardless of how you were hired or paid.

What if my employer says the accident was my fault?
The Scaffold Law uses strict liability, so fault generally doesn’t matter. Unless you were extremely reckless, you can still recover compensation.