What is the New York Scaffold Law and how does it protect injured construction workers?

New York is the only state in the country with an absolute liability statute protecting workers from elevation-related construction accidents. That law is Labor Law §240, known as the Scaffold Law, and it is one of the most powerful tools available to injured construction workers in New York.

What §240 Covers

The Scaffold Law applies to:

• Falls from scaffolding, ladders, rooftops, floors, or any elevated surface
• Workers struck by falling objects, tools, or materials
• Collapses of scaffolding, hoists, stays, or other elevation devices

When §240 applies, the property owner and general contractor are strictly liable — meaning the injured worker does not need to prove they were careless. The owner and contractor are liable simply because the accident involved a gravity-related hazard and the proper safety devices were not provided or were defective.

Who Can Be Held Liable

Under Labor Law §240(1), liability falls on property owners, general contractors, and their agents. Homeowners who do not direct the work and do not derive commercial benefit from the property may be exempt.

Workers Comp and Third-Party Lawsuits

If you are a construction worker, you can collect workers' compensation benefits AND bring a third-party lawsuit under §240 against the property owner or GC. These are separate remedies. Your employer's workers comp carrier will likely assert a lien against your third-party recovery — that is handled through subrogation.

Also review Labor Law §241(6), which covers industrial accidents involving specific safety code violations. Both statutes carry a three-year filing deadline under CPLR 214. No fee unless we win.