New York Labor Law 240: Scaffold Law Guide

New York Labor Law 240: Scaffold Law Guide

If you’ve been injured in a fall from a ladder, scaffold, or other elevated surface at a construction site, New York Labor Law 240 provides critical protections that could significantly impact your ability to recover compensation. Unlike typical injury cases where fault must be proven, this law holds property owners and general contractors strictly liable when proper safety equipment is not provided.

This guide explains what New York Labor Law 240 covers, who is protected, how liability works, and what steps injured workers should take to protect their legal rights.

What Is New York Labor Law 240?

New York Labor Law 240, commonly known as the “Scaffold Law,” is a worker protection statute enacted in 1885 to address the serious risks faced by construction workers performing elevated work. The law recognizes that falls from heights represent one of the leading causes of construction fatalities and serious injuries.

Purpose of the Law

Labor Law 240 serves a specific purpose: to ensure that workers performing tasks at elevated heights or below ground level have proper safety equipment and protection. The law places responsibility squarely on those who control the worksite, property owners, general contractors, and their agents, to provide adequate fall protection devices.

What Makes It Different From Other Safety Laws

Unlike federal OSHA regulations that establish safety standards, Labor Law 240 creates a private right of action. This means injured workers can file lawsuits directly against property owners and general contractors when the law is violated. Most significantly, the law imposes absolute liability on these parties, eliminating many of the defenses typically available in personal injury cases.

Who Is Protected Under the Scaffold Law?

Covered Workers

Labor Law 240 protects workers engaged in specific types of elevated work activities. You do not need to be a full-time construction worker to be covered.

The law protects:

• Construction workers and laborers
• Carpenters, masons, and ironworkers
• Electricians and plumbers
• HVAC technicians
• Painters and window washers
• Demolition crews
• Mechanics working at heights
• Maintenance workers performing covered tasks
• Elevator repair technicians
• Cable installers working at elevation

Employment status does not matter, and your citizenship status is not relevant. The law protects union workers, non-union workers, subcontracted employees, temporary workers, and undocumented workers performing covered activities.

Covered Work Activities

The law applies when workers are engaged in:

Understanding Absolute Liability

The most powerful aspect of Labor Law 240 is its absolute liability standard. This legal concept fundamentally changes how fault is determined in construction accident cases.

What Absolute Liability Means

Under absolute liability:

• Property owners and general contractors are responsible for gravity-related injuries when proper safety equipment was not provided.
• Worker’s fault does not reduce recovery. Unlike typical New York injury cases, where comparative negligence can reduce damages, Labor Law 240 eliminates this defense in qualifying cases.
• Defendants have very limited defenses under the statute. Defendants cannot escape liability by claiming they delegated safety responsibilities to a subcontractor or that they didn’t know conditions were unsafe.

Limited Defenses Available

While the law heavily favors injured workers, defendants can still prevail if they prove:

These defenses are difficult to establish and place the burden of proof on defendants.

Required Safety Equipment and Protections

Labor Law 240 requires property owners and contractors to provide adequate safety equipment. This can include:

• Properly secured scaffolding
• Stable ladders
• Safety harnesses with secure anchor points
• Functional hoists
• Protective barriers around floor openings

When this equipment is absent, inadequate, or defective, liability typically follows.

Types of Accidents Covered by Labor Law 240

The Scaffold Law applies to “gravity-related” accidents. Despite its name, the law covers far more than just scaffold accidents.

Common Covered Accident Types

• Falls from scaffolds, ladders, roofs, or other elevated surfaces
• Falls through uncovered floor holes, skylights, or weak flooring
• Being struck by falling tools, materials, or equipment
• Ladder or scaffold collapses and failures
• Elevator shaft falls and hoist failures

Labor Law 240 vs. Workers’ Compensation

Many injured construction workers wonder how Labor Law 240 relates to workers’ compensation benefits. Understanding the differences is critical to maximizing your recovery.

Key Differences

Can You Pursue Both?

Yes. You can collect workers’ compensation benefits while simultaneously pursuing a Labor Law 240 claim against liable third parties. This dual approach often provides the best overall recovery:

• Workers’ comp provides immediate medical coverage and partial wage replacement while your case develops.
• Labor Law 240 lawsuit seeks full compensation for all damages, including pain and suffering.

Steps to Take After a Construction Site Fall

Protecting your legal rights starts immediately after an accident. Taking the right steps can make a significant difference in your case outcome.

Immediate Actions

1. Seek medical attention immediately. Your health is the priority, and prompt medical treatment creates essential documentation.
2. Report the accident to your employer within 30 days. New York law requires this for workers’ compensation eligibility.
3. Document the scene if possible. Take photos of the equipment, your work area, and any safety violations.
4. Identify witnesses. Get names and contact information for anyone who saw the accident.
5. Preserve evidence. Keep the clothing and equipment you were using when injured.

Legal Actions

1. File a workers’ compensation claim. Complete a C-3 claim form within two years of the accident.
2. Consult with a construction accident attorney. Do this as soon as possible to understand your Labor Law 240 rights.
3. Do not give recorded statements to insurance adjusters without legal representation.
4. Preserve all medical records and bills. These document the extent of your injuries and treatment.

Time Limits for Filing a Labor Law 240 Claim

Frequently Asked Questions

Does Labor Law 240 only apply to scaffolding accidents?

No. Despite being called the “Scaffold Law,” Labor Law 240 applies to any gravity-related accident involving inadequate safety equipment. This includes ladder falls, falling through floor openings, being struck by falling objects, hoist failures, and any other elevation-related hazard.

Can I file a Labor Law 240 claim if I was partially at fault for my accident?

Yes. One of the law’s most important features is that your own negligence generally does not reduce your recovery. The absolute liability standard means property owners and general contractors are responsible when they fail to provide proper safety equipment, regardless of worker conduct, in most circumstances.

What if my employer says they’re not responsible because they provided safety equipment?

Your employer’s provision of safety equipment may satisfy their obligations, but Labor Law 240 primarily targets property owners and general contractors.

Will I have to go to court?

Many Labor Law 240 cases settle before trial. However, you should be prepared for the possibility of litigation. Having an experienced construction accident attorney significantly increases the likelihood of securing a favorable settlement without trial.

Can undocumented workers file Labor Law 240 claims?

Yes. Labor Law 240 protects all workers engaged in covered activities, regardless of immigration status. Undocumented workers have the same rights to compensation as any other injured construction worker.

Secure the Compensation You Deserve

Sources:

• New York State Senate – Labor Law § 240
• World Health Organization – Falls Fact Sheet
• Bureau of Labor Statistics – Construction Industry Falls, Slips, and Trips
• New York Committee for Occupational Safety and Health – Deadly Skyline Report 2022