Construction work is dangerous. Whether you’re framing a building in the South Bronx, working on a scaffold in Yonkers, or doing renovation work on a property in White Plains, a fall from height can change your life in an instant. New York has one of the strongest worker protection laws in the country for exactly these situations, and it’s called the Scaffold Law.

If you were injured in a fall on a construction site, understanding Labor Law 240 may be the most important thing you do next.

What Is New York’s Scaffold Law?

New York Labor Law 240 requires owners and contractors to protect construction workers from gravity-related injuries, including falls from height.

New York Labor Law Section 240 is a state statute that can hold property owners and general contractors absolutely liable when a construction worker suffers a gravity-related injury caused by the failure to provide or properly place required safety devices. That means if you fall from scaffolding, a ladder, a roof, or another elevated work surface because required safety devices were absent, inadequate, or improperly placed, the owner or contractor may be held liable even if they were not personally negligent.

The law was originally enacted in 1885 and has been updated over the years. Its core purpose remains the same: to place the responsibility for job site safety on the parties with the most control over the work, not on the workers themselves.

You can read the current text of the law at the New York State Legislature’s official website at nysenate.gov.

Who Does Labor Law 240 Protect?

Labor Law 240 protects workers employed in construction, excavation, demolition, repair, and alteration work on buildings and structures.

The statute covers a broad range of workers, but it applies specifically to those engaged in construction, demolition, repair, excavation, painting, cleaning, and related activities. Day laborers, union tradespeople, and subcontractors can all fall within its protection.

The law applies to property owners and general contractors, but there are notable exceptions. One-and two-family homeowners who do not direct or control the work are generally exempt from liability under Labor Law 240. Government entities can also be subject to different rules depending on the circumstances.

If you worked on a multi-unit residential building, a commercial property, or a large construction project in the Bronx or Westchester County, there is a strong chance the law applies to your situation.

What Types of Accidents Does the Scaffold Law Cover?

Labor Law 240 covers falls from height and falling object injuries, including scaffold collapses, ladder falls, and being struck by unsecured materials.

The statute covers two categories of gravity-related accidents:

  • Falls from elevation: Workers who fall from scaffolds, ladders, rooftops, elevated platforms, or other surfaces above ground level.
  • Falling objects: Workers struck by tools, materials, or equipment that fell because they should have been secured for the work being performed or were being hoisted or secured improperly.

New York courts have consistently held that the law applies when an injury results from the failure to provide or properly place adequate safety devices intended to protect workers from elevation-related risks. The list of required devices comes directly from the statute itself.

What the law does not cover are accidents that are not gravity-related in nature, such as a slip and fall at ground level or a machinery-related injury without an elevation differential.

What Does ‘Strict Liability’ Mean for Your Case?

Strict liability means you do not need to prove the owner or contractor was negligent — only that a violation of Labor Law 240 caused your injury.

This is what makes New York’s Scaffold Law so powerful compared to worker protection laws in other states. In a standard negligence case, you would need to show that the defendant failed to act with reasonable care. Under Labor Law 240, an injured worker generally does not need to prove the owner or contractor was negligent. Instead, the worker must show that a violation of the statute occurred and that the violation was a proximate cause of the injury.

If the scaffolding you stood on collapsed, if the ladder you were using was not properly secured, or if debris fell because it was not tied off correctly, the responsible party can be held liable even if they claim they did not know about the hazard.

New York courts have upheld this principle repeatedly. The Court of Appeals, which is New York’s highest court, has consistently ruled that the purpose of the statute is to place the risk of non-compliance on owners and contractors rather than on workers.

Filing a Labor Law 240 Claim in the Bronx and Westchester

Many Labor Law 240 lawsuits arising in the Bronx and Westchester County are filed in the New York Supreme Court in the county where venue is proper.

New York Labor Law 240 claims are civil lawsuits, separate from any workers’ compensation claim you may file. They can be brought in New York Supreme Court, which in the Bronx sits at 851 Grand Concourse, and in Westchester County at 111 Dr. Martin Luther King Jr. Boulevard in White Plains.

Under New York Civil Practice Law and Rules Section 214, most personal injury claims in New York carry a three-year statute of limitations. However, certain circumstances, such as claims against a municipality, carry much shorter notice requirements, sometimes as little as 90 days. Missing these deadlines can bar your claim entirely.

Do not wait to speak with an attorney if you have been injured.

How We Can Help

At The Law Offices of Thomas J. Lavin, we represent construction workers and their families throughout the Bronx and Westchester County who have been hurt in preventable job site accidents. We know how these cases are built, and we know the courts where they are filed.

We work on a contingency fee basis, which means you do not pay unless we win. There are no upfront costs and no fees unless we recover on your behalf.

If you or someone you know was injured on a construction site, call us at 718-957-8695 or contact us to schedule a consultation. Your time to act may be limited, and speaking with us costs you nothing.