The New York Scaffold Law (Labor Law 240): An Explanation

Labor Law 240, also known as the New York Scaffold Law, entitles workers to certain protections when they work at elevations. The law stipulates that contractors and building owners provide employees with all necessary and appropriate protective equipment so they can do their job safely. In the event of an accident related to insufficient fall protection, the injured worker can seek not only workers’ compensation benefits but also damages in a personal injury lawsuit.

This explanation will tell you what you should know about the importance of New York’s Scaffold Law in preventing accidents and enabling injured workers to pursue just compensation. If you were injured in an elevation-related accident, our NYC scaffold accident attorneys will assist you.

Labor Law § 240: New York Scaffold Law Explanation

Labor Law § 240 was enacted to make sure employees who work at elevated heights are always provided with suitable safety equipment. The specifications included under Labor Law 240 are the following:

• Scaffolds must be strong enough to carry four times the maximum weight they will be subject to.
• Scaffolds and staging must come equipped with safety rails under certain conditions, but despite the nickname, “New York State Scaffold Law,” the statute applies to many kinds of equipment, including:
  • Scaffolding
  • Hoists
  • Stays
  • Ladders
  • Slings
  • Hangers
  • Blocks
  • Pulleys
  • Braces
  • Irons
  • Ropes
  • “Other devices” as appropriate

What qualifies as appropriate and necessary protection varies depending on the jobsite and on the worker’s role.

Responsibilities of Contractors and Owners Under Labor Law 240

Under Labor Law 240, absolute liability applies to construction company owners, contractors, certain building owners, and their agents.

In other words, if a worker is injured in a fall from a height or by a falling object, it does not matter if the worker’s own actions contributed to the accident. New York Labor Law 240 means that the parties responsible for providing safety equipment will bear full responsibility for the accident. The injured worker has the right to sue the at-fault party for just compensation.

Types of Workers the New York Scaffold Law Protects: Labor Law 240 Requirements

To be eligible for compensation, you must meet the following criteria:

• You must have suffered injuries while involved in activities like erecting a building, building demolition, window cleaning, building repairs, making alterations to a structure, or painting a structure.
• You or the object that hit you must have fallen from one level to another. Trip or slip and fall incidents that occur on the same level are not covered under Labor Law 240, so they are subject to different standards.
• Your injuries could have been prevented. If one of the parties covered by the law had provided appropriate safety equipment, you would not have been injured.

For workers who meet these criteria, falls on construction sites are covered under New York’s Scaffold Law. It does not matter if you are an undocumented worker: your rights are protected.

Labor Law 240 Exceptions

The following parties are typically excluded under the New York City scaffolding law:

• Owners of one- or two-family homes
• Architects
• Landscape designers
• Engineers

The only time you can hold one of these parties responsible is if they “direct or control” some aspect of the job beyond the design and planning stages.

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Contact Oresky & Associates, PLLC, at (718) 993-9999 to speak with our attorneys about your rights as an injured worker.

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Compensation Under New York Labor Law 240

The scaffold law gives workers the chance to seek compensation for losses suffered in construction site accidents. This compensation will both cover your expenses as you recover and ensure the liable party is held accountable for their failure to provide appropriate safety equipment and protection.

Our construction accident attorneys will help you answer questions like:

What Damages Can Be Recovered in a Scaffold Accident in New York?

You may be able to recover both economic and non-economic damages by filing a personal injury lawsuit. This is particularly important, as workers’ compensation benefits do not cover all of your losses.

Economic damages include financial losses, such as:

• Hospital bills
• Therapy costs
• Medication costs
• Mobility devices
• Home healthcare
• Home renovation
• Loss of earnings
• Loss of earning capacity
• Loss of union benefits
• Loss of other job benefits

Non-economic damages include compensation for:

• Past and future pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability
• Scarring or disfigurement

If you lost a loved one in an elevation-related accident, you are entitled to wrongful death benefits, including:

• Your loved one’s pain and suffering
• Funeral expenses
• Loss of financial support

What Types of Injuries Can Workers Get Compensation for Under Labor Law 240?

Scaffold accidents can cause severe injuries that impact all aspects of the victim’s life. Whether you fell from a scaffold or were struck by a falling object, you might suffer:

• Broken bones
• Brain injury
• Spinal cord injury
• Amputation injury
• Disfigurement
• Organ damage
• Nerve damage
• Internal bleeding
• Eye injury

The severity of the injury and its effects on your life will affect the compensation you receive.

Scaffold Accident Statistics: The Dangers of Scaffolding

Per the Occupational Safety and Health Administration (OSHA):

• Scaffolds are a ubiquitous piece of construction equipment, with 65 percent of all U.S. construction workers using them each year.
• There are 4,500 scaffold-related injuries throughout the United States every year.
• A quarter of all fatal falls involve scaffolding.

In 2023 alone, “fall to lower level” injuries sent dozens of New York State workers to the hospital with injuries like fractures and traumatic brain injuries, according to OSHA’s Severe Injury Reports.

Working construction in New York is especially dangerous. A New York Committee for Occupational Safety and Health (NYCOSH) report states that construction worker fatalities in both New York State and New York City are higher than the national average.

Filing a Lawsuit Under New York’s Scaffold Law

Filing a claim or lawsuit under the New York scaffold law can be complex. The process may involve filing paperwork, collecting evidence, and speaking with insurance companies who are more concerned about their profits than your future. Nevertheless, recovering financial compensation is often essential for you and your family.

No matter what the insurer or the liable party says, you have a right to compensation under Labor Law 240. The construction accident lawyers at our firm can protect that right as we advocate on your behalf.

The Role of Our Scaffolding Accident Lawyers

Working with our scaffolding accident attorneys allows you to focus on healing while we manage your legal action.

Oresky & Associates, PLLC, will investigate the accident and gather the necessary evidence to prove that you were not provided with proper protection and deserve compensation. We can also negotiate with all parties involved to get you a just settlement. If necessary, we will advocate for you at trial in pursuit of a jury award.

Our construction accident law firm supports our clients by responding promptly to all of their questions and making sure they understand their legal rights and options.

Get Help After a Scaffold Accident in New York

The importance of New York’s scaffold law cannot be overstated. Those who work in the construction industry deserve to know they will be compensated if something goes wrong.

If you were injured in a scaffold accident because you were not given the necessary equipment, or the equipment you were provided was insufficient, Oresky & Associates, PLLC, is prepared to fight for you. Our team of NYC construction accident lawyers will explain the implications of Labor Law 240 and work tirelessly to get you the help you need. Call (718) 993-9999 right away for a free consultation from our bilingual staff.