NY Scaffold Law & Construction Injury

New York Construction Accident Lawyer — Scaffold Law §240

If you were injured on a New York construction site, you may have the strongest worker protection in the country backing you up. NY Labor Law §240 (the "Scaffold Law") imposes absolute liability on property owners and general contractors for elevation-related injuries. Free consultation. No fee unless we win.

What Is the NY Scaffold Law?

New York Labor Law §240 — the "Scaffold Law" — is unique in the United States. It holds property owners and general contractors absolutely liable for construction worker injuries caused by elevation-related hazards. The law was enacted in 1885 after waves of worker deaths from falls on NYC construction. It still applies today — and it's the single most powerful tool for injured NY construction workers.

The core idea: workers performing covered construction work at heights (or working near falling objects) are protected by safety devices required by law. If the required protection isn't provided and the worker is injured, the owner and contractor are 100% liable — regardless of the worker's own negligence. Your comparative fault does not reduce recovery under §240.

What Accidents Qualify Under §240?

• Falls from scaffolds that collapse, lack proper rails, or weren't secured
• Falls from ladders that slipped, broke, were missing rungs, or weren't properly secured
• Falls from roofs without proper safety lines or harnesses
• Falls through holes or openings that weren't properly covered or marked
• Falls down elevator shafts or other floor openings
• Falling objects that struck workers below — tools, materials, concrete, rebar
• Collapsing hoists, cranes, or lifts
• Pipeline / scaffold failures under worker weight

Who Is Protected?

The Scaffold Law protects workers engaged in erection, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure. Routine maintenance generally doesn't qualify (an important distinction we evaluate carefully). Covered trades include construction laborers, electricians, plumbers, carpenters, iron workers, HVAC technicians, roofers, painters, demolition crews, and most other building-trade workers.

Important: Undocumented workers are fully protected by §240. Immigration status does not bar recovery.

Scaffold Law vs. Workers' Compensation

Workers' compensation covers your medical bills and partial lost wages when injured on the job — regardless of fault. But workers' comp caps your recovery and doesn't pay for pain and suffering. The Scaffold Law is a separate civil lawsuit against the property owner and general contractor (not your employer). You can collect workers' comp AND file a §240 lawsuit.

This is why Scaffold Law cases can produce substantial recoveries beyond workers' comp — compensation for pain and suffering, future medical costs, future lost earnings, and loss of enjoyment of life.

Related NY Labor Law Claims

Labor Law §241(6) — covers violations of specific Industrial Code safety regulations. Broader than §240 but allows comparative negligence.

Labor Law §200 — codifies common-law negligence duty of owners and contractors to maintain a safe workplace.

We evaluate every construction accident case under all three. See our full guide to NY Scaffold Law for construction workers.

Related Resources

• NY Scaffold Law Guide for Construction Workers
• Personal Injury Lawyer New York
• Personal Injury Lawyer Long Island
• Construction Accidents (overview)
• Truck Accident Lawyer New York