Labor Law 240 Scaffold Law: What Every Injured Construction Worker in New York Needs to Know
If you were injured on a New York construction site, one statute may be the most important thing standing between you and full compensation: Labor Law 240, known as the Scaffold Law. It is one of the strongest worker protection laws in the United States — and it is exclusive to New York.
Most injured workers have never heard of it. Many are told by their employers or by insurance adjusters that their only option is workers' compensation. That is not true — and understanding the difference could be worth hundreds of thousands of dollars.
Here is everything you need to know.
What Is the Labor Law 240 Scaffold Law?
New York Labor Law §240 — commonly called the Scaffold Law — imposes strict liability on property owners and general contractors for injuries caused by gravity-related hazards on construction sites. Enacted in 1885 and strengthened over time, it is one of the oldest and most protective worker safety statutes in the country.
The law requires that property owners and general contractors provide proper protection to workers performing construction, demolition, repair, or maintenance work at elevated heights. When that protection fails and a worker is injured, the law holds the owner and contractor liable — regardless of whether the worker contributed to the accident.
That last point is what makes Labor Law 240 extraordinary. In virtually every other state, if a worker is found partially at fault for their own injury, their compensation is reduced or eliminated under comparative negligence rules. Under the Scaffold Law, that is not how it works. Liability is strict — meaning it attaches the moment the required protection was not provided and an injury resulted.
Who Does the Labor Law 240 Scaffold Law Protect?
The Scaffold Law applies to workers engaged in:
Construction — new building, renovation, and alteration work
Demolition — tearing down or gutting existing structures
Repair — fixing or restoring existing structures
Cleaning — exterior building cleaning at elevation
Painting — painting at elevated heights
The law does not apply to routine maintenance tasks or to workers who are owners of a single or two-family home and have a direct involvement in the work being performed. Outside of those narrow exceptions, the law's protections are broad and apply to the vast majority of construction workers across New York City and the rest of the state.
What Types of Injuries Does Labor Law 240 Cover?
The Scaffold Law specifically covers two categories of gravity-related injury:
Falls From Elevation
The most common Labor Law 240 claim involves a worker falling from a height due to inadequate or improperly secured equipment. Covered scenarios include:
Falling from an unsecured or improperly erected scaffold
Falling from a ladder that slipped, collapsed, or was not properly positioned
Falling through an unguarded floor opening or skylight
Falling from an elevated platform, roof, or beam
Falling from a building under construction or demolition
Falling Object Injuries
The second category covers injuries caused by objects falling from height onto a worker below. This includes:
Tools, materials, or debris falling from scaffolding or elevated surfaces
Unsecured building materials or equipment dropped during hoisting
Structural components that fall due to inadequate rigging or bracing
In both categories, the critical question is whether the property owner or general contractor provided adequate safety devices — scaffolding, harnesses, safety nets, ropes, lanyards, or other protective equipment — that would have prevented the injury. If they didn't, and a worker was hurt, liability under §240 attaches.
Who Can Be Held Liable Under Labor Law 240?
This is one of the most important aspects of the Scaffold Law: it reaches beyond the injured worker's direct employer. Liable parties under §240 include:
Property Owners: Any person or entity that owns the property where the construction work is being performed can be held liable under the Scaffold Law — even if they had no direct involvement in the day-to-day operations of the job site. Commercial property owners, building owners, developers, and landowners are all potentially liable.
General Contractors: The general contractor overseeing the project is liable regardless of whether the injured worker was employed directly by them or by a subcontractor. If the GC had supervisory authority over the work, liability attaches.
Notable Exceptions: Homeowners who contract for work on their own single or two-family residence and who do not direct or control the work are generally exempt from Scaffold Law liability. This is a narrow exception and does not apply to investors, developers, or anyone who owns the property commercially.
The Difference Between Labor Law 240 and Workers' Compensation
Many injured construction workers are steered toward workers' compensation and told it is their only option. It is not — and the difference in what you can recover is significant.
Workers' Compensation provides:
A portion of your lost wages (typically two-thirds)
Coverage of medical expenses
No compensation for pain and suffering
Capped recovery amounts
A Labor Law 240 claim provides:
Full lost wages
All medical expenses
Pain and suffering damages
Compensation for permanent disability or disfigurement
Emotional distress damages
Long-term care costs
In most construction accident cases involving a gravity-related injury, both a workers' compensation claim and a Labor Law 240 personal injury lawsuit can be pursued simultaneously. At Blitz Law Group, we pursue every available avenue of recovery to ensure our clients receive the maximum compensation they are entitled to under the law.
For more on how construction worker protections work in New York, read our full post on New York construction worker rights.
Common Defenses — and Why They Often Fail
Property owners and general contractors fight Labor Law 240 claims aggressively. The most common defenses raised include:
The Worker Was the Sole Proximate CauseDefendants will argue that the worker's own conduct — ignoring safety instructions, misusing equipment, or acting recklessly — was the sole cause of the injury. This defense is difficult to establish because it requires showing that adequate safety equipment was provided and that the worker's misuse of it was the only cause of the accident.
The Worker Was a Recalcitrant WorkerThis defense argues that the worker refused to use available safety equipment without justification. Like the sole proximate cause defense, it is difficult to prove and requires showing both that proper equipment existed and that the worker deliberately refused to use it.
The Task Was Routine Maintenance, Not ConstructionBecause the Scaffold Law does not cover routine maintenance, defendants sometimes argue that the injured worker was performing maintenance rather than construction or repair. The distinction between maintenance and repair can be legally complex, and courts analyze the specific nature of the work being performed.
An experienced Labor Law 240 attorney knows how to anticipate and defeat these defenses — and how to build a case that is resistant to them from the beginning.
How Much Time Do You Have to File a Claim?
In New York, the statute of limitations for most personal injury claims — including Labor Law 240 claims — is three years from the date of the accident. However, there are critical exceptions:
If your claim involves a government-owned property or a municipal construction project, you must file a Notice of Claim within 90 days of the injury
Wrongful death claims carry a two-year statute of limitations from the date of death
Missing these deadlines almost always means permanently losing your right to any compensation. If you've been injured on a job site, contact an attorney as soon as possible.
What Compensation Can You Recover?
If your Labor Law 240 claim is successful, you may be entitled to recover:
Past and future medical expenses
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Rehabilitation and long-term care costs
Compensation for permanent disability or disfigurement
Wrongful death damages if a loved one was killed on a job site
Talk to Blitz Law Group — For Free
Labor Law 240 claims are among the most powerful tools available to injured construction workers in New York — but they are also among the most aggressively defended. Property owners and general contractors have experienced legal teams working to minimize their liability from the moment an accident occurs. You need someone fighting just as hard on your side.
At Blitz Law Group, we have recovered millions of dollars for injured construction workers across New York City and the surrounding metro area. We handle every case on a contingency fee basis — meaning you pay nothing unless we win.
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**Attorney Advertising. Prior results do not guarantee a similar outcome.**
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