A single fall on a construction site can lead to spinal fractures, traumatic brain injuries, and months without income. When the property owner or contractor failed to provide proper scaffolding, harnesses, or guardrails, you should not be the one absorbing the cost. New York Labor Law 240 places absolute liability on the parties responsible for worksite safety, making it one of the strongest worker-protection statutes in the country. A New York construction accident attorney at Bornstein & Emanuel, P.C. can fight to make sure you receive full compensation for your injuries and lost wages.
What Is New York Labor Law 240?
New York Labor Law 240, commonly known as the Scaffold Law, is a state statute that requires property owners and general contractors to provide proper safety equipment to workers exposed to elevation-related hazards on construction sites. The law applies to work involving the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” and covers equipment such as scaffolding, ladders, hoists, harnesses, ropes, and guardrails. Originally enacted in 1885, this law imposes absolute liability on property owners and general contractors when workers are injured in gravity-related accidents.
Despite its nickname, the Scaffold Law is not limited to scaffold-related injuries. Labor Law 240 applies to any gravity-related accident involving inadequate safety equipment, including:
- Ladder falls
- Falling through floor openings
- Being struck by falling objects
- Hoist failures
- Any other elevation-related hazard
Slip and fall incidents that occur on the same level are not covered under Labor Law 240, as the statute specifically addresses accidents where a worker or object moves between different elevations.
How Does “Absolute Liability” Protect Injured Workers?
The most significant feature of Labor Law 240 is its absolute liability standard, which fundamentally changes how fault is determined in qualifying construction accident cases. In the context of Labor Law 240, “absolute liability” means these cases are an exception to New York’s usual laws on comparative negligence.
Typically, when someone is injured in an accident where they are partially at fault, their recovery is reduced by their percentage of fault. But in Labor Law 240 claims, this does not apply. If the owner or general contractor is liable, they’re liable for the full amount. In practice, this means that even if a worker made an error on the job, the property owner or contractor cannot shift blame onto the injured worker to reduce or eliminate compensation.
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. The only narrow defense available is proving that the worker’s actions were the sole proximate cause of the accident, meaning proper safety equipment was available and the worker refused to use it.
Who Is Protected Under the Scaffold Law?
Labor Law 240 protects a broad range of workers performing construction-related tasks at New York job sites. Protected workers commonly include laborers, roofers, ironworkers, electricians, painters, masons, and other trades, regardless of immigration status. You do not need to specialize in scaffold work to be covered.
The official text of the law applies to work such as “erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure,” which is quite a broad range of work. Those categories would typically encompass most construction and construction-related jobs, but the class of workers protected extends well beyond that.
There are some limits on who can be held liable. Homeowners of one- or two-family homes are usually exempt from liability unless they actively supervised or controlled the work. However, the law applies fully to owners of apartment buildings, commercial properties, and larger residential buildings. People completing decorative, maintenance, or manufacturing work do not qualify to seek financial compensation under Labor Law 240. The law also excludes motorists, pedestrians, and others passing by the construction site.
Can You File a Scaffold Law Claim and Receive Workers’ Compensation?
Many injured construction workers hesitate to pursue a Labor Law 240 claim because they worry it will affect their eligibility for workers’ compensation benefits. You can collect workers’ compensation benefits while simultaneously pursuing a Labor Law 240 claim against liable third parties. These are separate legal avenues, and one does not cancel out the other.
The distinction matters because the two systems offer different types of recovery. While workers’ comp pays medical bills and partial lost wages, it does not compensate for pain and suffering, future earning loss, or long-term disability, but Scaffold Law claims can. A successful Labor Law 240 claim allows you to pursue compensation for the full scope of your injuries, including medical expenses, lost income, diminished earning capacity, and the physical and emotional toll of your recovery.
You should also be aware of the filing deadline. For most personal injury claims in New York, you have three years from the date of the injury to file a lawsuit. However, if a government entity owns or controls the property where you were injured, you may need to file a formal notice of claim within just 90 days of the accident. Missing either deadline can cost you your right to compensation entirely, which is why acting quickly is critical.
Protect Your Rights After a Construction Site Fall in New York
If you or someone in your family was injured in a fall or struck by a falling object on a construction site, the Scaffold Law may give you a direct path to full compensation. At Bornstein & Emanuel, P.C., we have been focused exclusively on personal injury since 1992, and we have the experience to handle the complex Labor Law 240 claims that other firms may turn away. Our Spanish-speaking staff is available to assist you. Contact our Garden City office today for a free consultation so we can review your case and help you take the next step.
