New York Construction Accident Lawyer: Labor Law 240 & Scaffold Law Claims

Construction work is among the most dangerous occupations in New York City. Every year, hundreds of construction workers are seriously injured or killed in falls, scaffold collapses, falling object accidents, and other elevation-related incidents on job sites throughout the five boroughs and across New York State. If you or a loved one was injured in a construction accident, New York’s powerful Labor Law 240 — known as the Scaffold Law — may entitle you to full compensation from the property owner and general contractor, regardless of any negligence on your part.

At The Law Firm of Andrew M. Stengel, P.C., we represent injured construction workers and their families in Labor Law 240 cases, Labor Law 241 cases, and general construction accident claims throughout New York City and New York State. We fight aggressively to hold negligent owners, contractors, and developers accountable — and to secure the maximum compensation our clients deserve.

What Is New York Labor Law 240 — The Scaffold Law?

New York Labor Law § 240(1), commonly known as the Scaffold Law, is one of the most worker-protective statutes in the country. Enacted over a century ago and vigorously enforced by New York courts today, the law imposes absolute liability on property owners and general contractors for elevation-related injuries suffered by construction workers on their job sites.

Under Labor Law 240, owners and contractors are required to provide workers with proper scaffolding, ladders, hoists, stays, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices that give proper protection to workers performing construction, demolition, or repair work at heights. When an owner or contractor fails to provide adequate safety devices and a worker is injured as a result, the owner and contractor are absolutely liable — meaning the injured worker does not need to prove that they were careless or that the owner was negligent in a traditional sense.

The absolute liability standard is what makes Labor Law 240 so powerful. Even if a worker made a mistake that contributed to their injury, they can still recover full compensation from the property owner and general contractor. Comparative fault is not a defense under Labor Law 240. If the safety device failed, was absent, or was inadequate, liability attaches.

What Types of Accidents Are Covered by Labor Law 240?

Labor Law 240 covers two broad categories of elevation-related construction accidents: falls from heights and falling object injuries. New York courts have applied the statute to a wide range of specific scenarios, including:

• Falls from scaffolding, platforms, and elevated work surfaces
• Falls from ladders that slip, collapse, or are improperly secured
• Falls through unguarded floor openings, holes, or skylights
• Falls from roofs, elevated walkways, or building exteriors
• Workers struck by falling tools, materials, or equipment
• Injuries caused by collapsing scaffolds or defective hoisting equipment
• Falls into unprotected excavations, trenches, or shafts
• Injuries caused by defective or missing safety harnesses and lanyards

Whether you were working on a residential renovation, a commercial construction project, a bridge or infrastructure job, or any other work site in New York, Labor Law 240 may apply to your case. The law covers not just traditional construction workers but also laborers, ironworkers, electricians, plumbers, painters, roofers, and many other trades.

Labor Law 241: Additional Protections for Construction Workers

In addition to Labor Law 240, injured construction workers may have claims under Labor Law § 241(6), which imposes a duty on owners and contractors to provide reasonable and adequate protection and safety to workers engaged in construction, excavation, or demolition work. Unlike Labor Law 240, which applies specifically to elevation-related accidents, Labor Law 241(6) covers a broader range of job site hazards — including slippery floors, inadequate lighting, dangerous machinery, and other unsafe conditions.

To bring a successful Labor Law 241(6) claim, the injured worker must show that the owner or contractor violated a specific provision of the New York Industrial Code — a comprehensive set of safety regulations that govern construction sites throughout the state. Our attorneys are deeply familiar with the Industrial Code and routinely identify the specific violations that support our clients’ claims.

Many construction accident cases involve both a Labor Law 240 claim and a Labor Law 241(6) claim, as well as common law negligence claims against the contractor, subcontractors, equipment manufacturers, and other parties. We pursue every available theory of liability to maximize our clients’ recovery.

Who Is Liable Under Labor Law 240 and 241?

One of the most important features of New York’s Labor Law is its breadth of liability. Under Labor Law 240 and 241, the following parties can be held liable for a construction worker’s injuries:

• Property owners — including individual homeowners, real estate developers, corporations, and government entities that own the job site
• General contractors — the primary contractor responsible for overseeing the project and maintaining a safe job site
• Construction managers — firms hired to manage and coordinate the construction project
• Upper-tier contractors — subcontractors who have supervisory authority over the work being performed

Notably, even a homeowner who hires a contractor to perform work on their private residence can be held liable under Labor Law 240 in certain circumstances — though there is a homeowner exemption for one- and two-family dwellings where the owner did not direct or control the work. Our attorneys carefully evaluate every aspect of ownership and control on the job site to identify all liable parties.

Workers’ compensation covers only a portion of a construction worker’s losses and bars lawsuits against employers. But Labor Law 240 and 241 allow injured workers to sue the property owner and general contractor — parties separate from their employer — for full damages that go far beyond what workers’ compensation provides. This is the critical distinction that makes New York’s Labor Law framework so valuable to injured workers.

Common Defenses and How We Overcome Them

Property owners, general contractors, and their insurance carriers fight Labor Law 240 claims aggressively. They have experienced defense lawyers and substantial resources. Understanding the defenses they raise — and how The Law Firm of Andrew M. Stengel, P.C. defeats them — is important context for any injured worker considering a lawsuit.

The Recalcitrant Worker Defense: Defendants sometimes argue that the injured worker was a ‘recalcitrant worker’ who refused to use available safety equipment or deliberately disregarded explicit instructions. This is a narrow defense that applies only when a worker was specifically instructed to use safety equipment, the equipment was immediately available, and the worker refused for no good reason. We aggressively challenge this defense by establishing that adequate safety equipment was never provided, that instructions were vague or non-existent, or that the worker had no meaningful choice.

The Sole Proximate Cause Defense: Defendants may argue that the worker’s own conduct was the sole proximate cause of the accident — meaning the worker’s actions, and nothing else, caused the injury. This defense fails when there is any evidence that an inadequate safety device contributed to the accident. Our attorneys build comprehensive records showing that proper protection would have prevented the injury.

Homeowner Exemption: As noted above, owners of one- and two-family homes may claim they are exempt from Labor Law 240 liability. We investigate whether the homeowner directed or controlled the work, which can eliminate the exemption, and whether the property was truly used solely for residential purposes.

Challenging the Elevation Differential: For falling object cases, defendants may argue that the object did not fall from a sufficient height or that the elevation differential was too trivial to trigger Labor Law 240. We work with engineering experts and analyze the specific facts of each case to establish that the statute applies.

No matter what defenses are raised, The Law Firm of Andrew M. Stengel, P.C. enters every construction accident case fully prepared. We investigate job sites, preserve evidence, retain expert witnesses, and build the strongest possible case for our clients.

The Litigation Process: What Injured Workers Can Expect

Construction accident litigation in New York follows a well-established path, but it requires experienced guidance at every stage. Here is what clients can generally expect when they bring a Labor Law 240 or 241 claim with The Law Firm of Andrew M. Stengel, P.C.

Investigation and Evidence Preservation: Immediately after being retained, we move quickly to preserve critical evidence — photographs and videos of the accident scene, witness statements, safety inspection records, OSHA reports, equipment maintenance logs, and any other documentation relevant to the accident. Evidence on construction sites disappears quickly as work continues, and early action is essential.

Workers’ Compensation Coordination: Most injured construction workers are entitled to workers’ compensation benefits from their employer. We help coordinate workers’ compensation claims with the civil lawsuit to ensure our clients receive all available benefits without jeopardizing their Labor Law claims.

Filing the Lawsuit: We file a civil complaint asserting Labor Law 240, Labor Law 241(6), and common law negligence claims against all responsible parties. If a government entity owns the property, special notice of claim requirements apply, and we ensure these are met on time.

Discovery: Both sides exchange evidence through written discovery and depositions. We depose the property owner, general contractor, site safety supervisors, and any other witnesses with relevant knowledge. Expert witnesses — including safety engineers and medical professionals — are retained and prepared.

Motions and Trial: Labor Law 240 cases often involve motions for summary judgment, where we ask the court to rule in our client’s favor as a matter of law — without the need for a trial. New York courts frequently grant summary judgment to injured workers in clear-cut Labor Law 240 cases. When cases proceed to trial, our attorneys present the evidence compellingly to a jury and fight for the maximum verdict.

Recent Developments in New York Construction Accident Law

New York’s Labor Law framework continues to evolve through court decisions and legislative activity. Staying current with the latest developments is essential to effective representation of injured construction workers.

New York courts have continued to expand the scope of Labor Law 240 protection, clarifying that the statute applies to a wide range of work activities beyond traditional construction — including renovation, repair, maintenance, and certain inspection work. Courts have also addressed the application of the statute to workers injured while cleaning, painting, and performing other tasks at heights, with results that increasingly favor worker protection.

The debate over potential modification or repeal of the Scaffold Law has continued in Albany, with the construction industry and property owners periodically lobbying for reform. So far, the law remains intact and fully enforceable. The Law Firm of Andrew M. Stengel, P.C. closely monitors all legislative developments and engages actively in the legal community’s efforts to preserve this critical worker protection.

On the damages side, New York courts have issued important decisions addressing the calculation of lost earning capacity, the admissibility of expert testimony on construction safety standards, and the standards for awarding punitive damages in cases of particularly egregious safety failures. Our attorneys apply the most current legal standards in every case to ensure our clients receive full and fair compensation.

What Damages Can Injured Construction Workers in NYC Recover?

A successful Labor Law 240 or 241 lawsuit can result in substantial compensation for an injured construction worker and their family. Recoverable damages may include:

• Past and future medical expenses, including surgery, hospitalization, rehabilitation, and ongoing treatment
• Lost wages from the time of the accident through the date of trial or settlement
• Loss of future earning capacity, particularly for workers left with permanent disabilities
• Pain and suffering — physical and emotional — past and future
• Loss of enjoyment of life
• Scarring and disfigurement
• Damages for spouses and family members for loss of consortium and companionship

Construction accidents frequently cause catastrophic injuries — spinal cord damage, traumatic brain injuries, crush injuries, amputations, and death. The damages in these cases can be enormous, and we work with medical experts, vocational rehabilitation specialists, and economic analysts to ensure that every element of our clients’ losses is fully documented and maximized at trial or in settlement negotiations.

In cases involving particularly reckless disregard for worker safety — for example, a developer who knowingly sent workers onto an unsafe scaffold to avoid delays — punitive damages may also be available.

Why Choose The Law Firm of Andrew M. Stengel, P.C. for Your Construction Accident Case?

Construction accident cases are among the most complex and high-stakes personal injury matters in New York law. They require deep knowledge of the Labor Law statutes, extensive familiarity with construction site safety standards, the ability to litigate against well-funded institutional defendants, and the resources to retain the expert witnesses necessary to win.

The Law Firm of Andrew M. Stengel, P.C. brings all of these capabilities to every construction accident case we handle. We are committed to representing injured workers with the same vigor and dedication we bring to all of our civil rights and personal injury matters. We understand that a serious construction injury can destroy a family’s financial stability, and we fight with everything we have to make our clients whole.

We handle construction accident cases on a contingency fee basis — meaning you pay no attorney’s fees unless we recover compensation for you. There is no risk in calling us, and there is no obligation after your free consultation. If you were injured on a construction site in New York City or anywhere in New York State, we want to hear from you.

Injured on a New York Construction Site? Call The Law Firm of Andrew M. Stengel, P.C. Today.

If you or a loved one was injured in a construction accident in New York City or New York State, you may be entitled to full compensation under Labor Law 240, Labor Law 241, or other applicable law — regardless of fault. Time limits apply, and evidence disappears quickly. Do not wait to speak with an attorney.

Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Case consultations are free and confidential, and you will speak with Andrew M. Stengel directly.

Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and throughout New York State.