NY Scaffold Law Puts Full Liability on Owners and Contractors. Use It
Construction Workers Have Powerful Rights Under New York Law
New York Labor Law §240 — the Scaffold Law — holds property owners and general contractors absolutely liable for gravity-related injuries on construction sites. Absolutely liable means they cannot escape responsibility by blaming the injured worker. If a ladder slips, a scaffold collapses, or materials fall from above and hurt you, the owner and GC are on the hook, period. Labor Law §241 adds safety standard requirements for all construction, demolition, and excavation work. Together, these statutes give injured construction workers rights that workers in no other state enjoy. You have three years under CPLR 214 to file. If the site is on city-owned property, you have 90 days for a Notice of Claim under General Municipal Law §50-e.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
Labor Law §240 Scaffold Law — Absolute Liability
NY Labor Law §240 imposes absolute liability on owners and general contractors for gravity-related construction injuries, including falls from heights and falling objects. Your own negligence is not a defense for the owner or GC. This is unique to New York and enormously powerful.
Read moreLabor Law §241 Safety Standards
Labor Law §241(6) requires all construction, demolition, and excavation work to be performed with reasonable and adequate protection. Violations of the NY Industrial Code trigger liability. Unlike §240, comparative fault can apply here, but owners and GCs still carry primary responsibility.
Read moreWho Is Liable on a Construction Site
Owners, general contractors, and their agents face liability under §240 and §241. Subcontractors can face third-party negligence claims. Equipment manufacturers can face product liability claims. We identify every responsible party before filing.
Read moreWorkers Comp Is Just the Start
Workers’ Compensation covers your medical bills and two-thirds of your wages while you are out. It does not cover pain and suffering. A third-party lawsuit against the owner, GC, or another contractor can recover full damages on top of your WC benefits.
Read moreFiling Deadlines
Three years from the accident date under CPLR 214 for most construction injury claims. If city or state property is involved, you must file a Notice of Claim within 90 days under General Municipal Law §50-e. Miss that window and you lose the right to sue the municipality.
Read moreSerious, Catastrophic Injuries
Construction falls cause spinal cord injuries, traumatic brain injuries, crush injuries, and amputations. These cases require expert engineers, safety consultants, and vocational experts to prove long-term economic losses. We build that team for you.
Read moreHow we handle these cases
Step 1
Secure the accident scene evidence: photos, safety logs, OSHA inspection reports, and witness statements immediately.
Step 2
Analyze the site owner structure and contract chain to identify every party liable under §240 and §241.
Step 3
File your Workers’ Compensation claim and coordinate it with the third-party civil lawsuit so you recover on both tracks.
Step 4
Retain structural engineers and construction safety experts to prove the safety violation.
Step 5
Fight for the full value of your injuries including future lost earning capacity and lifetime medical costs.
Real cases. Real results.
Three recent Personal Injury outcomes — case context and result. No client identifying information.
Absolute liability established under Labor Law §240 against the site owner and general contractor.
Workers’ Compensation running simultaneously with the third-party lawsuit for maximum combined recovery.
Full damages for pain, suffering, lost wages, and future care needs documented and proven.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Related questions
Quick answers from our FAQ library.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →Personal Injury lawyers near you
Seven New York offices serving working clients across the state.
The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
Need a personal injury lawyer?
Free consultation. No fee unless we win. English or Spanish. Day or night.